Pismo Beach Municipal Code Ch. 8.36 Barbecues

For purpose of this chapter the words defined in this section mean as follows:

"Barbecue" means food prepared on an open fire or bed of coals by an individual, nonprofit organization or commercial business for the purpose of selling to the general public. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.010)

An individual, nonprofit organization or commercial business shall be allowed to conduct a barbecue on public property when a special event permit for limited duration and use of public property has been obtained. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.020)

No individual, nonprofit organization or commercial business shall operate a barbecue on private property without first having obtained a barbecue permit for that property. Permits for uses exterior and in the interior of a building may be permitted by the fire department. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.040)

Barbecues authorized under this chapter shall meet the following minimum requirements:

A. Barbecues shall be kept to a minimum of ten feet from flammable structures or material and/or shall meet approved fire suppression techniques as described in the California building and fire codes.

B. A water hose and/or water extinguisher approved by the fire department shall be present until the fire is extinguished.

C. A responsible adult shall remain with the barbecue at all times and the fire shall be extinguished before being left alone.

D. No driveways or fire access may be blocked by placement of barbecues.

E. All current zoning, building, fire, health and other municipal code regulations shall be met.

F. Obtain an appropriate city business license.

G. If a tent or canopy are used, the fire department will require a permit and inspection of the tent for compliance with the California Fire Code Article 11 and Article 32. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.060)

The application for a barbecue permit shall include the following:

A. A site plan of the property showing location of buildings, tent or canopy, parking spaces, proposed barbecue location and dimensions;

B. A sheet stating how each of the general requirements listed in Section 8.36.040 are to be met;

C. Property owner's name, address and phone number;

D. Responsible person's name, address and phone number;

E. A description of the days and times the barbecue will be in operatioin;

F. Any letters of support or opposition from adjacent businesses or residences;

G. The additional parking that can be provided;

H. A picture of the proposed barbecue site, photo of barbecue pit and vehicle, if any;

I. Any information the applicant feels may aid the decision;

J. Application fees;

K. Any other information deemed important by the fire department;

L. Proof of approval from the county health department/environmental health division. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.070)

The following shall be a guide to the fire department when considering permits for barbecues:

A. Public health and safety;

B. Community support;

C. Community image;

D. Impact on adjacent businesses and residents;

E. Adequacy of parking; the number of spaces must be a delineated minimum number, but more can be required;

F. Traffic that will be generated, mitigation measures for traffic impacts;

G. Any other conditions deemed appropriate;

H. Consistency and compatibility with surrounding area and zoning district provisioins;

I. The fire department shall review the applicaton and impose conditions limiting time of use, ensure the use is conducted safely and in the interests of the neighborhood, public convenience and the community. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.080)

Any barbecue deemed to be a fire or life safety hazard because of location, atmospheric conditions or failure to comply with any conditions listed in this chapter, or in conjunction with a barbecue permit, may be stopped immediately until such conditions are corrected. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.090)

The fire department shall be responsible for the inspection and enforcement of conditions for permitted barbecues. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.100)

A. Application Fee. The city shall collect a fee to offset the cost of processing and issuing a barbecue permit. This fee shall be in an amount as established be resolution of the city council.

B. Exemptions. The city council may by resolution exempt nonprofit organizations from payment of fees (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.110)

Nothing in this chapter shall be construed as prohibiting the following:

A. Private barbecues on public property where no goods are sold to the public;

B. Residential or backyard barbecues where no goods are sold to the public;

C. Properties where permanent barbecues are installed as an approved use, i.e., Vets hall, when not engaged in selling to the general public. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.120)

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months or by both such fine and imprisonment. (Ord. 02-01 § 1 (part), 2001: Ord. 90-05 § 1 (part), 1990: prior code § 8.06.140)