ORDINANCE NO. 6-9-98B  AN ORDINANCE TO PROHIBIT BURNING OF BRUSH, TRASH, PAPERS, RUBBISH AND GARBAGE WITHIN THE CITY LIMITS OF THRALL, TEXAS; DECLARING SUCH BURNING TO BE A NUISANCE AND PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVSRABILITY CLAUSL; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY  CLAUSE; AND PROVIDING FOR PUBLICATION.  WHEREAS, the City Council of the City of Thrall, Texas, has détermined there is a rieed for prohibition of burning of brush, trash, papers, rubbish and garbage within the City limits of WHEREAS, the prohibition of burning within the City. limits of Thrall, Texas, will be in the best interest of the public health, safety, ànd general welfare of the citizens of Thrall, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  Thrall, Texas; and  OF THRALL, TEXAS: SECTION 1.  All of the facts recited in the preamble to this Ordinance are hereby found. by the City Council to be true and correct and are incorporated by reference herein and expressly made a part hereof,  as if copied herein verbatim.  SECTION 2. Section or for recreation. SECTION 3.  OUTDOOR BURNING PROHIBITED  No person, firm or corporation shall burn any wood, brush, trash, papers, rubbish or garbage out of doors anywhere in the  This  City.  shall not prohibit the use of an outdoor fire for cookcing  OTHER BURNING PROHIBITED  No person shall burn any trash, papers, rubbish or garbage anywhere indoors in the City except in an incinerator complying with all  applicable laws and ordinances.  SECTION 4.  HEATING AND COOKING STOVES  Nothing in this Ordinance shall be deemed to prohibit the wood in stoves used for cooking, the use of wood in fireplaces use for of decorative fires or the use of wood in fireplaces or stoves  designed for heating,  1    SECTION 5.  NUISANCE AND INJUNCTIVE RELIEF  Any violation of this Ordinance is hereby declared to be a nuisance. In addition to any other relief provided by this Ordinance, the City, Attorney may apply. to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Ordinance. Such application for relief may include seeking a temporary restraining order, temporary injunction  and permanent injunctions.  SECTION 6.  SEVERABILITY CLAUSE  The provisions of this Ordinance are severable, and if any sentence, section' or other part of this Ordinance should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full  force and effect. SEGTION 7.  REPEALING CLAUSE  All other ordinances, parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed to the extent of  any such conflict. SECTION 8.  PENALTY CLAUSE  That any person, firm or corporation viplating any of the provisions of this Ordinance shall be deemed guilty. of a misdemeanor and, upon conviction in the municipal court of the City of Thrall, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except however, where a. different penalty has been established by state: law for such offense the penalty shall be that fixed by state law, and for any offense which is a violation of any provision of law that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day said violation is continued shall  constitute a separate offense.  SECTION 9.  PUBLICATION  The City Secretary is hereby authorized and'directed to publish the caption of this Ordinance, together with the penalty provision contained therein, in the manner and for the length of time  prescribed by law.  2    AND APPROVED this 9th day of June  1998, by, a vote of  PABSED "Ayes" and and voting.  0 "Nos" with all members of Council present  Mayfr  gmk  ATTEST:  APPROVED AS TO FORM: Ted K4-6 City Attorney  GbReb Barbara Kelm City Secretary  CERTIFICATE  THE STATE OF TEXAS COUNTY OF WILLIAMSON  I, Barbara Kelm, being the current City Secretary of the City of Thrall, Texas, do hereby certify that the attached is a true and the City Council of the City of Thrall, Texas, on the 9th day. of open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Government Witness my hand and seal of office this 9th day of  correct copy of Ordinance No. 6-9-98B  passed and approved by  June  1998, and such Ordinance was duly adopted at a meeting  Code Section 551.043..  June  1998.  Gaknhel Barbara Kelm, City Secretary  MaimrailwAimmlaw  3