ORDER N0.28466
RESTRICTING OUTDOOR BURNING
On this the 22°a day of December, 2003 upon motion made by Commissioner
Williams, Seconded by Commissioner Baldwin the Court unanimously
approved a vote 4-0-0 To Restrict outdoor burning as presented by
Commissioner Letz.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Jonathan Letz OFFICE:
MEETING DATE: December 22, 2003
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Burn Ban.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioners Court
TIlVIE PREFERRED:
Comm. Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
STATE OF TEXAS §
COUNTY OF KERR §
ORDER RESTRICTING OUTDOOR BURNING
WHEREAS the Commissioners Court of Ken County finds that circumstances present in
the unincorporated area of the county create a public safety hazard that would be exacerbated by
outdoor burning,
IT LS HEREBY ORDERED by the Commissioners Court of Kerr County that outdoor
burning is banned in the unincorporated area of the county for 90 days from the date of adoption
of this Order, unless the ban is terminated earlier based on a determination by the Commissioners
Court that the circumstances described above no longer exist. This Order is adopted pursuant to
Local Government Code Section 352.081, and other applicable statutes. This Order does not
prohibit outdoor burning activities (a) related to public health and safety that are authorized by
the Texas Commission on Environmental Quality for (1) firefighter training; (2) public utility,
natural gas pipeline or mining operations; (3) harvesting of agricultural crops or 4) prescribed
burn plans approved by the Department of Agriculture; or (b) in enclosures such as trash barrels
and charcoal grills which are designed to contain all flames and embers.
IT IS FURTHER ORDERED that if the circumstances leading to this order are modified
by transitory conditions, the Commissioners Court authorizes each Commissioner to suspend this
order for a specified period in their precinct after consultation with the fire departments in their
precinct. Such temporary suspension(s) of the ban may be terminated at any time before
expiration of the specified period by the appropriate County Commissioner(s).
In accordance with Local Government Code Section 352.081(h), a violation of this Order
is a Class C misdemeanor, punishable by a fine not to exceed $500.00
ADOPTED this 22~' day of December , 2003 by a vote of
ayes and ~_nays.
~- - -
AT TINLEY, COUNTY JIJD
Attest:
C Y CLERK
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SUBCHAPTER D. OUTDOOR BURNING
§ 352.081. Regulation of Outdoor Burning
(a) In this section, "drought conditions" means the existence of a
long-term deficit of moisture creating atypically severe conditions
with increased wildfire occurrence as defined by the Texas Forest
Service through the use of the Iieetch-Byram Drought Index or, when
that index is not available, through the use of a comparable
measurement that takes into consideration the burning index, spread
component, or ignition component for the particular area.
(b) On the request of the commissioners court of a county, the Texas
Forest Service shall determine whether drought conditions exist in
all or part of the county. The Texas Forest Service shall make
available the measurement index guidelines that determine whether a
particular area is in drought condition. Following a determination
that drought conditions exist, the Texas Forest Service shall notify
the county when drought conditions no longer exist. The Texas Forest
Service may accept donations of equipment or funds as necessary to
aid the Texas Forest Service in carrying out this section.
(c) The commissioners court of a county by order may prohibit or
restrict outdoor burning in general or outdoor burning of a
particular substance in all or part of the unincorporated area of the
county if:
(1} drought conditions have been determined to exist as provided by
Subsection (b); or
(2) the commissioners court makes a finding that circumstances
present in all or part of the unincorporated area create a public
safety hazard that would be exacerbated by outdoor burning.
(d) An order adopted under this section must specify the period
during which outdoor burning is prohibited or restricted. The period
may not extend beyond the 90th day after the date the order is
adopted. A commissioners court may adopt an order under this section
that takes effect on the expiration of a previous order adopted under
this section.
(e) An order adopted under this section expires, as applicable, on
the date:
(1) a determination is made under Subsection (b) that drought
conditions no longer exist; or
(2) a determination is made by the commissioners court that the
circumstances identified under Subsection (c)(2) no longer exist.
http://www.capitol.state.tx.us/statutesJlg/1g0035200.htm1 12/16/2003
..OCR.. '.rTo F"l'T, fy"" . - v_-.. ~_ _, . , _ ~.
{f) 'this ;_,~r:tior does not apply to outdoor burning activities:
(~) related to public health and safety that are authorized by the
TExas Natural Resource Conservation Commission for:
(A) firefighter training;
(B} public utility, natural gas pipeline, or mining operations; or
(C) planting or harvesting of agriculture crops; or
(2) that are conducted by a prescribed burn manager certified under
Section 153.048, Natural Resources Code, and meet the standards of
Section 153.047, Natural Resources Code.
(g) Any person is entitled to injunctive relief to prevent the
violation or threatened violation of a prohibition or restriction
established by an order adopted under this section.
(h) A person commits an offense if the person knowingly or
intentionally violates a prohibition or restriction established by an
order adopted under this section. An offense under this subsection is
a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1435, ~ 1, eff. Aug. 30, 1999.
Amended by Acts 2001, 77th Leg., ch. 1185, ~ 1, eff. Sept. 1, 2001.
Renumbered from § 240.906 by Acts 2001, 77th Leg., ch. 1420, g
12.004, eff. Sept. 1, 2001.
http://www.capitol.state.tx.us/statutes/lg/Ig0035200.htm1 12/16/2003
PUBLIC PARTICIPATION FORM
FOR
KERR COUNTY COMMISSIONERS' COURT
3
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Instructions: Fili out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed.
Name: ~~ eel ~'~ ~ ~ ~ t ~
Address: `b,o 5 1~iS~i,,,~ ~ ~ ~ ~L.ca'~ /-1~~,~, 73~s~5
Telephone: `~ ~ ' ~I S `1 ' ~ ~i ~j ~f
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Place of Employment: ~'c~ Q w ~
Employment Telephone: s °~ ~
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