Chapter 7.32
BURNING PERMIT AND REGULATIONS

Sections:

7.32.010    Burning permit required--When.

7.32.020    Liability of permit holder.

7.32.030    Adoption of additional regulations permitted.

7.32.035    Campfires.

7.32.040    Fire protection or fire break required.

7.32.050    Enforcement authority.

7.32.060    Violation--Penalty.

7.32.010 Burning permit required--When.

It is unlawful for any person to set fire to or burn any brush, logs, stumps, fallen timber, fallows, slash or grass, brush, or forest covered land or any other inflammable material; and it is unlawful for any person to burn inflammable material in any incinerator, barbeque pit or outdoor cooking stove or other such device within any portion of the unincorporated area of the county between May 1st and the date the director of the department of forestry declares, by proclamation, that the hazardous fire conditions have abated for that year, or at any other time during any year when the director of the department of forestry has declared, by proclamation, that unusual fire hazard conditions exist in the area, unless such person first obtains a written permit to do so from the constituted fire control authority within the area wherein the fire is to be set, which permit shall be issued in writing and shall state the times at which and the terms and conditions subject to which said fire shall be permitted or said burning shall be done.  (Ord. 1049 §2, 1985).

7.32.020 Liability of permit holder.

Any person who obtains a permit mentioned in Section 7.32.010 shall be authorized to set fire to or burn any material mentioned therein in accordance with the terms, provisions and conditions therein contained, and not otherwise; and it is unlawful for any such person to violate any of the terms, provisions or conditions of such permit.  Regardless of said permit, any person burning any material or setting any fire shall observe all reasonable and proper care and precaution in so doing, and nothing contained in said permit shall relieve or exonerate any such person from civil liability for violation of any legal duty imposed upon him or for liability by reason of any violation of law.  (Ord. 279 §3, 1955).

7.32.030 Adoption of additional regulations permitted.

Nothing contained in this chapter shall be construed as preventing any duly organized fire protection district of the county from adopting any ordinance regulating burning containing additional or more restrictive regulations.  (Ord. 279 §4, 1955).

7.32.035 Campfires.

A.    At such times during the year when burning is allowed by burning permit, it shall be unlawful for any person to light, maintain or use a campfire upon or near any brush-covered land, grass-covered land or forest-covered land unless the following minimum requirements are complied with:

1.    The area within five feet of the periphery of the campfire is cleared of all flammable material and vegetation; and

2.    Maintain one serviceable round point shovel with a handle at least twelve inches long ready for use at the immediate area of the campfire.

B.    It is unlawful for any person to light, maintain or use a campfire upon or near any brush-covered land, grass-covered land or forest-covered land during the time when burning permits are suspended by the director of the department of forestry.  (Ord. 1049 §3, 1985).

7.32.040 Fire protection or fire break required.

Every person owning, leasing, controlling or operating any cabin, house, hotel, apiary, or other building or structure in the county, and every person leasing or controlling any such land shall at all times do all the following:  maintain upon said land, around or adjacent to said cabin, house, hotel, apiary or other building or structure for a distance of not less than fifteen feet from the exterior walls or surfaces thereof; or to his or its property line, whichever is the lesser distance; provided, however, that this section shall not apply to trees, except where dead, or where the foliage of said trees shall be within ten feet of a chimney, nor shall it apply to evergreen vegetation where growing and preserved for decorative effect.  (Ord. 1049 §5, 1984).

7.32.050 Enforcement authority.

The director of the department of forestry and all his agents, duly authorized by the laws of the state of California, all United States Forest Service Officers, and officers of legally constituted fire protection districts are designated as and given the power of peace officers for the purpose of enforcing the provisions of this chapter.  (Ord. 1049 §7, 1985).

7.32.060 Violation--Penalty.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment for a period not to exceed six months, or by both said fine and imprisonment.  (Ord. 279 §7, 1955).