(A)
The
purpose and intent of this chapter is to allow private landowners
with parcels of five acres or more in size and located in the City's
Wildland-Urban Interface Fire Area to obtain a permit from the Fire
Department to perform pile burning to reduce wildfire fuel hazards
to accomplish a combination of fire protection and resource management
goals. Private landowners with smaller parcels, both in and outside
of the City's Wildland-Urban Interface Fire Area, may similarly apply
for a permit subject to approval by the Fire Chief or the designee
thereof.
(B)
Reducing
the vegetative fuel load is a critical part of the City's efforts
to mitigate wildfire danger by focusing on removing low-lying vegetation
that can carry fire to taller tree canopies—called ladder fuels—from
lands close to private residences and create a more fire-resistant
habitat.
(C)
The
goal of this chapter is to modify fire behavior in an effort to reduce
environmental damage and aid in suppressing wildfires. Benefits from
fuels mitigation pile burning include: prevent loss of lives, reduce
fire suppression costs, reduce private property losses and protect
natural resources from devastating wildfire.
(Ord. 2021-002 § 2)
The provisions of this chapter shall apply specifically to fuels
mitigation pile burning on parcels over five acres in size located
in the City's Wildland-Urban Interface Fire Area and, in addition,
on smaller parcels both in and outside of the Wildland-Urban Interface
Fire Area subject to approval by the Fire Chief or the designee thereof.
(Ord. 2021-002 § 2)
means the Air Pollution Control Officer for the Bay Area
Air Quality Management District or the designee thereof.
Created by the California Legislature in 1955, the Bay Area
Air Quality Management District is tasked with overseeing policies
and adopting regulations for the control of air pollution within the
nine counties that surround the San Francisco Bay, inclusive of the
City of Santa Rosa. The Bay Area Air Quality Management District also
regulates burning activities within the City.
means a document that grants the permittee permission to
burn piles to reduce wildfire fuel hazards on permissive burn days.
These permits, issued by the Fire Department, specify the day(s),
time and site at which pile burning may occur, as well as the type
and amount of material to be burned.
means the Bay Area Air Quality Management District.
means the Fire Chief for the Santa Rosa Fire Department or
the designee thereof.
means the Fire Department of the City of Santa Rosa.
means the burning of dried vegetation only.
means any day where the District does not prohibit fuels
mitigation pile burning. These are days where the District has determined
that weather conditions are favorable for smoke dispersion.
means the regulations of the Bay Area Air Quality Management
District which forbids pile burning within the District with certain
exceptions.
means dried vegetation that has accumulated and increases
the likelihood of unusually large wildland fires.
means a geographical area in the City at significant risk
from wildfires as designated on the map entitled Wildland-Urban Interface
Fire Area dated January 28, 2009, and retained on file in the City
Geographic Information System (GIS) and in the office of the City's
Fire Marshal. The Wildland-Urban Interface Fire Area includes Very
High Fire Hazard Severity Zones recommended by the Director of the
California Department of Forestry and Fire Protection pursuant to
Public Resources Code Sections 4201—4204 and Government Code
Sections 51175—51189.
(Ord. 2021-002 § 2)
(A)
It is unlawful for any person to undertake or authorize the undertaking of any fuels mitigation pile burning within the City: (1) at any time between May 1st and the date the Fire Chief determines in writing that the hazardous fire conditions have abated for that year; and (2) at any time that the issuance and operation of burn permits has been suspended by the Fire Chief pursuant to Section 9-28.070 due to conditions of high fire hazard within the City.
(B)
Outside of the times specified in subsection (A), it is unlawful for any person to undertake or authorize the undertaking of any fuels mitigation pile burning within the City without first obtaining a written burn permit from the Fire Department as follows:
(1)
Permits for fuels mitigation pile burning shall generally be issued
only to landowners or lawful occupiers on parcels five acres or more
in size and located in the City's Wildland-Urban Interface Fire Area.
(2)
Permits for fuels mitigation pile burning may be issued to landowners
or lawful occupiers on parcels under five acres, both in and outside
of the Wildland-Urban Interface Fire Area subject to approval by the
Fire Chief or the designee thereof.
(3)
In all cases, a site inspection of the property where the fuels mitigation
pile burning activity will occur is required before the issuance of
the permit.
(C)
Once
the permit has been issued and prior to any fuels mitigation pile
burning activity, the person responsible for the burning activity
is required to notify the Santa Rosa Fire Department's Dispatch Center
prior to starting the fire.
(D)
Prior
to any fuels mitigation pile burning activity, the person responsible
for the burning activity is also required to notify the District's
APCO prior to starting the fire.
(Ord. 2021-002 § 2)
All burn permits issued pursuant to this chapter shall restrict
burning to the hours and days authorized by the District.
(Ord. 2021-002 § 2)
All burns conducted must comply with all District burning regulations
and restrictions. It should be noted that often times the District
will suspend outdoor burning of any kind.
(Ord. 2021-002 § 2)
If the Fire Chief determines that conditions of high fire hazard
exist within the City, the Chief may suspend the issuance of any burn
permit as authorized by this chapter or stay the effect of any such
permit already issued or both for such period as the Fire Chief deems
necessary. The Fire Chief shall notify Council of any such suspensions
or stay by memorandum within 24 hours following its commencement.
(Ord. 2021-002 § 2)
Nothing in this chapter shall be construed as limiting or releasing
the State or the California Department of Forestry and Fire Protection
of any responsibility for fire prevention or suppression under the
laws of the State.
(Ord. 2021-002 § 2)
The issuance of any burn permit pursuant to this chapter shall
not be deemed to be a waiver of noncompliance with or authorize violation
of any zoning or other law whatsoever or constitute a sanction of
or permit for any public or private nuisance.
(Ord. 2021-002 § 2)
All fuels mitigation pile burning for which a permit is required
pursuant to this chapter shall be done under the direction and constant
surveillance of a responsible person. The responsible person must
be knowledgeable in the use of fire extinguishing equipment required,
and familiar with the permit limitations which restrict pile burning.
The responsible person shall supervise the burning material until
the fire has been extinguished.
(Ord. 2021-002 § 2)
(A)
Fuels
mitigation pile burning shall not be conducted within 50 feet of any
structure and a minimum 10-foot clearance shall be maintained around
the burn pile at all times.
(B)
A
water supply and long-handled shovel shall be readily available for
use at any fuels mitigation pile burning.
(C)
Fuels
mitigation pile burning hours are from 8:00 a.m. to one hour after
sunset. Pile burning is not permitted after dark. Fuels mitigation
pile burning must also comply with any time limitations imposed by
the District.
(D)
The
Fire Chief is authorized to require that fuels mitigation pile burning
be immediately discontinued if the Chief determines that smoke emissions
are offensive to occupants of surrounding property or if the pile
burning is determined by the Chief to constitute a hazardous condition.
(Ord. 2021-002 § 2)
Any person who violates or fails to comply with any provision of this chapter, or who violates or fails to comply with any order or regulation made thereunder, or who violates any provisions of a permit issued thereunder, shall be guilty of a misdemeanor or infraction as determined by the City Attorney pursuant to Chapter 1-28. The City Attorney may seek legal, injunctive, administrative or other equitable relief to enforce this chapter. The remedies and penalties provided in this section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other remedies provided by law. In addition to any relief available to the City, the City shall be entitled to recover reasonable attorneys' fees and costs incurred in enforcement of this chapter.
(Ord. 2021-002 § 2)
Except as otherwise provided herein, the Fire Chief shall be
responsible for enforcing the provisions of this chapter.
(Ord. 2021-002 § 2)
