Ord 0523-AMENDING ORDINANCE NO. 380ORDINANCE NO. Z 2,;Z
AN ORDINANCE AMENDING ORDINANCE N0. 380 OF THE TOWN OF LOS GATOS
ENTITLED " AN ORDINANCE .ADOPTING A FIRE PREVENTION CODE PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE.AND PROPERTY
FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION
AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF".
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
Section 1. That Section 26.20 of Article 26 of Ordinance
No.380 of the Town of Los Gatos entitled "An Ordinance adopting
a fire prevention code prescribing regulations governing conditions
'hazardous to life and property from fire or explosion, and estab-
lishing a bureau of fire prevention and providing officers therefor
and defining their powers and duties and providing penalties for
the violation thereof", passed and adopted by the Town Council of
the Town of Los Gatos on July 18, 1955 be and the same is hereby
amended to read as follows:
SECTION 26.20. Burning Regulations.
SECTION 26.20.1. Open Fires Prohibited.
It shall be unlawful for any person, firm, corporation
or association to ignite, kindle, light or maintain, or cause,
suffer or allow to be ignited, kindled lighted or maintained, an
open outdoor fire within the limits of the Town of Los Gatos,
County of Santa Clara.
SECTION 26.20.2. Definitions.
An "Open Outdoor Fire" as herein stated shall mean any
combustion of combustible materials of any kind, outdoors in the
open, not in any enclosure where the products of combustion are
not directed through a flue
A "flue" as herein stated shall mean any duct or
passage for air, gases or the like, such as a stack or chimney.
"Household Rubbish" as herein stated shall mean waste
materials and trash, including garden trash, trimmings and
prunings normally accumulated by a family in a residence in the
course of ordinary day-to-day living, but it shall not include
rubber materials, wire insulation or any other materials creating
excessive smoke or offensive odor when burned.
"High Winds" as herein stated` shall mean any wind
which the Fire Department considers hazardous to safe burning.
practices at any given geographical location within the limits
of the Town of Los Gatos,, County of Santa Clara.
"Fire Department" as herein stated shall mean the Fire
Chief, Chief of the Fire Prevention Bureau and/or his duly
authorized agents.
"Normal Agricultural Operation" as herein stated shall
mean that operation in which it is necessary to accumulate annual
or semi-annual trimmings and/or prunings of trees or vines to
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assure normal seasonal productive growth of such trees or vines,
but shall not include whole trees, segments of whole trees,
stumps or roots.
"Permit or Special Permit" as herein stated shall mean
a Permit to Burn, issued by the Fire Department of the Town of
Los Gatos, County of Santa Clara, indicating thereon the dates,
days, times and restrictions for burning said Permit or Special
Permit to become null and void twelve (1L) months following the
date issued or earlier if so dated.
SECTION 26®20.3. Exceptions.
Subject to the limitations and conditions specified
and imposed under this section, the following open outdoor fires
may be started and maintained:
(a) Fires used specifically for the cooking of food
for human consumption, or for recreational
purposes, subject to the following restrictions:
(1) Burning of fires for the cooking of food or
for recreational purposes not within an
enclosure or container only after first
obtaining a permit to so do from the Fire
Department.
(b) Fires for the purpose of disposing of household
rubbish, originating in one and two family
dwellings, which fires are maintained by the
occupant of said dwelling and at said dwelling after
a permit so to do has been obtained from the Fire
Department. Such permission shall include the
following restrictions and such other restrictions
as the Fire Department may deem reasonable and/or
necessary in the interests of fire prevention,
fire protection and fire control:
(1) Burning only between the hours of 6:00 A.M.
and 12:00 Noon, any day of the week except
Monday, unless a special permit allowing
deviations from such days and hours is issued,
(2) Burning only when readily accessible fire
extinguishing equipment, as prescribed by
said Fire Department is available for
immediate use.
(3) Burning only within an approved type metal
drum, incinerator or other container, and
when such metal drum, incinerator or container
is covered by a closed top or metal screen
top, such screen having openings not to exceed
one-half (2) inch square in diameter, approved
by said Fire Department.
(4) Burning only when there is an open, cleared
area not less than that prescribed by the
inspecting officer.
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(5) Burning only in reasonably-,,,- small quantities,
under adult supervision and when there is an
absence of high winds.
(c)
Fires for the disposal of bandages, dressings,
tissue and other materials as required by the
California Administrative Code, Title 17, Group 2,
Section 314, after a permit to so do has been
obtained from the Fire Department, and subject
to the following restrictions:
(1) Burning only between the hours of 6:00 A.M.
and 5:00 P.M. any day of the week.
(2) Burning only within an incinerator of a type
approved by`the Fire. Department and the
Bay Area Air Pollution Control District.
(d)
Fires set or permitted by the Fire Department in
the performance of official duty, if such fire
is set or permission given for the purpose of
weed abatement,' the preventiO-n of a fire hazard,
including the disposal of dangerous and/or
hazardous materials where there is no safe alternate
method of disposal, or in the instruction of public
employees in the methods of fire fighting, which
fire is, in the opinion of the Fire Chief necessary.
(e)
Fires set for the purpose of instruction of.
,
industrial employees in the methods of fire fighting.
(f)
Fires set for the purpose of disposal of orchard.
and/or vineyard trimmings or prunings accumulated
during the course of normal agricultural operations,
after a permit to so do has been obtained from the
Fire Department, subject to the following restric-
tions:
(1) Burning only between the hours of 6:00 A.M.
and 12:00 Noon any day of the week except
Monday, unless a special permit allowing
deviations from such days and hours is issued,.
(2) Burning only in an area not less than fifty.
(50)feet distant from any fence or structure.
(g)-
An Agricultural fire set or permitted by the
County Agricultural Commissioner of the County of
Santa Clara, if such fire is set or permitted
in the performance of his official duty for the
purpose of disease and pest control, subject to the
following restrictions:
(1) Burning only after obtaining a permit to so
do from the Fire Department.
(2) Issuance of said permit shall be subject to
.the receipt by the Fire Department, of notice
from the agricultural Commissioner declaring
the necessity of such fire for disease or
pest control.
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(3) Burning only between the hours of 6:00 A.M.
and 5:00 P.M. any day of the week except Monday.
(4) Burning only within an area not less than
fifty (5) feet distant from any fence or
structure.
(h) Any other fire wherein it can be demonstrated that
nothing but carbon dioxide, nitrogen dioxide or water
is emitted under any and all operating conditions.
SECTION 26.20.4 Permit Denial.
The Fire Department may deny any application for a
permit hereunder if it deems such action necessary to protect persons
or property from the proposed fire as a fire hazard or nuisance, or
it-may grant the permit or a special permit under such limitations
and restrictions as it deems reasonable and/or necessary to eliminate
any such hazard. Any permit or special permit maybe cancelled when
it is deemed reasonable and/or necessary, the holder of which shall
be notified of such cancellation whenever possible.
SECTION 26.20.5. Under no circumstances shall any fire exist
between the hours of 5:00 P.M. and 6:00 A.M. or on Monday unless a
special permit to so do has first been obtained from the Fire
Department.
SECTION 26.20.6. If the State law or any rule or regulation
adopted pursuant thereto requires permission from the State or any
State body or any County or Town agency or body before the fires de-
scribed within this article may be started, permitted or maintained,
the. Fire Department shall require satisfactory proof of the procure-
ment of such permit before it issues a permit under the provisions
of this article. Nothing in this article shall be construed as
authorizing the starting or maintaining of any fire prohibited
by any State law, rule or regulation or any County or Town law,
rule or regulation adopted pursuant thereto.
Section 2. That Section 26.O1b of Article 26 of said
Ordinance No.380 is hereby repealed.
Section 3. This Ordinance shall be published once in the
Los Gatos Times-Saratoga Observer, a newspaper published in the Town
of Los Gatos.
The above and foregoing Ordinance was duly and regularly
introduced at a regular meeting of the Town Council of the Town of
Los Gatos held on the 25th day of January 1960, and was thereafter
at a regular meeting of the Town Council of the Town of Los Gatos
held on the 1st day of February 1960, duly and regularly passed
and adopted by the following vote:
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0 VioM ` OF LOS GATOS
ATTEST:
CLERK 0 THE TOWN OF LOS GATOS
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