Fresno County Municipal Code Ch. 8.32 Combustible Substances and Smoking Restrictions

A. "District," as used in this chapter, means a fire protection district created pursuant to Part 2.7 of Division 12 of the Health and Safety Code of the state.

B. "Inflammable waste material," as used in this chapter, includes dry grass, weeds, stubble, brush, wood, paper and other combustible substances, but excludes vegetation on grain, grazing and forest land.

C. "Legally authorized fire official," as used in this chapter, includes the district fire chiefs, California Division of Forestry officers and United States Forest Service and National Park Service Officers.

(Ord. 05-001, § 1; Ord. 93-030, § 1, 1993; Ord. 0-83-010, § 1; prior code, § 475)

It is unlawful for any owner of record or person in possession or control of any real property in the unincorporated area of the county, upon which there exists any inflammable waste material as defined in Section 8.32.010 which constitutes a fire hazard to property in immediate proximity thereto, to fail to remove the same therefrom within ten days after notice to do so is given by any peace officer or legally authorized fire official or authorized agent of a district.

(Prior code, § 476)

Whenever a peace officer finds that inflammable waste materials exist in an unincorporated area of the county or the legally authorized fire official or his authorized agents finds that inflammable waste materials exist in an unincorporated area of the county under his jurisdiction or not included in such area but in such proximity thereto as to constitute a fire hazard therein, he shall serve by mail or personal service written notice upon the owner of record or person in possession or control of the property that inflammable waste materials exist on the property and require that such materials be removed. The notice shall give the owner of record or person in possession or control of the property at least five days but not more than ten days in which to remove the inflammable waste materials. The notice may prescribe the manner of abatement. If the notice is served by mail it shall be mailed by registered mail to the last known address of the owner of record or person in possession or control, and a copy of the notice shall be posted in a conspicuous place on the property. Due diligence shall be used to determine the address of such person.

(Prior code, § 477)

A person who fails to comply with the notice served pursuant to the provisions of Sections 8.32.020 and 8.32.030 or otherwise violate any provision thereof is guilty of a misdemeanor. Imposition of a penalty for violation of Section 8.32.020 shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, and each ten days that such violation is permitted to exist constitutes a separate offense.

(Prior code, § 478)

Any person who, within the limits of the county and outside the corporate limits of any incorporated city or town therein, shall wilfully or negligently or carelessly place or permit to be placed or allow to remain on his property or on the property under his control, any paper, paper trays, straw or other inflammable material, in such manner or condition, that the same is likely to be blown or is blown or carried by wind action or other natural causes, over, across or upon the property of another, or upon any public property or public highway is guilty of a misdemeanor.

(Prior code, § 479)

A. It is unlawful for any person to smoke or ignite tobacco or other smoking material in any form upon grain, grass, brush or timber-covered lands belonging to another including such lands publicly owned or upon any road, path or trail traversing such lands between June 1st and October 31st inclusive of any year, except in any of the following circumstances:

1. In improved camp sites

2. In places of human habitation;

3. In automobiles equipped with ash trays while on improved roads and trails;

4. While on foot and stopped in an area at least three feet in diameter which is completely clear of any inflammable matter, provided in all such instances burning or glowing substances shall be completely extinguished before being discarded.

B. This section may be enforced by any peace officer or any state fire warden, deputy state fire warden, United States forest officer or any person empowered to make arrests under the provisions of Sections 4151 and 4156 of the Public Resources Code of the state.

(Prior code, § 480)

Smoking is prohibited as provided in 1994 Assembly Bill 13, California Labor Code Section 6404.5. Any person who violates any provision of 1994 Assembly Bill 13, California Labor Code Section 6404.5 is guilty of an infraction as provided therein.

Smoking is prohibited in 2003 Assembly Bill 846, California Government Code Section 7596, et seq. Any person who violates 2003 Assembly Bill 846, California Government Code Section 7596, et seq., is guilty of an infraction.

(Ord. 05-001, § 2)

Any person who violates any provision of this chapter, except as indicated otherwise specifically herein, is guilty of an infraction.

(Ord. 05-001, § 3; Ord. 0-83-010, § 3; Ord. 571 § 1, 1975)