Sonoma County Municipal Code § 13-75 Effect of issuance of permit

It is unlawful for any person to undertake or authorize the undertaking of any open burning within the unincorporated area of the county at any time between May 1 and the date the director of forestry and fire protection declares, by proclamation, that the hazardous fire conditions have abated for that year or at any other time when the director of forestry and fire protection has declared, by proclamation, that unusual fire hazard conditions exist within the region wherein the county is located without first obtaining a written burning permit as follows:

(a) Within those portions of the unincorporated area of the county in a fire protection district, burning permits shall be obtained from the fire protection district. If a fire protection district does not require a burning permit then subsection (c) shall apply to such areas by obtaining a permit from the appropriate air quality control district.

(b) Within those portions of the unincorporated area of the county in a state responsibility area, burning permits shall be obtained first from the California Department of Forestry and Fire Protection or, if the location of the open burning is also in a fire protection district and the district is authorized by the California Department of Forestry and Fire Protection to issue such permits, from the fire protection district.

(c) Within those portions of the unincorporated area of the county not in a fire protection district or state responsibility area, burning permits shall be obtained from the Northern Sonoma County Air Pollution Control District, and the Bay Area Air Quality Management District.

(Ord. No. 6296, § II, 12-2-2019; Ord. No. 6184, § I, 11-15-2016; Ord. No. 6049, § I, 11-5-2013; Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

All burning permits issued pursuant to this article shall restrict open burning to the hours and days specified by the air pollution control district having jurisdiction.

(Ord. No. 6296, § II, 12-2-2019; Ord. No. 6184, § I, 11-15-2016; Ord. No. 6049, § I, 11-5-2013; Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

(a) If the county fire warden/fire marshal determines that conditions of high fire hazard exist within any or all of the unincorporated area of the county, the county fire warden/fire marshal may suspend the issuance of any burning permit authorized by Section 13-71 or stay the effect of any such permit already issued or both for such period as the county fire warden/fire marshal deems necessary, not to exceed one hundred fifty (150) days. The county fire warden/fire marshal shall notify the board of supervisors of any such suspension or stay by memorandum within twenty-four (24) hours following its commencement.

(b) A burn suspension in the state responsibility area (SRA) shall also apply to all areas in the unincorporated area of Sonoma County known as local response area (LRA). This shall be made effective twenty-four (24) hours following its commencement in the SRA.

(Ord. No. 6296, § II, 12-2-2019)

Note— Ord. No. 6296, § II, adopted Dec. 2, 2019, indicated the following ordinances were associated with the derivation of § 13-72.1: Ord. No. 4905 § 1, 1995; and Ord. No. 5373 § 2, adopted in 2002.

No burning permit shall be issued pursuant to this article for open burning by the applicant upon land owned by another person unless the applicant has the written consent of the owner, lessee or other person in charge or control of the land on which the open burning is to be done.

(Ord. No. 6296, § II, 12-2-2019; Ord. No. 6184, § I, 11-15-2016; Ord. No. 6049, § I, 11-5-2013; Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

Nothing in this article shall be construed as preventing any fire protection district within the county from adopting an ordinance or ordinances regulating burning containing more restrictive regulations, nor shall anything herein be construed as limiting or releasing the state or the California Department of Forestry and Fire Protection of any responsibility for fire prevention and suppression under the laws of this state.

(Ord. No. 6296, § II, 12-2-2019; Ord. No. 6184, § I, 11-15-2016; Ord. No. 6049, § I, 11-5-2013; Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

The issuance of any burning permit pursuant to this article shall not be deemed to be a waiver of noncompliance within or authorize violation of any zoning or other law whatsoever or constitute a sanction of or permit for any public or private nuisance.

(Ord. No. 6296, § II, 12-2-2019; Ord. No. 6184, § I, 11-15-2016; Ord. No. 6049, § I, 11-5-2013; Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

All burning for which a permit is required pursuant to this article shall be done under the direction and constant surveillance of a responsible person.

(Ord. No. 6296, § II, 12-2-2019; Ord. No. 6184, § I, 11-15-2016; Ord. No. 6049, § I, 11-5-2013; Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)