Chapter 6.15 — RESTRICTIONS ON BARBECUES AND FIRES ON PUBLIC PROPERTY

Sections: 6.15.010 Purpose. 6.15.020 Definitions. 6.15.030 Unauthorized barbecues and fires on public property. 6.15.040 Severability.

6.15.050 Violation -- Misdemeanor.

The purpose of this chapter is to prohibit certain fires and barbecues on public property, including City parks, facilities, streets, sidewalks, median strips, parking strips, and rights-of-way in order to (1) reduce risks of fire, (2) prohibit inappropriate uses of public property, and (3) lessen the public nuisance associated with smoke emissions. (Ord. 6701-NS § 1, 2002)

Whenever any of the words hereinafter defined are used in this chapter, they shall be construed to mean the following:

A. "Barbecue" means the combustion of fuel (such as gas, charcoal, paper or wood) in a fully-contained, appropriate apparatus designed for such use.

B. "City Manager" means the City Manager, or anyone designated by the City Manager.

C. "City Parks" means all parks owned or maintained by the City, including areas designated by the City Manager as "community gardens."

D. "Fire" means the combustion of any material, with the exception of safe burning of material designed to be hand-held with a flame not more than two inches in length (for example, smoking products or candles).

E. "Public Property" means all City parks, buildings, facilities, streets, sidewalks, median strips, parking strips (as defined in Chapter 12.44.040), and rights-of-way (including landscaping on such property). (Ord. 6701-NS § 1, 2002)

A. All barbecues or fires on public property are prohibited, except:

1. Fires or barbecues permitted pursuant to Chapter 13.44 ("Street Events" and "Block Parties", as defined
therein), Chapter 6.020.260.B (prior written approval from the Marina Supervisor), or barbecues at a City
facility pre-approved by the City Manager;

2. Barbecues in a City park; or

3. Fires contained in a pre-existing apparatus designed for fires in a City park that specifically allows fires.

B. This chapter only regulates permissible locations for fires or barbecues on public property, all fires and barbecues must also comply with any other applicable ordinances, resolutions and regulations relating to management of fires.

C. The City Manager may further restrict fires or barbecues in any City park whenever the City Manager determines that such restrictions are necessary, or may promulgate other rules as necessary, for the protection of property or safety. Failure to comply with any applicable postings at City parks that may state further restrictions regarding fires and/or barbecues is a violation of this chapter.

D. The selling, preparing or manufacturing of food or related items pursuant to Chapter 9.48 or Chapter 12.04 is exempt from this chapter. (Ord. 6701-NS § 1, 2002)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason declared unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its sections, subsections, sentences, clauses, or phrases. (Ord. 6701-NS § 1, 2002)

Any person who violates this chapter shall be guilty of a misdemeanor. (Ord. 6701-NS § 1, 2002)