ORDER NO. 3 043 3 IMPLEMENTATION OF BURN BAN Came to be heard this the 13th day of August, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. I~he Court unanimously approved by vote of 4-0-0 to: Implement the Order Restricting Outdoor Burning as presented. /,l~ 3p~33 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWEWD BY THE COURT MADE BY: Judge Tinley OFFICE: County Judge MEETING DATE: August I3, 2007 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Implementation of the Burn Ban. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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 RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Order # 30433 STATE OF TEXAS § COUNTY OF KERR § ORDER RESTRICTING OUTDOOR BURNING WHEREAS the Commissioners Court of Kerr 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 IS 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 suspensions(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 13th day of August 2007 by a vote of 4 ayes and 0 nays. PAT T EY, COUNTY JUDGE /} SIQNE S Attest: i ~-~ ~\5~,~,-.... R C, ~~2~ ~ ti ~G V~ i ~ ~C UNT CLERK ~ ~; ~~ ~ ~ ~'9 C •........~'r~`1~Q DUNTY~~