Mendocino County Municipal Code Ch. 9.33 Outdoor Burning

The Board of Supervisors of the County of Mendocino ("County") finds and declares as follows:

(A) Open burning of nonvegetative matter releases into the atmosphere unacceptable levels of pollutants, toxics, and other regulated substances which can include: respirable particulates, carbon monoxide, heavy metals, acids, oxides of nitrogen and sulphur, cyanide, and many organics including PCBs, hydrocarbons, furans, dioxins, and aldehydes. This burning produces ash frequently laden with toxics including heavy metals. The smoke and ash created by such fires exposes County residents to airborne contaminants because of the County's basin topography and frequent inversions. Significant potential for soil and water contamination would result from the inappropriate and illegal disposal of ash from such fires.

(B) Open burning of paper contributes to the County's air pollution problem because papers are being burned which contain a complex collection of chemicals. Additionally, burning of household wastes, construction wastes, commercial operations and other wastes, such as tires and petroleum products, are polluting the County's air.

(C) The County has a duty to assure clean air, and it is in the interest of the health, safety and welfare of all who live, work and do business in the County that air pollution be reduced.

(D) This Chapter is consistent with the legislative intent and findings in the Mulford-Carrell Air Resources Act (Division 26 of the Health and Safety Code, at Section 39001, et seq.)

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)

The Ordinance codified in this Title 9 of the Mendocino County Code Sections 9.33.010 through 9.33.070 shall be referred to as the "County of Mendocino Outdoor Burning Ordinance."

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)

The purpose of this Chapter is to prohibit certain open burning in order to: (1) protect air quality and the ozone layer by reducing the amount of pollutants in the air, (2) protect soil and water quality by reducing the amount of pollutants in the soil and water; and (3) promote and protect the public health, safety and welfare.

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)

For purposes of this Chapter the following words or phrases shall have the meanings set forth herein, unless the context appears otherwise:

(A) "Incinerator" means a device for disposing of combustible material with a cross-sectional area of not less than 7.5 square feet, equipped with a forced-draft or induced-draft fan and with an afterburner or scrubber or other pollution control device. The operator of any incinerator must have available for inspection a current permit from the Mendocino County Air Pollution Control District.

(B) "Fuels" means charcoal, firewood, charcoal starter fluid, and untreated, unpainted sawn lumber.

(C) "Newspaper" means black and white print newspapers without any chemical treatment or colored inks.

(D) "Outdoor fire" means any fire not confined within a building or incinerator. Fires conducted in 55-gallon drums or similar containers are considered outdoor fires.

(E) "Person" or "anyone" means any natural person, firm, corporation, partnership, or other organization or group however organized.

(F) "Vegetative matter" means leaves, brush, prunings, and trees.

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)

(A) No person shall ignite or cause to be ignited or suffer, allow or maintain any outdoor fire in Mendocino County, which fires burn any material except:

(1) Vegetative matter. Agricultural and rural nonagricultural burning of vegetative matter is regulated by Regulation 2 of the North Coast Air Basin, and this Chapter is not an abridgement of that regulation;

(2) Newspaper as necessary to start fires permitted by this Chapter;

(3) Fuels, as defined in Section 9.33.040(D), when burned for the purpose of preparing food or for recreation.

(B) No person shall ignite or cause to be ignited or suffer, or allow or maintain any outdoor fire on a day designated as a non-burn day by the California Air Resources Board or by the Mendocino County Air Pollution Control District, except as described in subsection A of this section.

(Ord. No. 3746 Sec. 1(part), adopted 1990.)

Fires set or permitted by any public officer are exempted when such fire is necessary for any of the following purposes:

(A) The prevention of an imminent fire hazard;

(B) The instruction of public employees in the methods of fighting fires;

(C) The instruction of employees in methods of fighting fire, when such fire is set pursuant to permit, on property used for industrial purposes;

(D) The setting of backfires necessary to save life, or valuable property pursuant to Section 4426 of the Public Resources Code;

(E) The abatement of fire hazards pursuant to Section 13055 of the Health and Safety Code (Any public agency authorized to engage in fire protection activities, including but not limited to a fire protection district, city, city and county, or county fire department, the Department of Forestry, and the United States Forest Service, may use fire to abate a fire hazard.);

(F) Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning; or

(G) Agricultural burning, as defined in Health and Safety Code Section 39011, of vegetative matter, conducted in accordance with Regulation 2 of the Mendocino County Air Pollution Control District.

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)

(A) A violation may be determined by the enforcing officer's visual observation of prohibited fires and/or visual observation of evidence of prohibited fires.

(B) Anyone violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction as set forth in Section 1.04.110 of the Mendocino County Code.

(C) In addition to the above relief, the County Counsel may seek legal or equitable relief to enforce this Chapter. Civil penalties shall be (1) a penalty not exceeding One Hundred Dollars ($100) for the first violation; (2) a penalty not exceeding Five Hundred Dollars ($500) for each additional violation of this Chapter within one (1) year.

(D) In addition to any other relief, the County shall recover the cost of enforcing this Chapter. The hourly fees to be imposed and recovered pursuant to this Section shall be set forth by resolution of the Board of Supervisors.

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)

If any part or provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Chapter are severable.

(Ord. No. 3746 Sec. 1 (part), adopted 1990.)