Chapter 8.44
CONTROLLED DEBRIS BURNING
Sections:
8.44.020 Allowable burning within city limits.
8.44.030 Burning times and restrictions.
8.44.040 Burning requirements.
8.44.050 Obtaining a burning permit.
8.44.060 Escape control burns.
8.44.070 Violation of this chapter.
8.44.010 Definitions.
A. "Agricultural products" are considered to be any weeds, brush, tree limbs, dead shrubs or other vegetative products grown on the property site.
B. "Fire chief" means the city fire chief or any authorized representative.
C. "Fire marshal" means the city fire marshal or his assistant.
D. "Burn hours" are the hours of the day that open burning is permitted, as determined by the state and the Air Quality Management District.
E. "The state" for this chapter will mean the California Department of Forestry and Fire Protection (CAL FIRE).
F. "Green waste" means any organic material such as grass, leaves, bushes, or trees. (Ord. 452 (part), 2012)
8.44.020 Allowable burning within city limits.
A. Only native vegetation grown upon the property where the permit is issued will be allowed to be burned.
B. Trash, garbage and construction material are prohibited.
C. The intent of this chapter is to allow property owner and/or permit holder to incinerate green waste on the property during times of permitted burning.
D. The city encourages the use of controlled debris burning. Burning permits are issued for educational purposes and will not be unreasonably withheld from a resident. (Ord. 452 (part), 2012)
8.44.030 Burning times and restrictions.
A. Unless otherwise determined, the city will follow the burning hours adopted by the state.
B. During months not designated as "fire season," open burning will generally be allowed without time restrictions. During months designated as "fire season," open burning hours generally will be from seven p.m. to eight a.m. and may be modified due to local weather conditions either present or predicted.
C. Open burning in general may be restricted or cancelled altogether by order of the fire chief in conjunction with the state due to weather or fire conditions either present or predicted.
D. The burning season (months) will be set by the fire chief and the fire marshal in conjunction with the state. (Ord. 452 (part), 2012)
8.44.040 Burning requirements.
A. The day must be an approved burn day according to both the state and AQMD (Air Quality Management District). This is determined by calling the phone numbers included on the burning permit.
B. The burn pile may not exceed four feet in diameter and four feet in height; it also must have a minimum of ten feet of clearance around the pile from any combustible materials, including overhanging tree branches. Property owners and/or permit holders that have a parcel larger than five acres in size are also required to obtain a permit from Calaveras County air pollution control department. Property owners and/or permit holders with parcels of any size can submit a request for an increase in burn pile size. The request shall be investigated by the fire marshal to determine safety and need for additional pile size. The fire marshal’s decision shall be posted on the burn permit either granting or denying the request and any special circumstances that may exist.
C. An adult must be present during burning and have immediately available a method for applying water and a shovel at all times that the pile is burning.
D. Burn piles must be extinguished if the fire department determines that smoke is a nuisance or health hazard for neighboring properties.
E. The use of burn barrels for the purpose of burning garbage, green waste debris, construction material, and any other form of household debris will not be permitted. (Ord. 452 (part), 2012)
8.44.050 Obtaining a burning permit.
A. At the end of fire season the city shall publish, in a newspaper of general circulation, a burning permit for citizens of Angels Camp setting forth rules and regulations for open fires consistent with the city ordinance.
B. During fire season, prior to any open burning, the applicant must obtain a city burning permit. Permit for burning is designed to and advises the permit holder of the rules, regulations, and dangers associated with burning and provides guidance on how to achieve a successful burn operation. Permits will be issued at no cost to property owners and/or permit holders in the city.
1. The permit may be issued by any member of the city staff authorized by the fire marshal.
2. The hours of issuance will be Monday through Friday from eight a.m. until four p.m. at City Hall or Fire Station No. 1 and from nine a.m. until four p.m. on the weekends at Fire Station No. 1.
3. Permits will be issued at the main fire station located at 1404 Vallecito Road, Angels Camp, CA and at City of Angels City Hall located at 584 South Main Street, Angels Camp, CA.
4. Persons responsible for burn operations must have in their possession a valid burn permit.
5. City burn permits will be valid for a period of five years from the date of issuance. (Ord. 452 (part), 2012)
8.44.060 Escape control burns.
A. Any control burn that escapes the control of the owner shall be reported to the fire department immediately.
B. The property owner and/or permit holder shall be held responsible for any fees, penalties, and damages incurred for control burns that escape the property of origin.
C. Open burning without a permit, burning illegal materials, burning out of hours, or any other violations of this chapter are subject to fines and penalties established by the city council of the city of Angels and/or the state of California. (Ord. 452 (part), 2012)
8.44.070 Violation of this chapter.
A. Any person or persons found to be in violation of any part of this chapter are guilty of an infraction and shall have their burning permit revoked and lose the privilege to burn debris. They may also be subject to a citation/fine issued by the city of Angels. These subsequent offenses may be considered a misdemeanor instead of an infraction, and submitted to the county district attorney for prosecution.
B. In addition to a citation/fine, persons in violation of this chapter may also be subject to civil suit for any debris burns that escape control and cause damage, injury, or loss of life.
C. Property owners and/or permit holders shall be held responsible for safe and effective debris burning, and shall hold harmless the city of Angels, its fire department, and its staff from any damages, injuries, or loss of life as a result of debris burning.
D. Persons in violation of debris burning offenses may not only be limited to this chapter. They may also be prosecuted for any violations of the state, county or federal law.
E. For a period of one year after this chapter is adopted by the city of Angels, fines and citation fees will be suspended as part of an educational "grace period." During the grace period, the person(s) in violation of this chapter will still be held accountable for safe and effective burning and can be issued a citation, be subject to civil suit, or prosecuted by the county or the state. (Ord. 514 §3 (Att. G), 2021; Ord. 452 (part), 2012)
8.44.080 Appeals.
The property owner and/or permit holder may appeal the decision of the enforcement officer to issue a citation/fine by sending a written appeal to the enforcement officer requesting a hearing with the fire chief within ten days of the notice. The property owner and/or permit holder must send their written appeal and one-hundred-fifty-dollar deposit to City of Angels City Hall at P.O. Box 667, Angels Camp, CA 95222. If the appeal is found to be in favor of the property owner and/or permit holder the deposit will be returned to the property owner and/or permit holder, within two weeks after the decision is made. If the appeal is found in favor of the city, the deposit will be kept by the city to cover the costs of the appeals process. (Ord. 452 (part), 2012)
8.44.090 Hearing procedure.
A. The fire chief shall only consider evidence that is relevant to whether all or a portion of this chapter was violated.
B. The property owner and/or permit holder contesting the citation shall be given the opportunity to testify and present witnesses and evidence.
C. The failure of any recipient of a citation to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of fines, and failure to exhaust administrative remedies.
D. The citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
E. If the enforcement officer submits additional written information concerning the citation for consideration of the appeal hearing, a copy of the written information shall be served by mail on the person requesting the hearing at least five days prior to the date of the hearing.
F. At least five days prior to the appeal hearing, the recipient of a citation shall be provided a copy of the documents relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.
G. A hearing before the fire chief shall be set for a date that is not less than ten days and not more than twenty days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least five days prior to the date of the hearing. (Ord. 452 (part), 2012)
8.44.100 Decision on appeal.
A. After considering all the testimony and evidence submitted at the appeal hearing the fire chief shall issue a written decision within seventy-two hours of the hearing upholding or denying the citation and shall list within the decision the reasons for that decision. The fire chief may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this chapter.
B. The decision of the fire chief shall be final and shall be served by mail on the property owner within forty-eight hours. (Ord. 452 (part), 2012)