Except as hereinafter provided, the California Fire Code, 2022
Edition (Part 9 of Title 24 of the California Code of Regulations),
is hereby incorporated herein by reference as if fully set forth below
and shall be known and may be cited as the fire code of the city of
Malibu.
In the event of any conflict between provisions of the California
Fire Code, 2022 Edition or any amendment to the fire code contained
in the Malibu Municipal Code, the provision contained in the later
listed document shall control.
A copy of the California Fire Code, 2022 Edition, has been deposited
in the office of the city clerk of the city of Malibu and shall be
at all times maintained by the city clerk for use and examination
by the public.
(Ord. 480 § 2, 2021; Ord. 503U § 23, 2022)
Every person violating any provision of the California Fire Code, 2022 Edition and appendices, adopted by reference by Section 8.12.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
(Ord. 480 §2, 2021; Ord. 503U § 24, 2022)
Any person who personally or through another willfully, negligently,
or in violation of law sets a fire, allows a fire to be set, or allows
a fire kindled or attended by such person to escape from his or her
control, or allows any hazardous material to be handled, stored or
transported in a manner not in accordance with the fire code or with
nationally recognized standards, or allows any hazardous material
to escape from his or her control, or neglects to properly comply
with any written notice of the fire chief, or willfully or negligently
allows the continuation of a violation of the fire code and amendments
thereto is liable for the expense of fighting the fire or for the
expense incurred during a hazardous materials incident, and such expense
shall be a charge against that person. Such charge shall constitute
a debt of such person and is collectible by the public agency incurring
such expense in the same manner as in the case of an obligation under
a contract, expressed or implied.
(Ord. 480 § 2, 2021)
Notwithstanding the provisions of Section 8.12.010 of this chapter, Section 326.9 of Title 26 of the Los Angeles County Code is hereby amended to read as follows:
326.9 - Closure of public or private lands.
A.
Any
portion of public or private lands in any wildfire risk area or in
a very high fire hazard severity zone may be closed to the public
by the fire code official at the request of the owners of such public
or private lands, when in the opinion of the fire code official such
closure is necessary for the prevention of fires.
B.
Any
person who is present on lands closed to the public pursuant to this
section is committing a trespass, unless written permission allowing
such presence has been obtained from the fire chief or the city manager.
Notwithstanding any other provision of this code, notice of a closed
area and trespass under this section shall be deemed sufficient when
provided according to the requirements of paragraph C. This section
does not apply to public roadways or to any commercially or institutionally
zoned property.
C.
Notice.
For purposes of this section, notice may be given by either of the
following methods:
1.
Posted
Property. By posting signs bearing the words "HIGH FIRE HAZARD ZONE
– PROPERTY CLOSED TO THE PUBLIC – TRESPASSING FORBIDDEN
BY LAW" in letters not less than three inches in height, at the entrance
of property closed to the public, along all exterior boundaries of
the property at equal intervals not less than three to the mile, and
at the entrance of all roads and trails entering the property; or
2.
Personal
Notice. By personal notice given directly to a person found in an
area closed to the public, advising the person that the area is closed
to the public and that if the person refuses or fails to immediately
leave the closed area, or if the person leaves and returns, the person's
presence in that area constitutes trespassing.
(Ord. 480 § 2, 2021)
