.... but we found out later that the VFD had been called out earlier about noon and that still didn't stop the guy. It's a scary situation as we're pretty dry and have a lot of dead-fall in our wooded areas.
Charlie
Some people have no common sense (AKA experience). The VFD like mine has no authority to enter property and extinguish a controlled burn unless there is a burn ban or at the request of a owner or a 911 caller if no one is present. Sometimes I would like government interference that would require a burn permit which would require a private insured company to be there to control a control burn and notification of neighbors.
You got me thinking - Does a VFD have a defense to prosecution of the trespass laws when there is no burn ban but the TX forest service has issued a red flag day????? I'll have to check into that.
edit : I did find out that "A burn ban does not have to be in place for outdoor burning to be illegal.
Negligently allowing a fire to escape onto someone else’s property is a Class C misdemeanor, punishable by a fine of up to $500".
http://www.kbtx.com/news/headlines/...tdoor_Burning_Can_Be_Dangerous_118772434.html
Factors that would convince the DA that the fire setter was negligent:
-Check for – and comply with – bans on outdoor burning.
-Avoid burning trash, leaves and brush on dry, windy days.
-Check to see if weather changes are expected. Postpone outdoor burning if shifts in wind direction, high winds or wind gusts are forecast.
-Before burning, establish wide control lines around burn barrels – down to bare mineral soil and at least 5 feet wide. Control lines should be even wider around brush and debris piles to be burned. The larger the pile, the wider the control line needed to ensure embers won’t spread and catch surrounding vegetation on fire.
-Stay with all outdoor fires, until they are completely out.
-Keep water and hand tools ready in case your fire begins to spread.
-Burn household trash only in a burn barrel or other trash container equipped with a screen or metal grid to keep burning material contained.
-Never attempt to burn aerosol cans, as heated cans will explode. -Flying metal may cause injuries and the explosion may scatter burning material into nearby vegetation, resulting in wildfire.
-Stay abreast of wildfire danger levels and heed warnings and bans on outdoor burning.
I have to get hold of the TFS about red flag days but it looks like if we are stopped by the owner we just call the sheriff and as soon as it crosses the fence line request the owner/fire setter be arrested.