Sonora Municipal Code § 8.32 Unlawful Open Burning

A. A person shall not kindle, maintain, or authorize to be kindled or maintained in the City of Sonora, whether on private or public property, any open burning unless conducted in accordance with Chapter 9 of Title 24 of the California Code of Regulations (hereinafter referred to as the "California Fire Code").

B. This section shall not prohibit outdoor burning in the City of Sonora that is pre- approved of by the fire code official for the following purposes:

1. The prevention of a fire hazard that cannot be evaded by any other means.

2. The instruction of public employees in the methods of fighting fires.

3. The instruction of employees in the methods of fighting fires, when such fire is set, pursuant to a permit, on property used for industrial purposes.

4. The setting of backfires necessary to save life or valuable property.

5. The abatement of fire hazards pursuant to Section 13055 of the Health and Safety Code.

6. Disease or pest prevention when there is an immediate need for and no reasonable alternative to burning.

C. Nothing in this section shall be construed as prohibiting open outdoor fires used only for:

1. Cooking food for human consumption where such outdoor use is accomplished in a fireplace or barbecue pit which meets the requirements of the California Code of Regulations; or

2. Recreational purposes with the following restrictions:

a. The location of the recreation use is approved by the fire code official. Approval shall be in accordance with Sections 307.1 through and including 307.5 of the California Fire Code.

b. The burning material used is clear dry wood or charcoal; and

c. The burning occurs only on a "permissive burn day."

D. For purposes of this section, the "fire code official" shall be the Sonora fire chief or designee.

E. The violation of any provision of this section shall constitute an infraction punishable by:

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

2. A fine not exceeding two hundred and fifty dollars for a second violation of the same ordinance within ninety calendar days of the first offense.

3. If any provision of this section shall be violated a third or more times within six months of the original violation, the violation shall constitute a misdemeanor.

a. Any person convicted of a misdemeanor under the provisions of the Sonora Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Tuolumne for a period of not more than one year, or by both such fine and imprisonment

F. The city retains the right to pursue any civil remedies authorized by law.

(Adopted by Ord. 828 on 5/4/2015)