Lassen County Municipal Code Ch. 9.17 Regulations for Outdoor Burning

This chapter is enacted to ensure consistent regulations for outdoor burning in all unincorporated areas of Lassen County classified pursuant to Section 4125 of the Public Resource Code as local responsibility area.

(Ord. 2024-12, 10/22/2024)

Burning under permit by a person on public or private lands, except within incorporated cities, may be suspended, restricted, or otherwise prohibited by proclamation. The Lassen County fire warden may issue a proclamation, which shall be applicable within their respective jurisdictions:

The county fire warden, except within incorporated cities, may suspend, restrict, or otherwise prohibit by proclamation outdoor burning when, in the judgment of the issuing public official, the menace of destruction by fire to life, improved property, or natural resources is, or is forecast to become, extreme due to critical fire weather, fire suppression forces being heavily committed to control fires already burning, acute dryness of the vegetation, or other factors that may cause the rapid spread of fire. A proclamation is effective on issuance or at a time specified therein and shall remain in effect until a proclamation removing the suspension, restriction, or prohibition is issued. The proclamation may be effective for a single day or longer. The proclamation shall declare the conditions that necessitate its issuance, designate the geographic area to which it applies, require that all or specified burning under permit be suspended, restricted, or prohibited until the conditions necessitating the proclamation abate, and identify the public official issuing the proclamation. The proclamation may be in the form of a verbal or audio recorded telephone message, a press release, or a posted order.

(Ord. 2024-12, 10/22/2024)

(a) When permits are required, no person shall, within that portion of the county classified pursuant to Section 4125 of the Public Resources Code as local responsibility area, burn, or cause to burn any waste, trash, dry grass or other inflammable material out-of-doors unless a permit has first been issued therefor by the county fire warden or his duly authorized agent, which may include the California Department of Forestry and Fire Protection. Any violation of the terms of the permit shall make the permit null and void.

(b) When permits are suspended, no person shall, within that portion of the county classified pursuant to Section 4125 of the Public Resource Code as local responsibility area, burn, or cause to burned, any waste, trash, dry grass or other inflammable material out-of-doors.

(Ord. 2024-12, 10/22/2024)

Violation of this chapter constitutes an infraction. Nothing in this chapter is intended to supplant or supersede local, state or federal regulations related to illegal or unauthorized burning.

Pursuant to Government Code Section 25132 contained herein:

(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the state of California, or redressed by civil action.

(b) Every violation that is an infraction is punishable by the following:

(1) A fine not exceeding one hundred dollars for a first violation

(2) A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year of the first violation.

(3) A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year of the first violation.

(Ord. 2024-12, 10/22/2024)