Chapter 9.37
FIRE DANGER IN OPEN PUBLIC SPACE
Sections:
9.37.030 Unauthorized fire prohibited.
9.37.060 Declaration of a nuisance.
9.37.070 Penalty not exclusive—Violation constitutes a crime.
9.37.010 Purpose.
The city council finds and declares that unauthorized fire in the city’s public open space during one of the most severe droughts on record in California constitutes an urgent and immediate threat to the public’s life, health and safety. The purpose of this chapter is to reduce and prevent fire hazards and fire danger in the public open space throughout the city. (Ord. 1248 § 3 (part), 2015)
9.37.020 Definitions.
A. “Code enforcement officer” means the code enforcement officer of the city of Folsom or his/her designee.
B. “Fire chief” means the chief of the Folsom fire department or his/her designee.
C. “Police chief” means the chief of the Folsom police department or his/her designee.
D. “Public open space” means any area within the city designated as “open space,” “open space conservation,” “agricultural reserve,” or “parks” under the city’s general plan and zoning code. (Ord. 1248 § 3 (part), 2015)
9.37.030 Unauthorized fire prohibited.
A. No person shall ignite, maintain, or use any fire in any public open space except within a designated picnic area using a barbecue cooker or other cooking device authorized by the fire chief for purpose of safe outdoor cooking.
B. No person shall ignite or maintain a fire of materials deposited in any pit, trench, ditch, dugout, dirt, grassy or wooded area in any public open space.
C. No person shall ignite or maintain a fire of materials deposited in any can, box, or other receptacle intended for garbage disposal or incineration in any public open space. (Ord. 1248 § 3 (part), 2015)
9.37.040 Exemption.
Fire activities with a valid permit issued by the fire chief are exempt from the prohibition in Section 9.37.030. This exemption does not relieve any person or entity from complying with all other applicable federal, state and local laws, rules and regulations including, but not limited to, regulations related to air quality and nuisances. (Ord. 1248 § 3 (part), 2015)
9.37.050 Enforcement.
The fire chief shall enforce the provisions of this chapter pertaining to fire suppression and prevention of fire danger and hazards. The police chief and code enforcement officer shall enforce all other provisions of this chapter. (Ord. 1248 § 3 (part), 2015)
9.37.060 Declaration of a nuisance.
Any violation of the provisions of this chapter is hereby declared to be a public nuisance, subject to abatement as provided in this chapter and Title 1. (Ord. 1248 § 3 (part), 2015)
9.37.070 Penalty not exclusive—Violation constitutes a crime.
A. Violation of this chapter shall constitute a crime punishable either as a misdemeanor punishable by a fine not exceeding one thousand dollars or imprisonment not to exceed six months, or both, or as an infraction in the discretion of the city attorney.
B. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Folsom Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Folsom Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this chapter or to abate a public nuisance. (Ord. 1248 § 3 (part), 2015)