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HomeMy WebLinkAbout428 • ORDINANCE NO. 4 2 8 ORDINANCE OF THE COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 6 "SANITATION AND HEALTH" OF THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING CHAPTER 6 PERTAINING TO USE RESTRICTIONS FOR WOOD BURNING APPLIANCES The Council of the Town of Los Altos Hills does ORDAIN as follows: SECTION 1. Findings and Declarations: The City Council finds and declares that: A. In enacting that ordinance the Council determined that the public interest would be served by reducing particulate emissions by prohibiting the use of wood burning appliances on days when the Bay Area Air Quality Management District issues a"Spare the Air Tonight" warning. B. In enacting that ordinance the Council determined that reducing particulate emissions by prohibiting the burning of solid and hazardous waste materials or treated wood in wood burning appliances would serve the public.interest. SECTION 2. Chapter 6 of Title 6 of the Los Altos Hills Municipal Code is herby amended to read as follows: 6-6.01 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section, unless the context indicates otherwise. (a) "Bay Area Air Quality Management District" (BAAQMD) means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code section 40200. (b) "Wood burning appliance" means fireplace, fire pit, stove, wood heater, pellet-fueled wood heater or any similar device used for burning solid fuel. (c) "Solid fuel"means wood or any other non-gaseous or non-liquid fuel. (d) "Treated wood," means wood of any species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or weathering. (e) "Spare the Air Tonight,"means a BAAQMD wintertime outreach program that focuses on reducing wood smoke from fireplaces and wood stoves. On days when air quality is poor, the public is asked to defer wood burning. 1 o • 6-6.02 Applicability. This chapter shall apply to all.indoor and outdoor wood burning.appliances. The installation and maintenance of outdoor wood burning appliances shall also comply with LAHMC Section 4-2.114. 6-6.03 General Requirements. It shall be unlawful to: (a) Use any wood-burning appliance when the Bay Area Air Quality Management District issues a"Spare the Air Tonight" warning and when an alternate approved heat source is available. (b) Use any wood burning appliance for the-burning, disposal or incineration of: a) Solid waste as defined by Section 6-3.02(o) of the Los Altos Hills Municipal Code. b) Hazardous waste as defined by Section 6-3.02(d) of the Los Altos Hills Municipal Code. c) Treated wood. 6-6.04 Enforcement. Any person violating any of the provisions of this'chapter shall be deemed guilty of an infraction. Violations of this chapter shall also be deemed a public nuisance. SECTION 3. The City Council finds that this project is exempt from the provisions of the Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that this project will have a significant adverse effect on the environment. SECTION 4. This ordinance shall be effective on the thirty-first day.after the date of its adoption. INTRODUCED: June 5, 2003 PASSED: June 19, 2003 AYES: Mayor Cheng, Mayor Pro Tem O'Malley, Councilmember Fenwick and Councilmember Kerr NOES: None ABSENT: Councilmember Warshawsky ABSTENTIONS: None 2 A ST: City Clerk Mayor APPRO S TO FORM: PROVED: City Attome City Manager I 3