Approved fuel
shall mean propane, natural gas, charcoal or seasoned logs. Charcoal or logs shall be of a size which can reasonably fit in an outdoor or portable cooking device.
Open campfire
shall mean the setting, ignition or maintenance of a fire at an outdoor location on public property, excepting parks and open space areas, whether placed or contained in an outdoor or portable cooking device, ring, pit, or otherwise, that is used for cooking, warmth, social gatherings, picnics, recreation and/or similar activities.
Outdoor cooking device and portable cooking device
shall mean a device used primarily or exclusively for cooking; constructed of masonry, metal or stone; whether on wheels or not. Common outdoor cooking devices include, but are not limited to, grills, smokers, burners, camp stoves and camp ovens that use approved fuel.
(Ord. 2577 § 1, 2020)
Permit Required. No person shall set, ignite or maintain an open campfire without first obtaining a permit required under this article.
(Ord. 2577 § 1, 2020)
(a) 
The police chief shall issue a permit allowing the use of an outdoor or portable cooking device on the condition that the requirements of this article be complied with and that the police chief determines that the use of an outdoor or portable cooking device will not be detrimental to the public health, safety and welfare if the permit is granted. The police chief shall revoke such permit upon a finding that the permittee has failed or refused to comply with any provision of this article.
(b) 
No person under the age of eighteen may obtain a permit.
(c) 
The permit application shall be submitted to the city police department, and the permit shall be obtained prior to the desired use of an open campfire.
(Ord. 2577 § 1, 2020)
(a) 
Requirements for Permitted Outdoor/Portable Cooking Devices.
(1) 
An outdoor or portable cooking device permit shall only be issued in conjunction with a street use or parade permit. The permit fee shall be included in the street use or parade permit fee. The permittee must obey all provisions of the street use or parade permit;
(2) 
An outdoor or portable cooking device shall be used only with an approved fuel; the burning of yard waste, lumber, leaves, grass, paper, cardboard, unseasoned logs, garbage, refuse, trash or like manner of things is prohibited;
(3) 
An outdoor or portable cooking device shall be used and located only in an area separated from any structure by not less than fifteen feet;
(4) 
An outdoor or portable cooking device shall be used and located only in an area separated from any brush, trees, grasses, weeds, combustibles, and other fire fuel by not less than fifteen feet;
(5) 
An outdoor or portable cooking device shall be constantly tended by a person over the age of eighteen years when in use until the fire is extinguished. A portable fire extinguisher having a minimum rating of 2-A:10-BC or other approved extinguishing agent such as sand, dirt or water in sufficient quantity shall be available for immediate use;
(6) 
No outdoor or portable cooking device shall be used in such a manner as to emit offensive or objectionable smoke or odors or when atmospheric conditions such as wind or other circumstances make such fires hazardous.
(b) 
Exclusions. A permit under the provisions of this article is not needed for an outdoor or portable cooking device used for commercial cooking purposes if the user obeys all laws, regulations and ordinances applicable to the device and the commercial sale of food in the city.
(Ord. 2577 § 1, 2020)
(a) 
Any person violating any provision of this article is guilty of an infraction for each of the first two violations within a six-month period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of Section 36900(b) of the California Government Code, or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.
(b) 
Any person violating or permitting violation of any provision of this article for the third time within a six-month period is guilty of a misdemeanor and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in Section 36901 of the California Government Code, or successor legislation.
(c) 
Any person violating any of the provisions of this article shall also be subject to a civil action and/or administrative penalties pursuant to Chapter 1, Article 1.02.
(d) 
An administrative citation may be issued for any violation of this chapter pursuant to Davis Municipal Code Chapter 1, Article 1.02.
(e) 
As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 2577 § 1, 2020)