Calaveras County Municipal Code Ch. 8.08 Hazardous Fire Areas

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For statutory provisions authorizing county ordinances on fire prevention, see Pub. Res. Code § 4117; for provisions on hazardous fire areas, see Pub. Res. Code § 4251 et seq.

The unrestricted use of grass, grain, brush or forest-covered land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. It is, therefore, the intent of this chapter to provide some of the necessary safeguards to prevent the occurrence of fires which might be caused by recreational, residential, commercial, industrial or other activities conducted in any hazardous fire area.

(Ord. 886 § 1, 1977).

A. "Hazardous fire area" means any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated, or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion.

B. Hazardous fire areas shall be designated on a map by the county fire warden, cooperatively with the State Department of Forestry and the U. S. Forest Service. This map shall be maintained in the office of the county fire warden.

(Ord. 886 § 2, 1977).

Permits required by this chapter shall stipulate those conditions deemed necessary to prevent the escape of fire. In the interest of public safety, permits may be refused until such stipulations are met.

(Ord. 886 § 3, 1977).

A. The county fire warden shall officially determine and publicly announce when any hazardous fire area shall be closed to entry and when such area shall again be opened to entry. No person, other than those expressly exempted by this chapter, shall go on or be upon any hazardous fire area, except public roadways, inhabited areas or privately owned roads, developed recreational areas and designated camp sites which have not been closed during such time when the hazardous fire area is closed to entry.

B. It is not the intention of this section to prohibit residents or owners of private property within any hazardous fire area, or their invitees or guests, from going or being upon their lands, and such persons are to such extent excepted from the provisions of this section. This section does not apply to any entry, in the course of duty, by any peace or police officer, member of any fire department, member of the United States Forest Service or the California Department of Forestry.

(Ord. 886 § 4, 1977).

A. Whenever the county fire warden determines that any specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, he shall declare such area closed until changed conditions warrant termination of closure. The county fire warden shall order any such area posted, as provided by this section.

B. Signs prohibiting entry by unauthorized persons, and referring to the ordinance codified in this chapter, shall be placed on each area ordered posted by the county fire warden, pursuant to subsection A of this section.

C. No person shall enter or remain within any area closed and posted by the county fire warden pursuant to subsections A and B of this section; provided that the following persons shall be exempted from the provisions of this section: owners or occupiers of private or public property within closed and posted areas; their guests or invitees; local, state or federal public officers or their authorized agents acting in the course of duty.

(Ord. 886 § 5, 1977).

No person shall light, ignite, or otherwise set fire to or smoke any tobacco, cigarette, pipe or cigar in any hazardous fire area; provided, however, that nothing in this section shall apply to any place of habitation, developed recreational area, designated campground, in a motor vehicle or in an area cleared at least three feet in diameter to mineral soil.

(Ord. 886 § 6, 1977).

No person shall operate or use any device, machine or process, such as a welding torch, tar pot, decorative torch, or any other device liable to start or cause fire, in or upon any hazardous fire area, except by the authority of a written permit from the county fire warden, the State Department of Forestry or the U. S. Forest Service; provided, however, that no permit will be required if such use is within inhabited premises, developed recreational areas or designated camp sites, and if such uses are a minimum of fifteen feet from any grass, grain, brush or forest covered areas.

(Ord. 886 § 7, 1977).

A. No person shall build, ignite or maintain any outdoor fire of any kind or character, or for any purpose whatsoever, in or upon any hazardous fire area, except by the authority of a written permit from the county fire warden, the State Department of Forestry or the U.S. Forest Service.

B. No permit will be required for outdoor fires within habited premises, developed recreational areas or designated camp sites where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill and are a minimum of fifteen feet from any grass, grain, brush or forest covered area. Such a permit shall incorporate such terms and conditions which will reasonably safeguard public safety and property.

C. Regardless of permit, however, no person shall build, ignite, or maintain any outdoor fire in or upon any hazardous fire area, under the following conditions:

1. When there is no person aged seventeen or over present at all times to watch and capable of tending such fire; or

2. At such times as public announcement is made that there shall be no open burning.

D. No person shall use any permanent barbecue, portable barbecue, outdoor fireplace or grill for the disposal of rubbish, trash or combustible waste material.

(Ord. 1045 § 25, 1978; Ord. 886 § 8, 1977).

No person shall place, deposit or dump any ashes or coals in or upon any hazardous fire area except:

A. In the hearth of an established fire pit, camp stove or fireplace; or

B. In a noncombustible container with a tight-fitting lid which is kept or maintained in a safe location, not less than ten feet from any combustible vegetation or structure; or

C. Where such ashes or coals are buried and covered with six inches of mineral earth not less than twenty-five feet from any combustible vegetation or structure.

(Ord. 886 § 9, 1977).

No person, except public officers acting within the scope of their duties, shall travel upon, or drive or park any motorcycle, motor scooter or motor vehicle upon, any fire road, firebreak or fuelbreak beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owner or owners involved. No person shall park any vehicle so as to obstruct the entrance to any fire road, firebreak or fuelbreak.

(Ord. 886 § 10, 1977).

No person shall operate any motorcycle, motor scooter or motor vehicle, except upon clearly established public or private roads, within any hazardous fire area unless written permission from the property owner is first obtained.

(Ord. 886 § 11, 1977).

Any person who violates any of the provisions of Sections 8.08.040 through 8.08.110 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 886 § 12, 1977).