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HomeMy WebLinkAbout105ORD,YNADTC -E NO_,_ 10,;_+ AN ORDINANCE OF THE TOWN, OF LOS ALTOS HILLS ADOPTING' t REGULATIONS FOR THE PREVENTION,. SUPPRESSION, AND CONTROL OF FIRE HAZARDS., REPEALING ORDINANCES. IN. CONFLICT THEREWITH, AND;. PROVIDING - PENALTIES FOR VIOLATION' THEREOF. THE CITY COUNCIL OF THE TOWN OF LOS.ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION I INTENT The unrestricted use of combustible grass, grain, brush,or wooded land,in hazardous fire areas,, is a potential menace,to life and property from fire and resulting erosion. It. is there ore the intent of this.. ordinance to provide necessary safeguar s to prevent the occurrence offire and to provide ade- quate -fire protection facilities to control the spread of:fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in any hazardous fire area. .,SECTION II DEFINITIONS A. Unless otherwise expressly stated, the fol lowing`..terms shall, .for .the purposes of this ordinance, have they. meanings indicatedinthis section. - B. "Chief" shall mean the Chief of the Los Altos Fire Protection District or his authorized representatives. 0. "Clearance Distance or Distances" means lengths measured along the natural slope of the'. land,' unless otherwise specified herein. D. "Combustible" shall meanhaving the charac- teristic of .changing shape or ignition at or below a temperature of twelve hundred degrees Fahrenheit (12000F.) during an exposure of, five (5) minutes and continuing,to burn or glow at that temperature. E. "Hazardous, Fire Area" shall mean any land within the present andfutureboundaries .of the Town of Los Altos sh- Hill:whicis;.covered with-comr bustiblegrass,.,grain,brush, o. wooded` Areas,._ whether` privately'. or Publicly owned, which is so situated, orisof'such inaccessible location, that a fire origin - sting upon such land would present an abnormally `difficult job of suppression or wogld'result in great andunusual damage through fireor erosion E. "Fireworks" shall mean any article or sub- k"�! stanceor combination o£"substances-prepared fore<the,purpose of producing a visible'or audible effect bye combustion, explosion, deflagration or detonation. Fireworks shall i�hclude, but shall not be: limited to, firecrackers, sparklers, torpedoes, skyrockets,. Roman candles', blankleartridges" and similar items. -G.- "Permit!' -shall -mean a written document--- showing permission granted by"the Chief or his authorizeddeputy.. upon a"'form to be prescribed by the Chief. H. "Person" shall mean any individual, firm;. copartnership, joint venture,`assotlation, social club,.fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, political subdivision, or any other: group or com- bination acting as a unit, and the om- binationactingasaunitandthe plural as well as the singular ..number.. I. "Structure" shall mean that which is con structed, an edifice or building of any kind. J. "Tracer" shall mean any bullet or projectile incorporating afeature which marks or traces :the `flight of said bullet-.orprojectile by flame:, smoke, orany other' - `means whichresults in fire or heat. K. "Tracer Charge" shall mean any bullet - or projectile incorporatingafeature designed to create a visible - -. or audible effect byanymeans which results in fire or heat, and.:. shall include any incendiary bullet or projectile. ' SECTION III. AUTHORITY TO STIPULATE PERMIT CONDITIONS AND - ISSUE PERMITS - -- --- The Chief shall havethe authority to stipulate such conditions as he deems necessary in all permits. If in his judgment, public safety would be better served, he may refuse to issue any such permit. Permits may be issued to Public Utilities.operating under the rules and regulations of theCalifornia Public Utilities Commission fora period not to exceed one year. Any such permit is to apply to work being done by employees of the utilities and not by their contractors; provided, however, that prior written notice shall be delivered tothe Chief for eeach job whenever practicable. SECTION IV. RESTRICTED ENTRY The Chief .shall officially determine and. publicly announce when any hazardous fire area shall be closed to entry andwhen such area shall again be opened to entry.. No .person other than those hereinafter expressly. exempted shall go on or be upon any hazardous fire area, except public roadways, inhabited areas, or established trails and camp sites which have not been closed during such time when the hazardous fire area is - closedto entry. It is not :the intention of this section to prohibit residents orowners.o£ privatepropertywithin -any hazardous fire area or their invitees or guests from going or being upon their lands, and such.. persons are to suchextent excepted from the provisions of this section. This section does not apply. to any entry, in the course ofduty, .by any peace or police officer, or any other duly authorized publicofficer,, member of any fire department, or member of the State Division of Forestry. 2- SECTION V. TRESPASSING ON POSTED PROPERTY PROHIBITED A. Whenever the Chief determines that any srecific area within a:hazardous firearea presents an exceptional and continuing ,firedanger`because of the density of natural growth, difficulty of terrain, proximity of structures, or acces- sibility to the public, he. shall declare such area closed until changed conditions warrant termination of closure. The Chief shall order any such area posted as hereinafter provided_. B. Signs prohibiting entry by unauthorized.. persons and referring to this ordinance shall be. placed on every. area ordered postedbythe Chief pursuant to Section V. A. - above_ Said signs shall be so constructed and located as to giver adequate notice to the public. The location, size, type. and number of such signs. are hereby committed to the reasonable discretionof -the Chief. C. No person shall enter or remain within any area closed and posted by the Chief pursuant to Section V. A. and, V. B. above;. provided that the following persons shallbe exempted from the provisions of this section; owners or occupiers' of private or public property within closed and posted areas, .their guests or invitees; local, State, or Federal public officers or their authorized agents acting in the .course of duty. SECTION VI. SMOKING PROHIBITED No person shall light, ignite, :or..other- wise set fire to or smoke any tobacco, cigarette, pipe, or cigar in or upon any hazardous fire area. Provided, however,. that nothing in this section shall apply to any place of habitation, - or within the boundaries of any established smoking area or camp site as designated by the Chief. "SECTION VII. SPdRK ARRESTERS REQUIRED A. No persons shall use or operate in, upon, or within two hundred feet (200') of any hazardous fire area, any tractor, construction equipment, engine, machinery,: or any steam, oil or gasoline operated stationary or mobile equip- ment, from quipment,from which aspark ..or fire may originate unless such.equip- mentisprovided with a qualified device or spark arrester ` installed in or attached to the exhaust pipe which will . prevent the escape of fire or sparks. Said qualified device or spark arrester shall meet the United States Forest Service Standards for Spark Arresters for Internal Combustion Engines Number 5100-1, dated'. January 1965• For the purpose of .this section,. any registered. motor. vehicle .operated on a road or highway and which is equipped with muffler in good condition, as required by the Vehicle Code, shall be deemed to be in compliance with this section. -3- B. Each Chimney used in conjunction with any fireplace, barbecue, or any heating applicance in which solid 'or liquid fuel is used, upon any building, structure, or premises located within two hundred feet: (200'),of any hazardous.` fire area, shall be maintained with a spark arrester constructed - with heavy wire mesh or other non-combustible material with '. openings not ",to exceed one-half inch (h"). Each chimney.'. in existence on the effective date of this ordinance shall be brought into compliance within six(6)months thereafter. SECTION VIII. TRACER BULLETS, TRLCER CHLRGF,S -ROCKETS AND:. MODEL AIRCRAFT PROHIBITED G. No person shall fire or cause to be fired any tracer bullet or tracer charge into or across any hazardous fire area, nor shall he have in his. possession any tracer .bullet-ortracer charge on such area. B. No person shall use, fire or project into or across any hazardous fire areaany rocket, model plane; glider or balloon powered with an engine, propellent, or. other features liable to arart or cause fire in said area. SECTION IX. EXPLOSIVES ;_ND BLASTING No person shall possess, keep, store, sell, - offerfor sale, give away, use, discharge,,transport,ordispose of in any manner any explosives within any hazardous fire area except by the. -authority of a written permit from the Chief. SECTION X. FIREWORKS.rROHIBITED A. No person shall use or possess fireworks in ahazardous fire area.. B, The Chief shall seize, take, remove or cause to -be removed all fireworks in violation of this section. - SECTION .XI. APIARIES Pio person shall use any lighted or smolder- ing material in connection with smoking bees in or upon any hazardous fire ' area except by the authority of a written permit from the Chief. -4 SECTION 'XII. .OPEN PLANE DEVICES A No person shall operate or use any device,. machine, or process such as awelding torch, tar "pot, decorative torch, or any other device liable to start or cause ,fire in or upon any hazardous fire area, -,except -by the authority of a written permit from the Chief. Provided, however, that no permit will be required if such use is within inhabited premises - or designated camp sites,or area that has been cleared in accordancewith Section XVI A. 6, provided that adequate measures are taken to; prevent escape of fire, and such uses are a minimum of'thirtyfeet (30') from any 'combustible grass, grain, brush or .wooded areas. There shall beexcepted -from the. provision of this paragraph public Utility Companies making emergency repairs, which Companies shall not be required: to obtain a permit for such emergency repairs, provided, however, that this provision shall not relieve such Public Utility Companies from taking adequatemeasures to prevent the starting or causing.of fire in or upon any hazardous fire.;area. B. Be person shall operate oruse any flame employing device such as a lantern or kerosene road flare as a signalor marker in or upon any hazardous fire. area. This section shall not apply to or restrictthe proper use o£.fusees at the scenes of emergencies. - SECTION XIII. OUTDOOR FIRES A. No person shall build,, ignite, or maintain .any outdoor fire of any .kind or character, or for any purpose whatsoever, in or upon any hazardous fire area, except by the authority of a written permit from the Chief. No 'permit' will be required for outdoor fires within habited premises or designated camp sites where such fires are built in a Permanent 'barbecue, portable barbecue,outdoor fireplace,; or grille and are a minimum of thirty feet (30') from any combustible grass,.grain, brush or wooded areas. Such apermit shall ,incorporate such terms and conditions which will reasonably safeguard public safety and property. .Regardless of permit., however, no person shallbuild, ignite, or maintain any outdoorfire in or upon any hazardous fire area,. under the following conditions: 1. When any high wind is blowing; or 2. When there is no person aged seventeen (17)orover present at all times to witch and capable of: tending . such fire; or 3. Such times as public announcement by the Fire Chief is made that there shall be no open burning. -5- B. No person shalluse any -permanent barbecue, ' portable barbecue, outdoor fireplace, or grill for the disposal l of rubbish, trash orcombustiblewaste material. SECTION'XIV. FIREPLACES A. No person shall build, install, or maintain any outdoor fireplace,.:..permanent barbecue, or,grill, in any.. hazardous fire .area, without first securing written approval of the Chief. ,t - B. Zvery,.outdoor fireplace:, permanent barbecue, or grill shall be maintained in good repair and in a safe -condition at all times. All openings, in any such appliance:;, shall be provided with an approved spark arrester, screen or door. '.If required for their proper functioning, barbecues and. grills pay be approved with certain openings left unprotected. Each outdoor fireplace, permanent barbecue or grill in existence on theeffective date;of this ordinance shall bebrought into compliance within six.(6) months thereafter. SECTION XV. CLEARANCE'OF BRUSH OR VEGETATIVE GRO_IITH FRO11 ELECTRICAL+.TRANSKISSION-LINES A. Support Clearance: any person 'owning, : controlling, operating or maintaining any electrical transmission lineupon any hazardous fire area shall., at allstimes, maintain` around and adjacent to .any pole' supporting a switch, fuse, transformer, lightning ,arrester, line junction,.deadend,-, corner: pole, towers, or other poles or towers at which power company employees are `likely to work most frequently, an ,effective firebreak,.consisting of a clearing of not less than ten feet (10'); in each direction from the outer 'circumference of such pole :.or tower-. Frovided, however, that this provision shall not bedeemed to apply: to lines used exclusively as telephone,. telegraph,. telephone or telegraph messenger call, fire or alarm -:lines, '.or other lines classed as communication (Class. C) circuits by, General Order 95'o£ the l blic Utilities' Commission of. the State of .California. .Every Pole and tower in existence on the effective date of this ordinance shall be brought into compliance herewith within six (6)- months after ; said effective date. -- ,.._6_. B. HiZh_Iension-Line Clearance: Any person owning, ' controlling, operafingor maintainingany electrical trans- - mission_line upon any hazardous fire area shall maintain -:a clear - ante of the respective distances as specified in this section in all directions- between all vegetation and all conductors carrying electrical current: - 1. , For lines :operating at TWO: THOUSAND FOUR HUNDRED (2400) -volts and less than SIXTY-EIGHT THOUSAND (68,000) voltsgFour Feet (43.); 2. _ For lines operating at SIXTY-EIGHT THOUSAND (68,000) volts and less than ONE HUNDRED FIFTEEN THOUSAND (115,000) volts",. Six Feet (61); 3• For lines operating at ONE HUNDRED FIFTEEN THOUSAND (115,000) volts and over Ten Feet (101).. In; any: case, such distance shall be sufficiently great to furnish the re- quired clearance from the .particular wireor conductor at any. position of such wire or conductor at any temperature of ONE HUNDRED TWENTY DEGREES..(1200):Fahrenheit or less. Forked trees., dead trees, old decadent or rotten trees, those weakened by decay or disease, !and trees loaning toward the .line, which may contact the line from the side or may fall on .the line, shall be felled cut ortrimmed : -'� so ;a's to remove the hazard, ' C Self-su ortin Aerial Cable: No clearing. to obtain line clearance is require `w -en se4 -supporting. aerial cable Is used except. that forked' trees,' leaning trees., and other' growth which..may fall across the cable. and break it shall be re- moved. D. Exce tiantio: Nothing contained in this sectionshall be construed o% sr�re .any person to maintain any clearing on land Phere'such person does not have the legal right to maintain such clearing, nor shall any provision of this ordi- nance be construed to require.. any person to '.enterupon or to damage property,, of another without consent of the owner. thereof. SECTION XVI. CLEARANCE OF BRUSH OR VEGETATIVE GROWTH FROM STRUCTURES AND ...ROAD _ _ - A. Any person owning,,leasing, controlling, operating or maintaining any building or structure in, upon or adjoining any hazardous fire area, and any person owning'leasing ' or controlling any land adjacent to such buildings or structure8, shall at all times: 1. _Maintain around and adjacent to such .building or structure"an effective firebreak made by removing and clearing away, for a distance therefrom of not less than thirty,..' - feet (30, on each side thereof, all flammable.vegetation or other combustible growth. This section shall-notapply to single speci- mens oftrees, ,ornamental shrubbery, or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. `\ -6-a 2c'. Maintain around and adjacent,to any such "- building or structure additiotisl.fire protection or firebreak made by removing all brush; flammable vegetation, or combustible" ;. growth located from thirty feet".(30') toone hundred feet (100") from such building or structure as may, be required by the Chief when he,finds that because of :extra hazardous conditions a fire- break of only thirty feet (30').around `such structures is, not sufficient to provide.reasonable`firesafety. Grass and other vege- tation` -located more than thirty feet (301) from such building or< structure endless thaneighteeninches (1811) in height above the ground may be maintained where necessary to stabilized'the,,soil and prevent. erosion: - 3• Removethatportion of any tree which ex- tends within ten feet ..(10').of the outlet of any chimney.. 4.. Maintain any tree adjacent to or over- hanging anybuilding free of dead wood. - 5. Maintain the roof of any structure free of leaves, needles,. or other dead vegetative growth. - - 6. The Chief may require the removal of all f),Rml¢able vegetation or other combustible. growth within ten feet (10'..) on each side of any roadway. This section shall not apply to single specimens oftrees,. ornamental shrubbery,or cultivated ground cover slu: a a gr ea n grass; ivy, succulents, or similar plants used as ground covers, provided that .they do not firm a means of readily transmit- ting fire, As used in this section 'roadway' meano that portion of public'or private :road designed, or .ordinarily used for vehicular travel. B. In the -event any of the conditions prohibited by -this section exist, the governing authority may -instruct the Chief to give notice 'tothe owner of the property upon which such condi- tion exists, to-correctsuch-prohibited condition, and -if the owner fails to correct suchcondition,-the. governing authority ;may ;cause the same to be -done and make the expense of suchcorrection a lien upon the property upon which .such condition exists... C. If the Chief determines in any specific case that difficultterrain, danger oferosion, orother unusual -circum- stances make "strict •. compliance with the Clearance of vegetation pro- visions of Sections .XVnr XVI,- of this ordinance undesirable or im- practical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this ordinance. SECTION. XVII. ILLEGAL DUMPING No person shall place, deposit, or dump any -gar- bage, cans, ny.gar-bage,ccans, bottles,; papers, ashes, refuse, trash,. rubbish, or.com- bustible waste material in or upon any hazardous fire area. No person shall 'dump such material in, upon, or along any trail,* road- way, or highway in any hazardous fire area, .Public and private -7- dumping areas having been approved by the agency having,..juris- diction shall be eeemed:_.to be in compliance with this section,.. SECTIONXVIII. ?DISPOSAL OF ASHES No person shall place,,deposit, or dump any ashes or coals:Lnor..upon any .hazardous -£irg,;area except, in the hearth,of'an.established fire pit camp'stove,.or fireplace; or in,a"ponq'Qmbus',5�ble, container'wit� a tight fitting lid which is r kept er maintained; in ,a safe location not less than tenfeet„(10') from any combustible vegetation or structure; or wheresuch.ashes or coals are buried and covered with one foot (11) of mineral'earth not less than -twenty-five feet (25f) from any combustible vego tation or g;nacture, ; SECTION -Y-T7, ILLEGAL USE OF FIRE ROADS AND,FIREBREAKS A, No person., except public officers acting, within the scope of their duties, shalltravelupon, or drive or park any motorcycle,. motor scooter, or motor vehicle upon any.: fire road orfirebreakbeyond the point where travel is. restrict- ed by'a cable,gate, or sign;' without the permission of the prop- erty owner or owners involved. No person shall ;park any, ver hicle"so as to obstruct the entrance toany fire road or fire- break. B. No person shall install or maintain a radio or television aerial, or guy wires thereto, or any other obstruc- tion on bstruction'-on any fire road or firebreak, which is less than sixteen feet (161) above such fire road or firebreak. SECTION XX. USE OF MOTORCYCLES, MOTORSCOOTEfy,:AND MOTOR VEHICLES - No person shall operate any motorcycle, motor scooter, or motor vehicle,: except upon clearly established pub-: lic or private roads within any hazardous fire area without first having secured a permitto do so from the Chief- 'No such permit: shall<be`issued unless written permission from the property -owner is first presented. SECTION XXI, T'A14PERING.WITH .FIRE DEPARTMENT SACS BAR IQAUES, ....SIGNS A. No person shall tamper with, mutilate;' destroy, or remove any lock, barricades, seals cable, sign, or.. marker installed within any hazardous fire area by or under the.', control of. the Chief, or other duly constituted authority. B. No unauthorized person shallunlock any. gate, door, barrier, or. lock installed by or under the control of the Chief, or other duly constituted authority. .SECTION XXII. LIABILITY FOR FIRE,DAMAGE ' The -'expense_ -for fighting any. .fires which are the result of a::violation"of this ordinance are acharge :against - the person whose violation, of this ordinance, caused the. fire. Damages caused -by such fires shall constitute a debt of such,per son, and are collectible by the Chief in the same .manner 'as"in the case of an obligation under a contract,, expressed or implied. SECTION XXIII.SWIMMING POOL: REGULATIONS" Every swimming, pool, wading pool, water stor- age tank and other similar sources of mater shall be so located thataccess thereto by.Fire Departmentvehiclescan -be readily... made. The installation.of-everysuch pool or tank shall be subject to approval by. the FireDepartment prior toissuance of a build ing',.permit, and prior to. certification of final inspection. _ In lieu of providing the hereinabove required access, the owner .may provide a permanent suction pipe running from the pool, tank or other source of watertoa location prescribed by the Fire Department. The construction, specifications„ and main- tenance of such suction pipe installation shall .be as prescribed'.by the Fire Department, and said installation shall be tested prior to granting final building and fire department approval. Such speci- fications shall pecifications-shall provide for a pipe of a minimum size of four inches (4"Yinside diameter and all'£ittings shall have California Standard Thread--: as prescribed in Section1400 of Subchapter 9. of Chapter l.:rof Title #19 of the California Administrative Code. No person shall place or keep any. post, fence; grovith, trash or other material or thing near any accessrouteor permanent suction .pipe outlet that would prevent such access route ,. or permanent suction pipe outlet .from being immediately discernible, or in any other manner deter or: hinder the. Fire Department' Prom gaining immediate access to such permanent suction pipe, .swimming __ pool, tank, or other source of. water. The requirements of this Section shall be ap- plicable only to pools,.tanks -and other similar sources of water' for which permits are issued and construction -is commenced subse- quent to ubsequentto the effective date of this ordinance, - - SECTION XXIV. '.ENFORCEMENT. A. The Chief and his deputies hereby are authorized 'to enforce the provisionsof this ordinance. Said deputies shall consist of`the following persons: 1. Officers and members of the Fire Department. 2. Officers and members of the Police Department and the Santa Clara County Sheriff's Department and Santa Clara County Fire Marshal's Office. 3. State Division of Forestry Officers. ' 4. Such otherofficers and employees of the governing authority. as maybe recommended by the Chief an8. approved by the governing authority. B. The Chief and his authorized representative;., to include deputized personnel, may enter any premisesi... structure, or. building.' at any reasonable hour toenforce this ordinance. The owner,. tenant, lessee, occupant, manager, or, operator of any such premises, structure, or building shall permit the Chief or: his authorized representative to enter and inspect at the time and for the purpose statedin this section. Provided,that the authority. conferred by this section shall not apply to the entry of a private residence unless written notice is served on the occupant thereof. Such written notice shall contain a statement of the time and the purpose of such inspection. SECTION XXV. ' PENALTIES Every person violating any provision of this ordinance or of any permit granted hereunder is guilty of a. misdemeanor. Upon convictionthereof he shall be punishable by a fine not to exceed FIVE HUNDRED DOLL!,RS 0500.00), or by imprisonment for not to exceed six (6) months, or by both such fine and imprisonment. Each .separate day or any portion thereof during which any violation of this ordinance occurs or continues., .constitutes a separate offense and upon .conviction thereof shall be punishable as herein provided. SECTION XXVI. NUISANCES Every violation of this: ordinance is hereby l declared to constitute apublic nuisance and be subject to abate- ment as such. - SECTION,XXVII. REPEALS All ordinances or portions of ordinances of the Town of Los Altos Hills in conflict herewith are hereby �. repealed. SECTION XXVIII. SEVERABILITY - Ifanysection, subsection, clause,.phrase or sentence of this ordinance be declared,. forany reason, in- valid or unconstitutional, by any court of competent jurisdiction, suchdecision shall not affect the validity of the remaining. portions of this ordinance. The. City Council of the Town of Los Altos Hills hereby declares that it would have .passed this ordinance and each section, subsection, clause, phrase and sentence thereof regardless of the fact thatanyone or.. more other sections, -subsections, clauses, phrases and sentences thereof were: declared invalid and unconstitutional. 10- SECTION.XX1X. EFFECTIVE DATE. -- -- - This ordinance shall be posted in::three(3) public places within the Town of Los Altos Hills and shall become effective thirty (30) days following its adoption. I hereby certifythat the foregoing ordinance was introduced at a --.regular westing o£ the City Council of the Town of Los 'Altos .Hill s May.3 , 1965, and was thereafter ata regular meeting of sae ounce 'held on the 7th day of June 1965, passed and adopted by the f ocying Roll C911 off— AYES: Councilmen Aiken, Bowler,: Clayton, Fowle Mayor Henley NOES: None ABSENT: None APPROVED: �^ - 'ayor of the Town of Los Altos Hills ATTEST: . . TotvnAltos Hills - 5�-gy