Guadalupe Municipal Code Ch. 8.20 Open Burning and Fire Hazards

"Person,"

as used in this chapter, means natural person, partnership, association, company, corporation or organization, or the manager, lessee, agent, servant, officer or employee of any of them.

(Ord. 15 §9, 1946)

No person shall permit paper, rags, boxes, waste or combustible rubbish or flammable substances of any character to accumulate in any quantity in any building, yard, street, alley or other place in such a manner or to such an extent as to cause a fire menace, or increase the danger of fire, or to endanger life or property. The accumulation of such rubbish or any such materials is declared to be a nuisance, and it shall be the duty of the Fire Chief, a representative from his or her department, or any police officer, to see that such nuisances are abated immediately after discovery, using summary measures if necessary to effect immediate abatement. If in his or her judgment the fire menace is not immediate, he or she shall give written notice to the occupant or owner of such premises or building, or the person responsible for the condition, to remedy or remove the condition within 48 hours thereafter, and such order must be complied with. Any person responsible failing to comply with such order within the specified time shall be guilty of a misdemeanor.

(Ord. 15 §1, 1946)

A. The Chief of the Fire Department, or any officer or member of the Fire Department designated the Chief, is hereby authorized and empowered to issue any written permit required by this chapter.

B. Any order or notice required to be given by the provisions of this chapter shall be in writing, and signed by the Chief of the Fire Department or other authorized officer or member thereof. Such order or notice shall be personally served upon the owner, tenant or occupant in possession of the property or premises affected thereby. In the event that neither the owner, tenant, occupant or person in charge of the premises can be located thereon, then such order or notice shall be sent by registered mail directed to the owner or tenant, or reputed owner or tenant of such property or premises, at his or her last known post office address.

(Ord. 15 §8, 1946)

The Chief of the Fire Department shall have the right to refuse to issue a fire permit, or to allow the burning of any combustible material in any case where, in his or her opinion, such burning would be dangerous or unsafe.

(Ord. 15 §6, 1946)

No person shall ignite, set fire to or burn in the open air, in any open, exposed or outdoor fire, any rubbish paper, shavings, boxes, brush, weeds, trimmings, grass, litter or other combustible waste materials or substances except between the hours of 7:00 a.m. and 12:00 noon of the same day, and then only after a written permit therefor has been secured from the Chief of the Fire Department. The Fire Chief may issue special permits for burning outside of these hours if, in his or her opinion, the circumstances warrant. If such permit is granted, such burning shall be at all time under competent and continuous supervision, and not within 25 feet of any building or structure. All flammable or combustible materials shall be cleaned away from any hedge, ornamental shrub or tree for such distance as may be necessary to safeguard the same from scorching, igniting or burning, but in no case less than 6 feet therefrom.

(Ord. 15 §2, 1946)

Notwithstanding the provisions of Section 8.20.050 of this chapter, it shall be lawful to set fire to, ignite or burn any combustible materials or substances in any permanent outdoor fireplace, grill or barbecue pit which has been approved in writing as to construction and location by the Chief of the Fire Department, provided that such fire is under competent and continuous supervision and all flammable and combustible material is removed a sufficient distance therefrom so as not to constitute a fire hazard, and further provided that all fires or coals in such fireplaces, grills or pits shall be thoroughly extinguished after the use thereof has been completed.

(Ord. 15 §3, 1946)

A. Incinerators or receptacles for the burning of waste materials, shall be one of the 3 following types:

1. Type I. Those constructed in accordance with the provisions of Section 3716 of the Uniform Building Code, or any amendments thereto, or enactments thereof.

2. Type II. This type shall be constructed of concrete or masonry with a chimney extending at least 2 feet above the fire door, and equipped with a spark arrestor, no opening of which shall be greater than onequarter inch. A permanently installed fire door shall be provided. A clean-out opening shall be provided, and shall be covered by a door or screen, no opening of which shall be greater than one-quarter inch. Type II incinerators shall be placed at least 5 feet away from any building or structure, or combustible material.

3. Type III. Type III incinerators shall be constructed of metal or masonry, and provided with a removable cover. The cover shall have no opening greater than one-half inch, and shall be in place on the receptacle during burning operations. Type III incinerators shall be placed at least 15 feet away from any building or structure, or combustible material.

B. No person shall have or use any incinerator except one of the above approved types.

(Ord. 15 §5, 1946)

No person shall cause or permit any fire in any incinerator to burn, smolder or smoke between the hours of 12:00 noon of any day and 7:00 a.m. of the following day.

(Ord. 15 §5, 1946)

No person shall, at any time or place within the City limits, set fire to, ignite or burn garbage, hair, rags, animal waste matter, or other materials likely to create offensive odors or excessive smoke.

(Ord. 15 §4, 1946)

It is unlawful for any person, except an officer or employee of the City within the line of his or her duty, to set fire to, ignite or burn any combustible material or substance upon any street, alley, sidewalk, park, parkway or public property within the City.

(Ord. 15 §7, 1946)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.

(Ord. 15 §10, 1946; Ord. 86-271 §7)