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HomeMy WebLinkAboutOrdinance 378 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 378 adopted by the Atascadero City Council at a regular meeting thereof held on January 9, 2001, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 7 TO TITLE 5 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE BACKYARD BURNING The City Council of the City of Atascadero, California, does ordain as follows: CHAPTER 7 Section 5. OPEN/HAZARD ABATEMENT BURNING 5-7.01 Purpose. Controlled open burning of natural waste from shrubbery and trees grown on property is necessary within the City to reduce the amount of available fuel which can be burned 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. (Ord. 213 § 1 (part), 1991) 5-7.02 Burning limitations. The City of Atascadero's Open/Hazard Abatement Burning will be limited to the following: 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 that are of the size and quantity that cannot be practically disposed of through the city's green waste collection program, cannot be disposed of by any other means, and are considered a fire hazard. (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 City of Atascadero Ordinance No.378 Page 2 reasonably free of dirt and surface moisture. A minimum of three (3) weeks from the time of cutting will be required for drying. (c) Burning of grass, weeds or piled leaves shall not be allowed at any time. (d) No burning will be allowed if measurable rain has fallen within the previous five (5) days. (e) Burning may take place on permissive burn days as established by the California Air Resources Board and the San Luis Obispo County Air Pollution Control District, and or the Atascadero Fire Chief. The City of Atascadero Fire Department shall maintain a telephone line to disseminate this information on a daily basis. No persons shall conduct a controlled open burning operation on a non-permissive burn day. (Ord. 213 § 1 (part), 1991) 5-7.03 Exceptions. 1) The instruction of public employees in the methods of fighting fires. 2) Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning. Permit Required. 3) Property used for industrial purposes for the purpose of instruction of employees in methods of fighting fire. 4) Fires authorized for agricultural burning for disposal of agricultural waste, as defined in Rule 105, Subsection A.3, and pursuant to Rule 502. 5) Fires permitted when related to the use of farm equipment in agricultural operations. Permit Required. 6) Any other fire authorized in writing by the Air Pollution Control Officer for the performance of official duty of any public official, if such permission is given for the purpose of right-of-way clearing by a public entity or utility, levee, reservoir, and ditch maintenance, or the prevention of a fire hazard, which fire is, in the opinion of such official, necessary. Such authorization shall be predicated upon guidelines for meteorological data promulgated by the Air Resources Board of the State of California establishing the conditions of burning. 7) Fires used only for cooking of food for human beings or for recreational purposes. Such fires shall not include the burning of petroleum wastes, tires, tar, tarpaper, rubber or plastics or any other highly polluting materials. City of Atascadero Ordinance No.378 Page 3 8) Any fire if it can be demonstrated that nothing but carbon dioxide, nitrogen dioxide or water vapor is emitted under all operating conditions. 9) Use of backfires to save life or valuable property pursuant to the Public Resources Code, Section 4426. 10) The abatement of fires pursuant to Chapter 2, (commencing with Section 13055) of Part 1 of Division 12 of the Health and Safety Code. 11) Burning of standing grass or brush. Permit required. 5-7.04 Allowable conditions. To reduce the hazard of wildfires or structure fires due to escaped controlled burns, the following restrictions shall apply: (a) Burning may take place only between the hours of 9:00 a.m. to 4:00 p.m. (b) 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. (c) Accelerants (e.g., flammable liquids) shall not be used to start fires in burn piles. (d) A responsible adult shall tend burn piles at all times and a functioning water hose capable of extinguishing the fire(s) shall be available at all times. (e) 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. (f) 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. (Ord. 213 § 1 (part), 1991) 5-7.05 Orders of the Fire Chief. Due to hazardous weather conditions or threat to public safety, open burning requirements may be canceled or temporarily revised at any time by the Fire Chief or his City of Atascadero Ordinance No.378 Page 4 authorized representative. Failure to follow the lawful orders of the Fire Chief, or a delegate thereof, is a violation of this section. (Ord. 213 § 1 (part), 1991) 5-7.06 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 1, 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. (Ord. 213 § 1 (part), 199 1) This ordinance shall be effective on 12:01 a.m. on the 31St day after its final passage. On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide NOES: None ABSTAIN: None ABSENT: None ADOPTED: January 9, 2001 By- J. Michael Arrambide, Mayor Attest: ma-1 VjAe,4 76 wk�— Marcia McClure Torgerson, Cit Clerk Approved as to form: ( �' 7�6v Rff I anley, Cit "Nt'tom/y