ORDER NO. 31523
BURN BAN
Came to be heard this the 9th day of November, 2009, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0 to:
Approve implementation of the Burn Ban.
3 I S~ 3
1~ ~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley
MEETING DATE: November 9, 2009
OFFICE: County Judge
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: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .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.
#31523
Order #
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 9t" day of November 2009 by a vote of 4 Ayes and o Nays.
IN EY, COUNTY JUDGE