HomeMy WebLinkAboutOrdinance 213 CERTIFICATION
I, LEE DAYRA, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 213 adopted by the Atascadero City Council at a
regular meeting thereof held on January 8, 1991 and that it has
been duly published pursuant to State Law,
DATED: March 11, 1991
L E DA
City Clerk
City of Atascadero, California
ORDINANCE NO. 213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING BACKYARD BURNING RESTRICTIONS BY ADDING
CHAPTER 7 TO TITLE 5 OF THE ATASCADERO MUNICIPAL CODE
The City Council of the City of Atascadero, California, does
ordain as follows :
CHAPTER 7 . BACKYARD BURNING
Section 1 . Title 5 to read as follows :
Sec . 5-7 . 01Purpose .
Controlled open burning of natural waste from shrubbery
and trees grown on property occupied by one or two
family dwellings is necessary within the City of
Atascadero to reduce the amount of available fuel which
can burn during wildfires .
Burning in the city causes the emission of smoke, gas
and other components of combustion which under certain
atmospheric and meteorological conditions contaminate
and pollute the atmosphere to an extent that is
detrimental to the health, safety and welfare of the
inhabitants of the city, and that unless regulated in
the manner in this chapter provided, such emission of
smoke, gas and other air contaminants and pollutants
will continue to interfere with and endanger the
comfort, health, welfare and safety of such inhabitants
of the city.
Sec 5-7 . 02 . Burning limitations .
To reduce health hazards from the resultant smoke from
controlled burning, the following restrictions shall
apply:
a . Burning shall be limited to natural wastes from
shrubbery and trees grown on property occupied by one or
two family dwelings . Commercial occupancies, vacant
lots and multi-family occupancies shall not be allowed
to conduct controlled burning operations at any time.
b . Material to be burned shall be free of household
rubbish, lumber, rubber, plastics, tar, paint, creosote,
hydrocarbons or any man-made waste . Shrubbery and tree
prunings shall be dry and reasonably free of dirt and
surface moisture . A minimum of three (3) weeks from the
time of cutting will be required for drying. Burning of
grass, weeds or piled leaves shall not be allowed at any
time .
C. No burning will be allowed if measurable rain has
fallen within the previous five (5) days .
ORDINANCE 213
PAGE 2
d. Burning may take place only on permissive burn days
as established by the California Air Resources Board and
the San Luis Obispo County Air Pollution Control
District . The City of Atascadero Fire Department shall
maintain a telephone line to disseminate this
information on a daily basis . No person shall conduct a
controlled open burning operation on a non-permissive
burn day.
Sec. 5-7 . 03 . Allowable conditions .
To reduce the hazard of wildfires or structure fires due
to escaped controlled burns, the following restrictions
shall apply:
a. Piles of shrubbery and tree prunings shall be no
larger than four (4) feet high and six (6) feet in
diameter . A maximum of five (5) such piles may be
burned at one time.
b . Accelerants (e .g. , flammable liquids) shall not be
used to start fires in burn piles .
c. Burn piles shall be tended by a responsible adult at
all times and a functioning water hose capable of
extinguishing the fire (s) shall be available at all
times .
d. Burn piles shall be located a minimum of fifty (50)
feet from the property line of neighboring residences
and a minimum of thirty (30) feet from any structure,,
including wooden fences, on the same property.
e . At least fifteen (15) feet of clearance to mineral
soil shall be provided between burn piles and any
vegetation or other combustible material, including but
not limited to grass, weeds, trees, shrubs, and wood
piles .
Ser 5-7 , 04 , Orders of the Fire Chief
Due to hazardous weather conditions or threat to public
safety, backyard controlled open burning may be
cancelled or regulations may be temporarily revised at
any time by the Fire Chief or his authorized
representative. Failure to follow the lawful orders of
the Fire Chief, or a delegate thereof, is a violation of
this section.
Sec . 5-7 . 05 . Violation - penalty.
Any person who violates any provision of this chapter or
fails to comply therewith, or violates or fails to
comply with any order or regulation made thereunder,
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as set forth in Title I,
ORDINANCE 213
PAGE 3
Chapter 3 of this code . Each separate day, or any
portion thereof, during which any violation of this
chapter occurs or continues shall constitute a separate
offense and upon conviction thereof, shall be punishable
as herein provided.
Section 2 . Effective date.
This ordinance shall go into effect and be in full force and
operation from and after thirty (30) days after its final passage
and adoption.
Section 3 . Publication.
This ordinance shall be published in full one (1) time in the
Atascadero News at least three (3) days prior to its final
adoption.
On motion by Councilwoman Borgeson and seconded by Councilman
Shiers the foregoing ordinance is approved by the following roll
call vote :
Ayes : Councilmembers Dexter, Shiers, Nimmo, Borgeson
and Mayor Lilley
Noes : None
Absent : None
Date adopted: January 8, 1991
BY: -/
ROBERT B. LILLEY, Ma
City of Atascadero, Oalifornia
ATTEST:
LEE bAYKA, City Clerk
Approved as to form:
ART R O ANDOIN
Ci y Attor
Prepared by:
AIZ,4 A A
M CHAE H-111*"S. Fire Chief
CERTIFICATION
I, LEE DAYRA, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 21 adopted by the Atascadero City Council at a
regular meeting thereof held on February 26, 1991 and that it has
been duly published pursuant to State Law.
DATED: March 11, 1991
LEE DAYRA
City Clerk
City of Atascadero, California