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New Braunfels, TX Special Events & Permits: Outdoor Heater Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Approval needed
Fire marshal + downtown coordinator
Basis for approval
Case-by-case, not automatic
Tied to
Underlying 1-year sidewalk cafe permit
Extension cords
Prohibited in the cafe footprint
First-violation fine
$100.00

Summary

New Braunfels does not let sidewalk cafe operators add patio heaters as of right. City Code § 114-10 puts outdoor heaters in a downtown cafe's furniture area on a case-by-case basis, requiring sign-off from both the fire marshal and the downtown development coordinator before one can be used.

Heaters may be allowed on a case by case basis and subject to the approval of the fire marshal and the downtown development coordinator.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

Heaters sit inside the furniture-and-fixtures design rules for downtown sidewalk cafes in Sec. 3. Most furniture beyond tables, chairs and umbrellas is banned outright there, listing serving stations, bar counters, shelves, racks, sofas, televisions and trash receptacles as examples of what cannot go in a permitted cafe area. B allows them only on a case-by-case basis, and only with the approval of both the fire marshal and the downtown development coordinator, folding a fire-safety review into what is otherwise a downtown-appearance permit. The same furniture rules that surround the heater provision require all cafe furniture to be free-standing, never secured to the sidewalk, trees, lamp posts or other street infrastructure, and ban extension cords running to or from the sidewalk area, a restriction that bears directly on how an approved heater can be powered.

Lights other than tabletop fixtures are barred in the same subsection, reinforcing that anything electrical or flame-related in the cafe footprint gets extra scrutiny. Any heater use rides on the underlying one-year sidewalk cafe permit issued by the planning and community development department under Sec. 114-10(a)-(b): an operator cannot seek heater approval independently of holding that permit, and the fire marshal's sign-off applies only within the defined downtown cafe area, not to seasonal heating on sidewalks generally. If a heater is added without the required approvals, it counts as an unapproved obstruction or furniture item under the cafe's general operating rules and exposes the operator to the same fine and revocation track as any other Sec. 114-10 violation.

Violations & Fines

An unapproved heater in a downtown sidewalk cafe area is enforced through the same tiered track as any other Sec. 114-10 furniture violation: $100.00 for a first notice, $150.00 for a second, and permit revocation on a third under Sec. 114-10(h)(11). Because heater approval also requires fire marshal sign-off, an unapproved unit can additionally draw fire-code enforcement independent of the sidewalk cafe permit itself.

Frequently Asked Questions

Can a downtown New Braunfels restaurant put out patio heaters for its sidewalk cafe?
Only with approval. Sec. 114-10(b)(2)f.3.B allows heaters in a permitted sidewalk cafe area on a case-by-case basis, but only after both the fire marshal and the downtown development coordinator sign off, on top of the underlying one-year sidewalk cafe permit from the planning and community development department.
Why does the fire marshal have to approve sidewalk cafe heaters?
Because heaters sit inside furniture rules that also ban extension cords in the cafe footprint and restrict lighting to tabletop fixtures, the code folds a fire-safety check into the design approval so an open flame or electrical heat source is not simply left to the operator's own judgment.
What happens if a cafe uses a heater without approval?
It is treated as an unauthorized furniture item under Sec. 114-10's cafe operating rules, drawing the same enforcement track as any other violation: a $100.00 fine on first notice, $150.00 on a second, and permit revocation on a third, under Sec. 114-10(h)(11).

Sources & Official References

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