HomeMy WebLinkAbout1243 - Rules Governing Outdoor Burning ORDINANCE NO. 1243
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 5602
AND 5503.A IN CHAPTER 6 OF DIVISION 6 OF THE UKIAH CITY CODE, REPLACING
CALIFORNIA FIRE CODE SECTION 1102.3 WITH LOCALLY ADOPTED RULES GOVERNING
OUTDOOR BURNING.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. Ukiah City Code Section 5501 prohibits outdoor burning in the City, except as specifically
allowed by Section 5503.
2. Among the exceptions in Section 5503 to this prohibition, Subsection A lists: "fires used only
for cooking of food for human beings or for recreational purposes."
3. No provision of the Ukiah City Code specifically prohibits constructing a fire to cook food on
private property without the permission of the property owner or other person in lawful
possession of the property.
4. The only state laws specifically addressing the construction of fires on private property without
the permission of the owner either expressly do not apply in cities (Public Resources Code
section 4415 making the prohibition in PRC §4421 on constructing a fire on private property
without the owner's permission inapplicable in cities) or only apply to large tracts of land
posted with no trespassing signs (Penal Code Section 602(J).
5. Amendment of Ukiah City Code Section 5502, which sets forth the definitions for outdoor
burning regulations, and 5503.A is necessary to fill this regulatory gap to more effectively
restrict outdoor burning and reduce the risk of uncontrolled fires in the City.
SECTION TWO.
Ukiah City Code Section 5502 is hereby amended to read as follows:
§5502 DEFINITIONS
A. "Open Outdoor Fire" as used in this Chapter, means the outdoor combustion of any type of
combustible material in other than an approved incinerator. "Open Outdoor Fire' does not include
portable lanterns designed to emit light resulting from a combustion process.
B. "Approved Incinerator' as used in this Chapter means a device which when used to consume
material by combustion will completely enclose said material and control combustion so that the
smoke and gases given off conform to the standards for emissions as set by the State of California
Air Resources Board.
C. "Campfire" as used in this Chapter means a fire which is used for cooking, personal warmth,
lighting, ceremonial, or aesthetic purposes, including fires contained within outdoor fireplaces and
enclosed stoves with flues or chimneys, stoves using jellied, liquid, solid, or gaseous fuels, portable
barbecue pits and braziers, or space heating devices which are used outside any structure, mobile
home, or living accommodation mounted on a motor vehicle.
SECTION THREE.
Ukiah City Code Section 5503 is hereby amended to read as follows (unchanged text is omitted and
is shown by
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§6503 EXCEPTIONS
The following tires are excepted from the provisions of this Chapter:
A. Campfires, provided, however, that a person shall not set fire or cause fire to be set for any
purpose on land in which the person does not have a right of possession as an owner or lessee,
including both public and privately- owned land, without the prior permission of the owner, lessee,
or the lawfully designated agent of the owner or lessee. The burden of proof is on the person setting
the fire to establish the application of this exception.
SECTION FOUR.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and
again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
3. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the
remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
4. CEQA Exemption: The introduction and adoption of this ordinance is exempt from environmental
review under the California Environmental Quality Act pursuant to Section 1506(b)(3) of the CEQA
Guidelines as a project where it can be seen with certai ty that there is no possibility that the activity
in question may have a significant effect on the environent.
Introduced by title only on August 7, 2024, by the following roll call vote:
AYES: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on August 21, 2024, by the following roll call vote.-
AYES: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAIN: None
Jo efina uenas, Mayor
ATTEST:
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Kiistine Lawler, CMC/City Clerk
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