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ORDINANCE N0. 607
ORDINANCE OF THE CITY OF UKIAH AMENDING
CHAPTER 3 OF DIVISION 6 OF THE UKIAH CITY
CODE AND FURTHER PROHIBITING OPEN OUTDOOR
FIRES BY ADDING CHAPTER 8 TO DIVISION 6
OF THE UKIAH CITY CODE
The City Council of the City of Ukiah does ORDAIN as follows:
SECTION 1. Section 5200 of the Ukiah City Code is amended in the following
manner:
Section 5200: Strike therefrom the reference made to the 1965 Edition of
the Fire Prevention Code and place therein the term 1970 Edition; further,
references made to the 1965 Edition of the Fire Prevention Code in Sections
5201, 5206 and 5209 of the Ukiah City Code are repealed and replaced with
references to the 1970 Edition of the Fire Prevention Code.
SECTION 2. Section 28.1 of the Fire Prevention Gode, 1970 Edition, adopted by
reference by Section 5200 of the Ukiah City Code is hereby deleted therefrom,
and Chapter 8 is hereby added to Division 6 of the Ukiah City Code and is
titled, "Outdoor Burning".
SECTION 3. Section 5500 is added to Chapter 8, Division 6, of the Ukiah City Code
and reads as follows:
Section 5500: Repealer: Section 28.1 of the Fire Prevention Code, 1970 Edition,
is repealed and the regulations of this chapter include the subject
matter of that section.
SECTION 4. Section 5501 is added to Chapter 8, Division 6, of the Ukiah City Code
and reads as follows:
Section 5501: Burning prohibited: No person, firm , corporation, association,
or public agency shall ignite, cause to be ignited, permit to be ignited, or
suffer, allow, or maintain any open outdoor fire within the corporate limits
of the City of Ukiah, unless excepted by the provisions of this chapter.
SECTION 5. Section 5502 is added to Chapter 8, Division 6, Of the Ukiah City Code
and reads as follows:
Section 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.
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. '
SECTION 6. Section 5503 is added to Chapter 8, Division 6, of the Ukiah City Code
and reads as follows:
Section 5503 - Exceptions:
The following fires are excepted from the provisions of this chapter:
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a Fires used only for cooking of food for human beings or for recreational
purposes.
b Any fire set or permitted by any public officer, in the performance of
his official duty, if such fire is set or permission given for the
purpose of weed abatement, the prevention of a fire hazard, including the
disposal of dahgerbus materials where there is no safe alternate method
of disposal, or in the instruction of public employees in the methods of
fighting fires, which fire is, in the opinion of such official, necessary.
c Fire set for the purpose of instruction of industrial employees in the
methods of fighting fires, provided prior permission has been granted
by the Chief of the Fire Department of the City of Ukiah.
d An agricultural fire set by, or permitted by, a County Agricultural
Commissioner of the County of Mendocino, if such fire is set or permission
given in the performance of the official duty of such County Agricultural
Commissioner for the purpose of disease and pest prevention .
e Fires set or permitted by the Chief of the Fire Department of the City of
Ukiah, or his authorized representative, and necessary to maintain and
continue the growing of deciduous fruit and nut trees as a gainful occu-
pation, for the purpose of disposal of periodic prunings and attrition losses
from deciduous fruit and nut trees, during a period beginning December 1 and
ending April 30 under all conditions (a) through (d) of this subsection.
(a) All burning shall be done between the hours of sunrise and noon.
(b) The moisture content of material burned shall be such that a mini-
mum amount of smoke is generated.
(c) Wind direction at the site shall be such that the direction of
smoke will be away from populated areas to minimize local nuisance
caused by smoke and particulate fallout.
(d) Relative humidity must exceed 30% at time of burning.
f Any fire, if it can be demonstrated that nothing but carbon dioxide,
nitrogen dioxide, or water vapor is emitted, in amounts permitted by State of
California Air Resources Board Standards under all operating conditions.
Nothing in this chapter is intended to permit any practice which is a violation
of any statute, ordinance, rule or regulation, including rules and regulations
adopted by any district formed for the purpose of controlling air pollution and
whose territory includes the City of Ukiah.
SECTION 7. Section 5504 is added to Chapter 8, Division 6, of the Ukiah City Code
and reads as follows:
Section 5504 - Enforcement:
It shall be the duty of the Chief of the Fire Department of the City of Ukiah,
of the regularly employed members of such department assigned by the Fire Chief,
and of the City Health Officer to enforce the provisions of this chapter.
Further, said Fire Chief and City Health Officer shall be the authority for
determining whether or not incinerators are of an approved type as previously
defined.
'- SECTION 8. Section 5505 is added to Chapter 8, Division 6, of the Ukiah City Code and
reads as follows:
Section 5505 - Penalty for violation:
Any person, firm or corporation, whether as principal, agent, employee or
otherwise, violating or causing the violation of any of the provisions of
this chapter, shall be guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not more than Three Hundred ($300.00)
Dollars or by imprisonment in the City Sail of the City of Ukiah for a term
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not exceeding ninety (90) days, or by both such fine and imprisonment.
SECTION 9. Section 5506 is added to Chapter 8, Division 6, of the Ukiah City Code
and reads as follows:
Section 5506 - Severability:
If any section, subsection, paragraph, clause or phrase of this chapter is
for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decisions shall not effect the
validity of the remaining portion of this chapter as such other portions shall
be deemed separate, distinct, and independent provisions.
SECTION 10. Operative Date:
This ordinance shall become operative and enforcable on and after Janu-
ary 1, 1971.
SECTION 11. Publication:
The Clerk is directed to cause this ordinance to be published as provided by
law in the Ukiah Daily Journal, a newspaper of general circulation,
published and printed in the City of Ukiah.
PASSED AND ADOPTED this 2nd
vote:
day of December 1970, by the following
AYES: Councilmen Scotto, Simpson, Henderson, and Mayor Norgard.
NOES: None
ABSENT: Councilman Buxton
ATTEST:
s/Hattie M. Tillotson
City Clerk
s/Sterling Norgard
Mayor
C E R T I F I CAT I O N
I, Hattie M. Tillotson, City Clerk of the City of Ukiah and ex officio
Clerk of the City Council, do hereby certify the foregoing to be a true copy
of Ordinance No. 607 adopted by the said City Council at a regular meeting
thereof on the 2nd day of December , 1970.
City Clerk of the City of Ukiah, __
California