Atascadero Municipal Code Ch. 7 Open / Hazard Abatement Burning

Note: Prior ordinance history: Ord. 213.

(a) 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.

(b) 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. 378 § 5, 2001)

(a) The City of Atascadero's open / hazard abatement burning will be limited to the following:

(b) To reduce health hazards from the resultant smoke from controlled burning, the following restrictions shall apply:

(1) 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;

(2) Material to be burned shall be free of household rubbish, lumber, rubber, plastics, tar, paint, creosote, hydrocarbons or any manmade waste. Shrubbery and tree prunings shall be dry and reasonably free of dirt and surface moisture. A minimum of three weeks from the time of cutting will be required for drying;

(3) Burning of grass, weeds or piled leaves shall not be allowed at any time;

(4) No burning will be allowed if measurable rain has fallen within the previous five days;

(5) 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 nonpermissive burn day.

(Ord. 378 § 5, 2001)

(a) The instruction of public employees in the methods of fighting fires.

(b) Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning. Permit required.

(c) Property used for industrial purposes for the purpose of instruction of employees in methods of fighting fire.

(d) Fires authorized for agricultural burning for disposal of agricultural waste, as defined in Rule 105, Subsection A.3, and pursuant to Rule 502.

(e) Fires permitted when related to the use of farm equipment in agricultural operations. Permit required.

(f) 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.

(g) 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.

(h) Any fire if it can be demonstrated that nothing but carbon dioxide, nitrogen dioxide or water vapor is emitted under all operating conditions.

(i) Use of backfires to save life or valuable property pursuant to the Public Resources Code, Section 4426.

(j) The abatement of fires pursuant to Chapter 2, (commencing with Section 13055) of Part 1 of Division 12 of the Health and Safety Code.

(k) Burning of standing grass or brush. Permit required.

(Ord. 378 § 5, 2001)

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 nine a.m. to four p.m.;

(b) Piles of shrubbery and tree prunings shall be no larger than four feet high and six feet in diameter. A maximum of five 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 50 feet from the property line of neighboring residences and a minimum of 30 feet from any structure, including wooden fences, on the same property;

(f) At least 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. 378 § 5, 2001)

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 authorized representative. Failure to follow the lawful orders of the Fire Chief or a delegate thereof is a violation of this section.

(Ord. 378 § 5, 2001)

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. 378 § 5, 2001)