Chapter 9.32 — FIRE REGULATIONS

For provisions regarding fire prevention, see Chapter 14.36 of this code.

The existence of weeds as defined by Section 14875 of the California Health and Safety Code is hereby declared to be a nuisance of a seasonal and recurring nature when the existence of the weeds causes a violation of the provisions of this chapter.

(Ord. 138-A § l(part), 1975).

A.

It is unlawful 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:

In improved camp sites;

In places of human habitation;

In automobiles equipped with ash trays while on improved roads or trails;

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 Section 4009 and 4011 of the Public Resources Code of the state.

(Ord. 205 § 1, 3, 1950).

It is unlawful for any person to burn any material on the lake bed at Bass Lake below the high water mark. This prohibition does not apply to burning on boats on the water. This prohibition does not apply to a

landowner burning upon the landowner's property, or to a person with express consent of the landowner in conjunction with property maintenance activities.

(Ord. No. 673, § 1, 9-16-14).

The provisions of Section 9.32.015 shall not apply unless the lake is posted with signs at each path, walkway or other lakeshore access point. Said signs shall read as follows:

BURNING PROHIBITED

It is unlawful for any person to burn any material on the lake bed at Bass Lake below the high water mark.

Violation of this Ordinance is a Misdemeanor.

Authority: Madera County Code § 9.32.015.

The required sign or signs shall not be less than one square foot in area with letters not less than two inches in height.

(Ord. No. 673, § 2, 9-16-14).

It is necessary, in order to prevent great and irreparable damage to crops and other property, and for the preservation thereof, and for the preservation of the public peace, health and safety within the county that fire protection and fire breaks be established and maintained in the county.

(Ord. 138 § 1, 1918).

Every person, firm, corporation, copartnership, district, or association of persons whatsoever being in possession of, occupying, owning in whole or in part or having interest in or control of any land within the county outside of an incorporated city or town, upon which there has been sown, or is standing, growing or grown any wheat, oats, barley, hay or vegetation of any kind whatsoever, which, when so sown, standing, growing, grown or being upon said land in any way, has become inflammable, easily ignited or easily burned, shall at all times during the season when the same, or any part thereof is inflammable, easily ignited or easily burned, maintain around the outer boundary or boundaries of said lands, where the same are adjacent to any farming lands having inflammable, easily ignited or easily burned vegetation thereon, or where the said lands are adjacent to any highway through or along farming lands upon which said lands there is any wheat, oats, barley, hay or vegetation of any kind that, or any part of which, has become inflammable, easily ignited or easily burned; an effective fire protection, or fire break of at least three feet in width, when said fire protection or fire break is made by plowing, and at least six feet in width, when said fire protection or fire break is otherwise made. Provided, however, that when said lands are adjacent to a highway, the fire protection or fire break may be made by the removal of all inflammable, easily ignited or easily burned grain, hay, vegetation, matter or substance along or upon the half of the highway next adjacent to said lands.

(Ord. 138 § 2, 1918).

Every person, firm, corporation, copartnership, district or association of persons whatsoever, harvesting grain or causing grain to be harvested by the use and operation of a combined harvester or traction engine within the county shall at all times during the dry season, whether said combined harvester or traction engine is used in the harvesting of grain or otherwise, provide such harvester and such traction engine with at least two suitable up-to-date chemical fire extinguishers for each combined harvester and each traction engine so used. Such fire extinguishers shall be kept in a convenient place upon such combined harvesters and traction engines and shall be fully equipped and ready for immediate use.

(Ord. 138 § 3, 1918).

Every person, firm, corporation, copartnership, district, or association or persons whatsoever operating or causing to be operated any gas tractor or engine in harvesting grain or for any other purpose during the dry season in the county, shall cause a suitable and effective device to be attached to the exhaust on each and every gas tractor or engine for the purpose of arresting burning carbon and sparks and preventing fire from said source.

(Ord. 138 § 4, 1918).

Every person, firm, corporation, co-partnership, district, or association of persons whatsoever, being in possession of, occupying, owning in whole or in part or having any interest in or control of any warehouse, or building used or maintained for the storage of grain, hay, rice, food stuffs or other property of any kind or character for hire or otherwise in the county, outside of any incorporated city or town, shall at all times maintain around the warehouse or building an effective fire protection or fire-break of at least twenty feet in width.

(Ord. 138 § 5, 1918).

Every person, firm, corporation, copartnership, district, or association of persons whatsoever, being in possession of, occupying, owning in whole or in part or having any interest in or control of any building in the county, outside any incorporated city or town, shall maintain an effective fire protection or fire break around said building of at least twenty feet in width.

(Ord. 138 § 6, 1918).

Every person within the county, outside of any incorporated city or town, who throws or causes to be thrown, discards or causes to be discarded, places or causes to be placed any lighted cigar, cigarette, match or any ignited substance or material on or in any highway or in any place where said lighted cigar,

cigarette, match, or any ignited substance or material causes or is possible or likely to cause any weeds, grass, hay, grain, vegetation, material or substance of any kind to ignite therefrom, thereby or by reason thereof, without first extinguishing all the fire of, on, in and from said cigar, cigarette, match, ignited substance and material, is guilty of a misdemeanor.

(Ord. 138 § 7, 1918).

Every person within the county, outside any incorporated city or town, who, while in any grain, hay, stubble or any field where there is then any grain, hay, stubble or other substance or material grown thereon or therein in an inflammable condition, easily ignited or easily burned, or who, while in any building where there is any hay, straw, wool or any inflammable, easily ignited or easily burned substance or material of any kind, lights, ignites or causes to be ignited or lighted any cigar, cigarette, match, pipe, material or substance of any kind, except electric lights in the nighttime for the purpose of seeing, is guilty of a misdemeanor

(Ord. 138 § 8, 1918).

A.

Grills, Barbeques and Other Outdoor Cooking Apparatuses. Grills, barbeques, and other outdoor cooking apparatuses shall not be used beneath any potentially flammable materials including but not limited to trees, umbrellas, decks, or other appurtenant structures. Grills, barbeques, or other outdoor cooking apparatuses shall be located no less than ten feet away from any structure or other flammable material. Where ten feet is infeasible, grills, barbeques, or other outdoor cooking apparatuses shall be located as far from any structure or other flammable material as can be accommodated within the lot, and/or protected by flame-retardant mats as specified by the local fire department. Charcoal grills of any type are strictly prohibited. Guests shall not bring any personal grills, barbeques, or other outdoor cooking apparatuses to the short-term rental: only those grills, barbeques, or other outdoor cooking apparatuses provided with the short-term rental are permitted to be used as installed and in the location installed.

B.

Outdoor Fireplaces. No open wood burning fire pits, bonfires, or campfires are permitted at short-term rentals. Natural gas/propane burning fireplaces and fire pits with twenty-pound or smaller tanks provided by the short-term rental are allowed outside provided the device is at least ten feet from any structure and/or flammable materials. Guests shall not bring any personal fireplaces or firepits, whether wood or natural gas/propane burning, to the short-term rental.

C.

Defensible space. A person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, is responsible for compliance with Public Resources Code

Section 4291 - Defensible Space Regulations. The Public Resources Code is maintained and enforced by the California Department of Forestry and Fire Protection.

(Ord. No. 529C, § 1, 5-13-26)

Editor's note— Ord. No. 529C, § 1, adopted 5-13-26 renumbered the former § 9.32.100 as § 9.32.110 and enacted a new § 9.32.100 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The penalty for violations of this chapter shall be as prescribed in Chapter 1.12 of this code.

(Ord. No. 529C, § 1, 5-13-26; Ord. 378 § 2(part), 1973: Ord. 205 § 2, 1950: Ord. 138 § 9, 1918).

Editor's note— See Editor's Note in § 9.32.100.

Any violation of the provisions of this chapter shall constitute a nuisance. The remedy to abate the nuisance shall be according to Chapter 7.20 of this code, and shall be in addition to any other remedy provided by this chapter or by law.

(Ord. No. 529C, § 1, 5-13-26; Ord. 138-A § 1(part), 1975).

Editor's note— See Editor's Note in § 9.32.100.

Sections 9.32.005 and 9.32.110 are hereby declared and found to be emergency measures and are expressly enacted as emergency measures in accordance with the meaning and intent of Section 3751 of the Elections Code of the state of California for the following reasons:

The health and safety of the residents of the county of Madera are dependent upon rules and regulation governing fire prevention. Therefore, by virtue of the urgency, the ordinance codified in this chapter shall take effect immediately upon its adoption this fifteenth day of July, 1975.

(Ord. No. 529C, § 1, 5-13-26; Ord. 138-A § 1(part), 1975).

Editor's note— See Editor's Note in § 9.32.100.