HomeMy WebLinkAbout11- Fire CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Larry R. Pitzer Subject: Proposed revision of Chapter 8.60 and 8.63 of the
San Bernardino Municipal Code that allows for
the sale and discharge of fireworks and redefines
Dept: Fire
c / the Hazardous Fire Area in the City Municipal
1 i I t L Code as it is defined in the Uniform Fire Code
Date: April 17, 2000 (City Municipal Code Chapter 15.16).
Synopsis of Previous Council Action:
None
RECOMMENDATION:
That said ordinance be laid over for final adoption.
Signature
Contact Person: Larry R. Pitzer Phone: (909)384-5286
Supporting data attached: Staff Report Ward: City Wide
FUNDING REQUIREMENTS: Amount:
Source: (ACCT.No)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
l I
STAFF REPORT
SUBJECT:
Proposed revision of Chapter 8.60 and 8.63 of the San Bernardino Municipal Code that
allows for the sale and discharge of fireworks and redefines the Hazardous Fire Area in
the City Municipal Code as it is defined in the Uniform Fire Code (City Municipal Code
Chapter 15.16).
BACKGROUND:
In 1999 when Municipal Code Chapter 15.16, the Uniform Fire Code, was adopted
Chapter 8.60 and 8.63 were inadvertently not updated. In order to make all Fire Code
chapters of the Municipal Code uniform, it is necessary to update Chapters 8.60 and 8.63.
The following are key changes to 8.60 and 8.63:
➢ Discontinue using the term High Fire Hazard Area; utilize the term Hazardous Fire
Area.
➢ Revise the boundary as delineated in 8.63 to be the same as the Hazardous Fire Area
(see attached map).
The language that is being replaced is struck out and the proposed new language is in
bold.
FINANCIAL IMPACT:
None
RECOMMENDATION:
That said ordinance be laid over for final adoption.
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1 STRIKE OUT SHOWS DELETIONS. BOLD SHOWS ADDITIONS.
CHAPTER 8.60
FIREWORKS
Sections:
8.60.010 Location of Sales and Discharge of Fireworks.
4 8.60.015 Sale of Fireworks to Minors Prohibited;
Identification Required.
5 8.60.020 License - Required.
8.60.030 License - Application - Public liability insurance.
6 8.60.040 License - Notice of granting or rejection.
8.60.050 License - Prerequisites to issuance.
7 8.60.055 Suspension of license - Appeal procedure.
8.60.060 Operation of stand.
8 8.60.070 Temporary fireworks stands.
8.60.080 General requirements for licensees.
9 8.60.090 License tax.
8.60.100 Temporary sales tax permit required.
10 8.60.110 Display of license and sales tax permit.
8.60.120 Permissible locations for discharge.
11 8.60.130 Prohibitions on discharge.
8.60.140 Reference to determination of safe and sane fireworks.
12 8.60.150 Violation - Penalty.
13 8.60.010 Location of Sales and Discharge of Fireworks.
14 Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the
state may be sold and discharged within the City, except that such use or sale shall not be allowed in
15 the Hazardous Fire Area as defined in Section 15-16.135 15.16.115 of this Code. (Ord. MC-1022,
5-18-98, 11-1-82; Ord. 2884 §1, 1968.)
16
8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required.
17
The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of
18 identification is required at time of purchase. (Ord. MC-1022, 5-18-98)
19 8.60.020 License - Required.
20 Except as provided in this Chapter, it is unlawful for any person to offer for sale or sell at
retail any fireworks of any kind in the City without having first applied for and received a license
21 theref8r. from the City Clerk. (Ord. MC-460, 5-13-85; Ord. 2884 §2, 1968.)
22 8.60.030 License - Application - Public liability insurance.
23 All applications for a license to sell fireworks shall:
24 A. Bcmlade in writh ed by a license fee of two hundred dollars; the fee is not
f6r th� purpose of temn. but will be used to defray the cost of inspection and
25 sttpervision. Be made in writing accompanied by a fee to be set by resolution;
the fee is not for the purpose of revenue but will defray the cost of a fire
26 department inspection.
27 1H
28 HEMcm[tirel.ordl
1
I B. Be made between the first day and the last day of March of each year except when the
last day falls on a Saturday or Sunday, the following business day shall be determined
2 to be the last day;
3 C. Set far forth the proposed location of the fireworks stand applied for. The stands
must be on private property located in -
4 zerres Commercial General (CG) or Commercial Regional (CR) General Plan
Land Use Districts and the written permission of the owner of record or lessee must
5 accompany the application;
6 D. Be accompanied by an assurance that if the license is issued to applicant, applicant
shall, at the time of receipt of the license, deliver to the City Clerk's orrice one
7 hundred thousand/three hundred thousand dollars public liability and fifty thousand
dollars property damage insurance policies with riders attached to the policies
8 designating the City as an additional assured insured under this Chapter, and a copy
of the requisite permit from the State Fire Marshal.
9 (Ord. 2884 §3, 1968.)
10 8.60.040 Licenses - Notice of granting or rejection.
11 Applicants for any such license shall be notified by the City Clerk's office by April 15th of the
granting or rejection of such application for a license. (Ord. 2884 §4, 1968)
12
8.60.050 License - Prerequisites to issuance.
13
The following qualifications must be met by each applicant for a license issued under this
14 Chapter:
15 A. No license shall be issued to any person, firm or corporation except nonprofit
associations or corporations organized primarily for veteran, patriotic, welfare, civic
16 betterment, or charitable purposes.
17 B. Each such organization must have its principal and permanent meeting place in the
corporate limits of the City and must have been organized and established in the City's
18 corporate limits for a minimum of one year continuously preceding the filing of the
application for the license, and must have a bona fide membership of at least twenty
19 members.
20 C. No organization may receive more than one license for fireworks sale during any one
calendar year. One license may be issued to two or more qualifying applicants as a
21 joint venture. The maximum number of licenses which may be issued pursuant to this
Chapter during any one calendar year shall not exceed one license for each four
22 thousand residents of the City, or fraction thereof, based on the latest Department of
Finance, State of California census estimate. If the number of applications exceed the
23 number of licenses to be issued, the licensees during the preceding year shall have first
priority for the available licenses. A licensee shall retain its priority from year to year
24 only so long as the licensee continues to represent each and all of the participating
organizations which operated under the license during the preceding year. Each
25 participating organization shall be deemed to be a co-licensee and joint venturer with
the licensee claiming first priority and shall have the same duties and liabilities under
26 the license. Any change in organizations within the joint venture shall constitute a
change causing that joint venture to lose its priority. If there are any additional
27 licenses available after priority organizations have been considered, such additional
licenses shall be granted by a drawing supervised by the City Clerk. Any prior
28 licensee, the license of which has been suspended under the provisions of§8.60.055,
2
1 shall lose its priority, and shall be eligible for a new license only upon satisfying the
Fire Chief that suitable arrangements have been made to preclude future violations.
2 If the Fire Chief certifies his satisfaction, such licensee shall be permitted to compete
with other additional applicants for such additional licenses as may be available
3 through the drawing.
(Ord. MC-219, 11-1-82; Ord. 3236, 1972, Ord. 2884 §5, 1968.)
4
8.60.055 Suspension of license - Appeal procedure.
5
A. The Fire Chief or his designee shall be authorized to suspend immediately and without
6 notice or formal hearing the license of any licensee which violates any rule, regulation
or ordinance while operating or preparinU to operate a fireworks stand during or
7 immediately preceding any period of sale. If the Fire Chief or his designee establishes
that a violation has occurred too late to suspend the license during the period of sale,
8 he shall have power to suspend the licensee from future licenses, and to suspend the
priority of the licensee, for any such violation found to have occurred during or
9 immediately preceding or immediately following the authorized period of sale.
10 B. The decision of the Fire Chief or his designee to suspend the license of any licensee
shall be subject to review by the City Administrator, forthwith. In view of the limited
11 sales period each year, for suspensions affecting the sale period, such hearing shall be
held at the earliest possible time that the licensee, City Administrator or his designee,
12 and the representative of the Fire Chief can schedule a meeting for such review. For
suspensions after the sale period, the hearing shall be held within one month after the
13 request for hearing, which request must be made within fifteen days after notice of the
suspension. The City Administrator, or his designee, is authorized to set aside the
14 suspension, or to modify the suspension by limiting its effect to only one or more
days, or by setting aside the forfeiture of priority status for future years. The decision
15 of the City Administrator or his designee shall be final, unless appealed to the Mayor
and Common Council under the provisions of Chapter 2.64.
16 (Ord. MC-219, 11-1-82.)
17 8.60.060 Operation of stand.
18 A. It is unlawful for the licensee organization to permit any person other than the licensee
organization to operate the stand for which the license is issued or to otherwise
19 participate in the profits of the operation of such stand.
20 B. It is unlawful for the licensee organization to permit any person other than the
individuals who are members of the licensee organization, or the spouses or adult
21 children of such members, to sell or otherwise participate in the sale of fireworks at
such stand.
22
C. It is unlawful for the licensee organization to pay any consideration to any person for
23 selling or otherwise participating in the sale of fireworks at such stand.
(Ord. MC-460, 5-13-85; Ord. 2884 §6, 1968.)
24
8.60.070 Temporary fireworks stands.
25
All retail sales of safe and sane fireworks shall be permitted only from within a temporary
26 fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary
stands shall be subject to the following provisions:
27
A. No fireworks stand shall be located within twenty-five feet of any other building nor
28 within one hundred feet of any gasoline pump.
3
I B. Fireworks stands need not comply with the provisions of the building code of the
City; provided, however, that all stands shall be erected under the supervision of the
Oaperintencl 1_,11t Director of the Department of Development Services or his designee, who
3 shall require that stands be constructed in a manner that will reasonably insure the safety of
attendants and patrons.
4
C. No stand shall have a floor area in excess of three hundred square feet.
5
D. Each stand in excess of twenty-four feet in length must have at least two exits; and
6 each stand in excess of forty feet in length must have at least three exits spaced
approximately equidistant apart; provided, however, that in no case shall the distance
7 between exits exceed twenty-four feet.
8 E. Each stand shall be provided with two two-and-one half-gallon soda-and-acid or
water pressure type fire extinguishers, underwriter approved, in good working order
9 and easily accessible for use in case of fire.
10 F. No stand shall be located and no fireworks shall be suld o, dischaiged along or nort!
of 40th Street.
11 (Ord. MC-1027, 9-8-98; Ord. 2884 §7, 1968.)
12 8.60.080 General requirements for licensees.
13 A. All weeds and combustible material shall be cleared from the location of the stand
including a distance of at least twenty feet surrounding the stand.
14
B. "No Smoking" signs shall be prominently displayed on the fireworks stand.
15
C. Each stand must have an adult in attendance and in charge thereof while fireworks are
16 stored therein. Sleeping or remaining in the stand after close of business each day is
forbidden.
17
D. The sale or discharge of fireworks shall not begin before twelve noon on the 28th
18 day of June and shall not continue after twelve midnight noon on the 5th day of July.
19 E. All unsold stock and accompanying litter shall be removed from the location by five
p.m. on the 6th 5thday of July.
20
F. The fireworks stand shall be removed from the temporary location by twelve noon on
2 t the 18th day of July, and all accompanying litter shall be cleared from the location by
said time and date.
22
G. Prior to the issuance of a license, each applicant shall file with the City Clerk a cash
23 deposit, certificate of deposit or a surety bond made payable to the City in amount of
one hundred dollars to assure compliance with the provisions of this Chapter. Such
24 deposit or certificate shall be refundable upon compliance with the provisions and
requirements of this Chapter, including but not limited to the removal of the stand and
25 the cleaning of the site. In the event the licensee does not so comply or remove the
stand or clean the site, in the manner required by the Director of the
26 Development Services Department, the City may do so, or cause the same to be done
by other persons, and the reasonable cost thereof shall be a charge against the licensee
27 and his surety and the deposit, certificate or bond.
(Ord. MC-1027, 9-8-98; Ord. 2884 §8, 1968.)
28
4
1 8.60.090 License tax.
2 The license tax for the selling of fireworks within the City shall be two hundred dollars per
as set by resolution, which fee must be paid at the time application for a stand is filed
3 with the City Clerk's office. (Ord. 2884 §9, 1968.)
4 8.60.100 Temporary sales tax permit required.
5 Organizations licensed for the selling of fireworks are required to obtain a temporary sales
tax permit from the San Bernardi o offfilice of'the State Board of Equalization. (Ord. 2884 §10,
6 1968.)
7 8.60.110 Display of license and sales tax permit.
8 The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent
place in the fireworks stand. (Ord. 2884 §11, 1968.)
9
8.60.120 Permissible locations for discharge.
10
A. The use of fireworks in the City shall be limited to private property except as
11 otherwise provided in this Chapter. No fireworks shall be discharged on public,
semipublic or private open areas such as parking lots, vacant properties or in a public
12 street or right-of-way, or in public parks except when specifically permitted for public
display, and except those areas approved by the Chief Engineer of the Fire
13 Department.
14 B. No fireworks shall be sold or discharged in the ard area described
Hazardous Fire Area as defined in Section 3.0-7.t.)v allu within the a,ea bounded
15 ,
commonly Known as Perris Hill 15.16.115 of this Code.
16
17 ,
San Beinardino Fire Ile �n rsuant to Health and Safety Code Section
18
(Ord. MC 966, 4-15-96; Ord. MC-965, 4-1-96; Ord. MC-788, 6-3-91; OrT Or . MC-785, 5-20-91.)
19
8.60.130 Prohibitions of discharge.
20
It is unlawful for any person to ignite, explode, protect, or otherwise fire or use, any
21 fireworks, or permit the ignition, explosion or projection thereof upon or over or onto the property
of another without his consent, or to ignite, explode, project, or otherwise fire or make use of any
22 fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by
human beings. (Ord. 2884 §13, 1968.)
23
8.60.140 Reference to determination of safe and sane fireworks.
24
Reference is made to provisions of Ordinance 2704 and the Fire Prevention Code Section
25 12500 et seq. of the Health and Safety Code, which prohibit and regulate fireworks not defined as
safe and sane. (Ord. 2884 §14, 1968.)
26
27
28
5
1 8.60.150 Violation - Penalty.
2 A. Any person violating any provision of this Chapter is guilty of an infraction for the
first offense, which upon conviction thereof is punishable in accordance with the
3 provisions of Section 1.12.010 of this Code.
4 B. Any subsequent violation of this Chapter by that same person within a three year
period is guilty of a misdemeanor, which upon conviction thereof is punishable in
5 accordance with the provisions of Section 1.12.010 of this Code.
(Ord. MC-1022, 5-18-98; Ord. MC-460, 5-13-85; Ord. 2884 §15, 1968)
6
7 Chapter 8.63
EXPLOSIVES AND FIRES
s
9 Sections
8.63.010 Permit - Required when.
10 8.63.020 Compliance with permit required.
8.63.030 Fires to be kept under control.
11 8.63.040 Permit required in high fire ha Hazardous Fire Area.
8.63.050 Fires on brush or grasslands or forest
12 covered lands.
8.63.060 Blasting - Permit required.
13 8.63.070 Smoking within high fire hazard Hazardous Fire Area.
8.63.080 Removal and disposition of ashes in high fire razard Hazardous
14 Fire Area.
8.63.090 Use of chimney or heat producing appliance
15 in high fire ha Hazardous Fire Area.
8.63.100 Maintenance of fire protection of firebreak
16 required when.
8.63.110 (Repealed by MC-28, 1981)
17 8.63.120 Placement of inflammable material in high fire ha Hazardous
Fire Area.
18 8.63.130 High Hazardous Fire Area described.
8.63.140 Violation - Penalty.
19
8.63.010 Permit - Required when.
20
It is unlawful for any person, firm or corporation at any time to light a fire or fires or use fire
21 for the clearing of land or to burn brush, slash, fallen timber, grass, or other inflammable material,
within the City, without first having obtained a written permit from the City Fire Department; that
22 nothing in this section shall prevent the use of proper and lawful fires for safe domestic purposes;
further provided, that no permit will be necessary to burn inflammable material in properly
23 constructed incinerators, outdoor water heating units, cooking grills and other similar devices having
chimneys covered with spark arresters consisting of galvanized or copper screening of a mesh not
24 larger than a quarter of an inch, and openings such as doors, to be spark tight and otherwise approved
by the Fire Department, and where the land around such incinerator, outdoor water heating units,
25 cooking grills and other similar devices is cleared of all inflammable material within a radius of at least
ten feet. (Ord. 1988 §l, 1953.)
26
8.63.020 Compliance with permit required.
27
It is unlawful for any person, firm or corporation after having obtained a written permit as
28 provided in Section 8.63.010 to burn at any time or in any place or in any manner other than that set
6
I forth in such permit. (Ord. 2192, 1957; Ord. 1988 §1-1/2, 1953.)
2 8.63.030 Fires to be kept under control.
3 It is unlawful for any person, firm or corporation in the City to allow or permit any fire
attended by him or it to escape from his or its control. (Ord. 1988 §2, 195').)
4
8.63.040 Permit required in high fire ha Hazardous Fire Area.
5
It is unlawful for any person, firm or corporation within the City, within the high fire haz
6 Hazardous Fire Area, as defined in Section 8.63.130, to make, kindle, ignite, light or build or use
any camp fire, bonfire, or any other out-of-door fire without first obtaining a written permit from the
7 City Fire Department. (Ord. 1988 §3, 195').)
8 8.63.050 Fires on brush or grasslands or forest covered lands.
9 It is unlawful for any person, firm or corporation, in the City, to set or ignite camp fires or
other fires on any brush or grasslands or forest covered lands, or upon any public roads or highways,
10 except at such places as are or may be designated by the City Fire Department, and a permit issued
therefor in writing. (Ord. 1988 §4, 1953.)
11
8.63.060 Blasting - Permit required.
12
It is unlawful for any person, firm or corporation, within the City, at any time to blast with
13 dynamite, powder or other explosive without first having obtained a written permit from the Fire
Department. (Ord. 1988 §5, 1953.)
14
8.63.070 Smoking within high fire ha Hazardous Fire Area.
15
It is unlawful for any person firm or corporation, within the boundaries of the
16 Hazardous Fire Area described in Section 8.63.130 between the 1 st day of May and the last day of
December of each and every year to smoke a cigar, cigarette, tobacco, or any other substance in any
17 form, except at designated and improved camp grounds, or occupied places of habitation; provided,
however, that such designated and improved camp grounds, and places of habitation, within the
18 meaning of this Chapter, will only include those portions of designated and improved camp grounds
and places of habitation which are cleared of all inflammable materials and vegetation, as provided
19 in Section 8.63.100; and it is unlawful for any person in the City to throw, place or cause to be placed
upon any grass, brush or forest covered lands, or upon any road or trail traversing such grass, brush
20 or forest covered lands, any lighted or burning match, cigar, cigarette, or any burning substance
without first extinguishing the same. (Ord. 1988 §6, 1953.)
21
8.63.080 Removal and disposition of ashes in high fire hn Hazardous Fire Area.
22
It is unlawful for any person, firm or corporation, within the irigh fn-e Hazard Hazardous Fire
23 Area to remove ashes from stoves, fireplaces, heaters, grills, or any other like device in which burning
has been done, and to dispose of such ashes or waste from such device out of doors, until such ashes
24 or waste have been placed in a metal or other fireproof receptacle and soaked in water for at least
twenty-four hours. (Ord. 1988 §7, 1953.)
25
8.63.090 Use of chimney or heat producing appliance in high fire haka.-d Hazardous Fire
26 Area.
27 It is unlawful for any person, firm or corporation within the City, within the high fire haz
Hazardous Fire Area, as defined in Section 8.63.130, to use any chimney in con unction with any
28 fireplace, incinerator or any heat producing appliance in which solid fuel is used upon any cabin,
7
I house, hotel, building, structure, or premises unless maintained with a spark arrester constructed with
heavy wire, mesh or other noncombustible material of at least nineteen gauge, with openings not to
2 exceed one-half inch, mounted in or over all outside flue openings in a vertical or near vertical
position visible from the ground. (Ord. 3155 (part), 1971; Ord. 1988 §8, 1953.)
8.63.100 Maintenance of fire protection or firebreak required when.
4
Any person, firm or corporation, owning, leasing, using, controlling, or operating any cabin,
5 house, hotel, house trailer, apiary, or other building, structure or improvement in the high fire haz
Hazardous Fire Area, shall at all times maintain upon his said land or adJJ'acent to the cabin, house,
6 improvement or structure, an effective fire protection or firebreak; such f re protection or firebreak
is to be made by remuvina all inflammable vegetation or growth or other inflammable materials or
7 vegetation from the ground around the buildings, structures and improvements for a distance of not
less than thirty feet from the exterior wads of the buildings, structures, house trailers and
8 improvements, the aforementioned fire protections or firebreak shall cover all lands situated between
the building structures and the property boundary; provided, however, that this section shall not apply
9 to trees, except where dead or where the foliage of the trees are within ten feet of the chimney, nor
shall it apply to evergreen vegetation where growing and presented for decorative effect. (Ord. 1988
10 §9, 1953.)
11 8.63.110 (Repealed by MC-28, 1981.)
12 8.63.120 Placement of inflammable material in high ire hazard Hazardous Fire Area.
13 A. It is unlawful for any person, firm or corporation in the high fire haz Hazardous
Fire Area, as defined in Section 8.63.130, to place or cause to be placed on his own
14 land, or on the land of another, any rubbish, paper, sawdust, shavings, boxes,
ppetroleum products not in closed containers, or residue, fallen timber, slash,
15 limbwood, branches of trees, brush, grass, litter or other inflammable material, except
at places and in the manner designated by the City Fire Department, and all such
16 inflammable material shall be effectively destroyed by fire at such time and in such a
manner as shall be designated by the Fire Department after securing a permit from
17 said Department.
18 B. Any such rubbish, paper, sawdust, shavings, boxes, petroleum products or residue,
fallen limbs, slash, limbwood, branches of trees, brush, grass, litter or other
19 inflammable material placed, caused to be placed or existing on any land, contrary to
the provisions of this Chapter is a public nuisance and shall be abated pursuant to law.
20 (Ord. 1988 §11, 1953.)
21 8.63.130 High fire hazard Hazardous Fire Area described.
22 All of deternined to be the�
� HAZARDOUS FIRE AREA is land which is covered
23 with grass, grain brush or forest, whether privately or publicly owned, which is so situated or
is of such inaccessible location that fire originating upon such land would present an
24 abnormally difficult job of suppression or would result in great and unusual damage through
fire or resulting erosion. Such areas are designated as follows:
25
A. All that area within the City lying north of a line extending easterly from the west City
26 limits to the east City limits and bounded on the south side by streets and highways
as follows:
27
28 League;
8
I southerly to the confluence of North Park Boulevard,, North Part, Boulevard to
Electric Avenue and 50th Street, 50th Street to Nit. Vievv A-Venue, Mt. Vievv Avenue
2 to 54th Street; 54th Street to I f ill Drive; 1 hll Drive to Waterman Avenue;-Waterniall
Avenue to 40th Street-, 40th Street to eonejo Street, eon *o Street t Andreas,
easterly along 24crid,eas Street in a line to intersect t f Bonit
Vista Street, easterly along Bonita Vista Street in a line to intersect'Foothill Drive at
4 Sterling Avenue; Foothill Drive to 74trden Street; Arden Street to Nfarshall Boulevard;
Maishall Boulevard to Victoiia Avenue, Victoria Avenue to Piedillont Drive,
5 Piedniont Drive cast to the centerline of Denair Avenue extending north to Piedmont
Drive, thence south along the centeiline of Denaii Avenue to Highland Avenue;
6 thence cast and southeasterly along the centerl-ine 01 111gluallu 11ventle to flu"
cerrtei i-in��f C-fr�e1 Sty ect
7
Barstow Freeway from West City limits to the intersection of Palm
8 Avenue and the Barstow Freeway; Northerly from the Barstow Freeway on
Palm Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and
9 transition Easterly from the intersection of Kendall Drive and 40th Street; on
40th Street; and continue Easterly to Mountain Avenue; from the intersection
10 of 40th Street and Mountain Avenue; Southerly on Mountain Avenue to 39th
Street; Easterly on 39th Street to Del Rosa Avenue; Southerly from the
1 l intersection of 39th Street to Marshall Boulevard; Easterly from the intersection
of Del Rosa Avenue and Marshall Boulevard on Marshall Boulevard; Marshall
12 Boulevard to Victoria Avenue; Victoria Avenue to Piedmont Drive; Piedmont
Drive East to Diablo Drive; Diablo Drive East to El Toro Street extending East
13 to Highway 330; Highway 330 South to Highland Avenue; thence East and
South-easterly along the centerline of Highland Avenue to the centerlline of
14 Church Street.
15 B. Inclusive of area beginning at the intersection of Pacific Street and Del
Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill Park
16 Road North in a line to intersect Highland Avenue; Highland Avenue East to
Del Rosa Avenue; Del Rosa Avenue South to Pacific Street.
17
C. Inclusive of area beginning at the intersection of Little Mountain Drive
18 and Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to
Electric Avenue; Electric Avenue South to Thompson Place; Thompson Place
19 West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th Street
West to F" Street; "F" Street South to 33rd Street; 33rd Street West to "H"
20 Street; "H" Street South to Marshall Boulevard; Marshall Boulevard West in
a line to intersect Cajon Boulevard; Cajon Boulevard West to University
21 Parkway/State Street; University Parkway North to State Street; State Street
North to Morgan Road; Morgan Road East to Little Mountain Drive; Little
22 Mountain Drive North to Kendall Drive.
23 , whether publicly or privately qwned, which the Fi,e Chie
UL Ill%::;I LIU 4131epartment deterniines to be so situated or so inaccessible that a fire upon
24 said, Land could pl-eselitL an abnormally difficult task of fire S�PP!7ssloi Such
-eas shall be designated on a rnap available to I,,%, public allu
144*tional land a,
25 Maintained y the Fire Department a"be eentral Fire Station; 200 East Third Street,
26 of any such LLIVIAUL IUIIU a1UCL LV L11%, %-Ity elerk who.311MI povide fbr public
27 6861.
28
9
MOMMOMMEMONWAMEMMM
I D. Hazardous Fire Areas shall be inclusive of any additional land area,
whether publicly or privately owned, which the Fire Chief of the Fire
2 Department determines to be so situated or so inaccessible that fire upon said
land could present an abnormally difficult task of fire suppression. Such
3 additional land areas shall be designated on a map available to the public and
maintained by the Fire Department at the Central Fire Station, 200 East Third
4 Street, San Bernardino. The Fire Chief shall provide a written description of
the boundaries of any additional land area to the City Clerk who shall provide
5 for publication of notice thereof pursuant to the provisions of California
Government Code Section 6061.
6 (Ord. MC-488, 12-16-85; Ord. 3869 §1, 1979; Ord. 3611, 1976, Ord. 3155 (part), 1971; Ord.
1988 §12, 1953.)
7
8.63.140 Violation - Penalty.
8
Any person, firm or corporation violating any provision of this Chapter is guilty of an
9 infraction, which upon conviction thereof is punishable in accordance with the provisions of Section
1.12.010 of this Code. (Ord. MC-460, 5-13-85; Ord. 1988 §13, 1953.)
10
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• Fc ,O I A O.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO FIREWORKS, EXPLOSIVES AND FIRES.
1
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
2
DO ORDAIN AS FOLLOWS-
3
4 SECTION 1. Chapter 8.60 of the San Bernardino Municipal Code is hereby amended to
read as follows:
5
6 "CHAPTER 8.60
7 Sections: FIREWORKS
8 8.60.010 Location of Sales and Discharge of Fireworks.
8.60.015 Sale of Fireworks to Minors Prohibited;
9 Identification Required.
8.60.020 License- Required.
10 8.60.030 License- Application - Public liability insurance.
8.60.040 License- Notice of ranting or rejection.
11 8.60.050 License- Prerequisites to issuance.
8.60.055 Suspension of license - Appeal procedure.
12 8.60.060 Operation of stand.
8.60.070 Temporary fireworks stands.
13 8.60.080 General requirements for licensees.
8.60.090 License tax.
14 8.60.100 Temporary sales tax permit required.
8.60.110 Display of license and sales tax permit.
15 8.60.120 Permissible locations for discharge.
8.60.130 Prohibitions on discharge.
16 8.60.140 Reference to determination of safe and sane fireworks.
17 8.60.150 Violation - Penalty.
18 8.60.010 Location of Sales and Discharge of Fireworks.
19 Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the
state may be sold and discharged within the City, except that such use or sale shall not be allowed
20 in the Hazardous Fire Area as defined in Section 15.16.115 of this Code. (Ord. MC-1022, 5-18-98,
21 11-1-82; Ord. 2884 §1, 1968.)
22 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required.
23 The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of
24 identification is required at time of purchase. (Ord. MC-1022, 5-18-98)
25 8.60.020 License- Required.
26 Except as provided in this Chapter, it is unlawful for any person to offer for sale or sell at
retail any fireworks of any kind in the City without having first applied for and received a license
27 from the City Clerk. (Ord. MC-460, 5-13-85; Ord. 2884 §2, 1968.)
28
HE/dcmlfire.ord2l b, 33
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 8.60.030 License - Application - Public liability insurance.
2 All applications for a license to sell fireworks shall:
3 A. Be made in writing accompanied by a fee to be set by resolution; the fee is
not for the purpose of revenue but will defray the cost of a fire department
4 inspection.
5 B. Be made between the first day and the last day of March of each year
except when the last day falls on a Saturday or Sunday, the following
6 business day shall be determined to be the last day;
7 C. Set forth the proposed location of the fireworks stand applied for. The
stands must be on rivate pro ert located in Commercial General (CG)
8 or Commercial Regional( CR�General Plan Land Use Districts and the
written permission of the owner of record or lessee must accompany the
9 application;
10 D. Be accompanied by an assurance that if the license is issued to applicant,
applicant shall, at the time of receipt of the license, deliver to the City
11 Clerk's office one hundred thousand/three hundred thousand dollars public
liability and fifty thousand dollars property damage insurance policies with
12 riders attached to the policies designating the City as an additional insured
under this Chapter, and a copy of the requisite permit from the State Fire
13 Marshal.
14 (Ord. 2884 §3, 1968.)
15 8.60.040 Licenses - Notice of granting or rejection.
16 Applicants for any such license shall be notified by the City Clerk's office by April l 5th of
17 the granting or rejection of such application for a license. (Ord. 2884 §4, 1968)
18 8.60.050 License- Prerequisites to issuance.
19 Chapter: The following qualifications must be met by each applicant for a license issued under this
20
A. No license shall be issued to any person, firm or corporation except
21 nonprofit associations or corporations organized primarily for veteran,
22 patnotic, welfare, civic betterment, or charitable purposes.
B. Each such organization must have its principal and permanent meeting
23 place in the corporate limits of the City and must have been organized and
established in the City's co orate limits for a minimum of one year
24 continuously preceding the fifing of the application for the license, and
25
must have a bona fide membership of at least twenty members.
C. No organization may receive more than one license for fireworks sale
26 during any one calendar year. One license may be issued to two or more
2 7 qualifying applicants as a Iomt venture. The maximum number of licenses
which may be issued pursuant to this Chapter during any one calendar year
28
2
HEMcmlrim.ord21
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 shall not exceed one license for each four thousand residents of the City,
or fraction thereof, based on the latest Department of Finance, State of
2 California census estimate. If the number of applications exceed the
number of licenses to be issued, the licensees during the preceding year
3 shall have first priority for the available licenses. A licensee shall retain its
priority from year to year only so long as the licensee continues to
4 represent each and all of the participating organizations which operated
under the license during the preceding year. Each participating
5 organization shall be deemed to be a co-licensee and point venturer with the
licensee claiming first priority and shall have the same duties and liabilities
6 under the license. Any change in organizations within the joint venture
shall constitute a Change causing that point venture to lose its priority. If
7 there are an additional licenses available after priority organizations have
been considered, such additional licenses shall be granted by a drawing
8 supervised by the City Clerk. Any prior licensee, the license of which has
been suspended under the provisions of 8.60.055, shall lose its priority,
9 and shall be eligible for a new license only upon satisfying the Fire Chief
that suitable arrangements have been made to preclude future violations.
10 If the Fire Chief certifies his satisfaction, such licensee shall be permitted
to compete with other additional applicants for such additional licenses as
11 may be available through the drawing.
12 (Ord. MC-219, 11-1-82; Ord. 3236, 1972; Ord. 2884 §5, 1968.)
13 8.60.055 Suspension of license - Appeal procedure.
14 A. The Fire Chief or his designee shall be authorized to suspend immediately
and without notice or formal hearing the license of any licensee which
15 violates any rule, regulation or ordinance while operating or preparing to
operate a fireworks stand during or immediately preceding any period of
16 sale. If the Fire Chief or his designee establishes that a violation has
occurred too late to suspend the license during the period of sale, he shall
17 have power to suspendthe licensee from future licenses, and to suspend
the priority of the licensee, for any such violation found to have occurred
18 during or immediately preceding or immediately following the authorized
19 period of sale.
B. The decision of the Fire Chief or his designee to suspend the license of any
20 licensee shall be subject to review by the City Administrator, forthwith. In
view of the limited sales period each year, for suspensions affecting the sale
21 period, such hearing shall be held at the earliest possible time that the
licensee, City Administrator or his designee, and the representative of the
22 Fire Chief can schedule a meeting for such review. For suspensions after
the sale period,the hearing shall be held within one month after the request
23 for hearing, which request must be made within fifteen days after notice of
the sus ension. The City Administrator, or his designee, is authorized to
24 set aside the suspension, or to modify the suspension by limiting its effect
to only one or more days, or by setting aside the forfeiture of priority tatus
25 for future years. The decision of the City Administrator or his designee
shall be final, unless appealed to the Mayor and Common Council under
26 the provisions of Chapter 2.64.
27 (Ord. MC-219, 11-1-82.)
28
3
HEMcm[fim.ordll
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 8.60.060 Operation of stand.
2 A. It is unlawful for the licensee organization to permit any person other than
the licensee organization to operate the stand for which the license is issued
3 or to otherwise participate in the profits of the operation of such stand.
4 B. It is unlawful for the licensee organization to permit any person other than
the individuals who are members of the licensee organization, or the
5 spouses or adult children of such members, to sell or otherwise participate
in the sale of fireworks at such stand.
6
C. It is unlawful for the licensee organization to pay any consideration to any
7 person for selling or otherwise participating in the sale of fireworks at such
stand.
8 (Ord. MC-460, 5-13-85; Ord. 2884 §6, 1968.)
9
10 8.60.070 Temporary fireworks stands.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary
11 fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary
12 stands shall be subject to the following provisions:
A. No fireworks stand shall be located within twenty-five feet of any other
13 building nor within one hundred feet of any gasoline pump.
14 B. Fireworks stands need not comply with the provisions of the building code
of the City; provided, however, that all stands shall be erected under the
15 supervision of the Director of the Department of Development Services or
his or her designee, who shall require that stands be constructed in a
16 manner that will reasonably insure the safety of attendants and patrons.
17 C. No stand shall have a floor area in excess of three hundred square feet.
18 D. Each stand in excess of twenty-four feet in length must have at least two
exits; and each stand in excess of forty feet in length must have at least
19 three exits spaced approximately equidistant apart; provided, however, that
20 in no case shall the distance between exits exceed twenty-four feet.
E. Each stand shall be provided with two two-and-one half-gallon water
21 pressure type fire extinguishers, underwriter approved, in good working
order and easily accessible for use in case of fire.
22 (Ord. MC-1027, 9-8-98; Ord. 2884 §7, 1968.)
23
24 8.60.080 General requirements for licensees.
A. All weeds and combustible material shall be cleared from the location of
25 the stand including a distance of at least twenty feet surrounding the stand.
26 B. "No Smoking" signs shall be prominently displayed on the fireworks stand.
27 C. Each stand must have an adult in attendance and in charge thereof while
28
4
HEMcm[fim.ord21
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 fireworks are stored therein. Sleeping or remaining in the stand after close
2 of business each day is forbidden.
D. The sale or discharge of fireworks shall not begin before twelve noon on
3 the 28th day of June and shall not continue after twelve noon on the 5th
4 day of July.
E. All unsold stock and accompan ing litter shall be removed from the
5 location by five p.m. on the 5th day of July.
6 F. The fireworks stand shall be removed from the temporary location by
twelve noon on the 18th day of July, and all accompanying litter shall be
7 cleared from the location by said time and date.
8 G. Prior to the issuance of a license, each applicant shall file with the City
Clerk a cash deposit, certificate of deposit or a surety bond made payable
9 to the City in amount of one hundred dollars to assure compliance with the
provisions of this Chapter. Such deposit or certificate shall be refundable
10 upon compliance with the provisions and requirements of this Chapter,
including but not limited to the removal of the stand and the cleaning of the
11 site. In the event the licensee does not so comply or remove the stand or
clean the site, in the manner required by the Director of the Development
12 Services Department, the City may do so, or cause the same to be done by
other persons, and the reasonable cost thereof shall be a charge against the
13 licensee and his surety and the deposit, certificate or bond.
14 (Ord. MC-1027, 9-8-98; Ord. 2884 §8, 1968.)
15 8.60.090 License tax.
16 The license tax for the selling of fireworks within the City shall be as set by resolution,
which fee must be paid at the time application for a stand is filed with the City Clerk's office. (Ord.
17 2884 §9, 1968.)
18 8.60.100 Temporary sales tax permit required.
19 Organizations licensed for the selling of fireworks are required to obtain a temporary sales
20 tax permit from the State Board of Equalization. (Ord. 2884 §10, 1968.)
21 8.60.110 Display of license and sales tax permit.
The license to sell fireworks and temporary sales tax permit shall be displayed in a
22 prominent place in the fireworks stand. (Ord. 2884 §11, 1968.)
23 8.60.120 Permissible locations for discharge.
24 A. The use of fireworks in the City shall be limited to private property except
as otherwiseprovided in this Chapter. No fireworks shall be discharged on
25 public, sermpublic or private open areas such as parking lots, vacant
properties or in a public street or right-of-way, or in public parks except
26 when specifically permitted for public display, and except those areas
27 approved by the Chief Engineer of the Fire Department.
28
s
HEMcm1fim.ord21
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 B. No fireworks shall be sold or discharged in the Hazardous Fire Area as
defined in Section 15.16.115 of this Code.
2 (Ord. MC 966, 4-15-96; Ord. MC-965, 4-1-96; Ord. MC-788, 6-3-91, Ord. MC-785, 5-20-91.)
3 8.60.130 Prohibitions of discharge.
4 It is unlawful for any person to ignite, explode, project, or otherwise fire or use, any
fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property
5 of another without his consent, or to ignite, expllode, project, or otherwise fire or make use of any
fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by
6 human beings. (Ord. 2884 §13, 1968.)
7 8.60.140 Reference to determination of safe and sane fireworks.
8 Reference is made to provisions of Section 12500 et seq. of the Health and Safety Code,
9 which prohibit and regulate fireworks not defined as safe and sane. (Ord. 2884 §14, 1968.)
10 8.60.150 Violation - Penalty.
11 A. Any person violating any provision of this Chapter is guilty of an infraction
for the first offense, which upon conviction thereof is punishable in
12 accordance with the provisions of Section 1.12.010 of this Code.
13 B. Any subsequent violation of this Chapter by that same person within a
three year period is guilty of a misdemeanor, which upon conviction
14 thereof is punishable in accordance with the provisions of Section 1.12.010
of this Code.
15 (Ord. MC-1022, 5-18-98; Ord. MC-460, 5-13-85; Ord. 2884 §15, 1968.)"
16
17 SECTION 2. Chapter 8.63 of the San Bernardino Municipal Code is hereby amended to
read as follows:
18
"Chapter 8.63
Sections:
19 EXPLOSIVES AND FIRES
20
8.63.010 Permit- Required when.
21 8.63.020 Compliance with permit required.
8.63.030 Fires to be kept under control.
22 8.63.040 Permit required in Hazardous Fire Area.
8.63.050 Fires on brush or grasslands or forest
23 covered lands.
8.63.060 Blasting - Permit required.
24 8.63.070 Smoking within Hazardous Fire Area.
8.63.080 Removal and disposition of ashes in Hazardous Fire Area.
25 8.63.090 Use of chimney or heat producing appliance
in Hazardous Fire Area.
26 8.63.100 Maintenance of fire protection of firebreak
required when.
27 8.63.110 (Repealed by MC-28, 1981)
28
6
HE/dcmJrtre.ord2]
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 8.63.120 Placement of inflammable material in Hazardous Fire Area.
8.63.130 Hazardous Fire Area described.
2 8.63.140 Violation - Penalty.
3 8.63.010 Permit - Required when.
4 It is unlawful for any person, firm or corporation at any time to light a fire or fires or use
fire for the clearing of landyor to burn brush, slash, fallen timber, grass, or other inflammable
5 material, within the City, without first having obtained a written permit from the City Fire
Department; that nothing in this section shall prevent the use of proper and lawful fires for safe
6 domestic purposes; further provided, that no permit will be necessary to burn inflammable material
in properly constructed incinerators, outdoor water heating units, cooking grills and other similar
7 devices having chimneys covered with spark arresters consisting of galvanized or copper screening
of a mesh not larger than a quarter of an inch, and openings such as doors, to be spark tight and
8 otherwise approved by the Fire Department, and where the land around such incinerator, outdoor
water heating units, cooking rills and other similar devices is cleared of all inflammable material
9 within a radius of at least ten eet. (Ord. 1988 §1, 1953.)
10 8.63.020 Compliance with permit required.
11 It is unlawful for any person, firm or corporation after having obtained a written permit as
provided in Section 8.63.010 to burn at any time or in any place or in any manner other than that
12 set forth in such permit. (Ord. 2192, 1957; Ord. 1988 §1-1/2, 1953.)
13 8.63.030 Fires to be kept under control.
14 It is unlawful for any person, firm or corporation in the City to allow or permit any fire
15
attended by him or it to escape from his or its control. (Ord. 1988 §2, 1953.)
16 8.63.040 Permit required in Hazardous Fire Area.
It is unlawful for any person, firm or corporation within the City, within the Hazardous Fire
17 Area, as defined in Section 8.63.130, to make, kindle, ignite, light or build or use any camp fire,
bonfire, or any other out-of-door fire without first obtaining a written permit from the City Fire
18 Department. (Ord. 1988 §3, 1953.)
19
20 8.63.050 Fires on brush or grasslands or forest covered lands.
It is unlawful for any person, firm or corporation, in the City, to set or ignite camp fires
21 or other fires on any brush or grasslands or forest covered lands, or upon any public roads or
highways, except at such places as are or may be designated by the City Fire Department,"and a
22 permit issued therefor in writing. (Ord. 1988 §4, 1953.)
23
24 8.63.060 Blasting- Permit required.
It is unlawful for any person, firm or corporation, within the City, at any time to blast with
25 dynamite, powder or other explosive without first having obtained a written permit from the Fire
26 Department. (Ord. 1988 §5, 1953.)
27 8.63.070 Smoking within Hazardous Fire Area.
28
7
HEMcmirire.ord2]
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 It is unlawful for any person, firm or corporation, within the boundaries of the Hazardous
Fire Area described in Section 8.63.130 between the I st day of May and the last day of December
2 of each and every year to smoke a cigar, cigarette, tobacco, or any other substance in any form,
except at designated and improved camp grounds, or occupied places of habitation; provided,
3 however, that such designated and improved camp grounds, and places of habitation, within the
meaning of this Chapter, will only include those portions of designated and improved camp grounds
4 and places of habitation which are cleared of all inflammable materials and vegetation, as provided
in Section 8.63.100; and it is unlawful for any person in the City to throw, place or cause to be
5 laced upon any grass, brush or forest covered lands, or upon an y road or trail traversing such grass,
brush or forest covered lands, any lighted or burning match, cigar, cigarette, or any burning
6 substance without first extinguishing the same. (Ord. 1988 §6, 1953.)
7 8.63.080 Removal and disposition of ashes in Hazardous Fire Area.
8 It is unlawful for any person, firm or corporation, within the Hazardous Fire Area to
remove ashes from stoves, fireplaces, heaters, grills, or any other like device in which burning has
9 been done, and to dispose of such ashes or waste from such device out of doors, until such ashes
or waste have been placed in a metal or other fireproof receptacle and soaked in water for at least
10 twenty-four hours. (Ord. 1988 §7, 1953.)
11 8.63.090 Use of chimney or heat producing appliance in Hazardous Fire Area.
12 It is unlawful for any person, firm or corporation within the City, within the Hazardous Fire
Area, as defined in Section 8.63.130, to use any chimney in conjunction with any fireplace,
13 incinerator or any heat producing appliance in which solid fuel is used upon any cabin, house, hotel,
building, structure, or premises unless maintained with a spark arrester constructed with heavy wire,
14 mesh or other noncombustible material of at least nineteen gauge, with openings not to exceed one-
half inch, mounted in or over all outside flue openings in a vertical or near vertical position visible
71;
15 from the ground. (Ord. 3155 (part), 19 Ord. 1988 §8, 1953.)
16
17 8.63.100 Maintenance of fire protection or firebreak required when.
Any person, firm or corporation, owning, leasing, using, controlling, or operating any
18 cabin, house, hotel, house trailer, apiary, or other building, structure or improvement in the
Hazardous Fire Area, shall at all times maintain upon his said land or adjacent to the cabin, house,
19 improvement or structure, an effective fire protection or firebreak; such
re protection or firebreak
is to be made by removing all inflammable vegetation or growth or other inflammable materials or
20 vegetation from the ground around the buildings, structures and improvements for a distance of not
less than thirty feet from the exterior walls of the buildings, structures, house trailers and
21 improvements, the aforementioned fire protections or firebreak shall cover all lands situated between
the building structures and the property boundary; provided, however, that this section shall not
22 apply to trees, except where dead or where the foliage of the trees are within ten feet of the
chimney, nor shall it apply to evergreen vegetation where growing and presented for decorative
23 effect. (Ord. 1988 §9, 1953.)
24
25 8.63.110 (Repealed by MC-28, 1981.)
26 8.63.120 Placement of inflammable material in Hazardous Fire Area.
A. It is unlawful for any person, firm or corporation in the Hazardous Fire
27 Area, as defined in Section 8.63.130, to place or cause to be placed on his
28
s
HE/dcm]rim.ord2]
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 own land, or on the land of another, any rubbish, paper, sawdust, shavings,
boxes, petroleum products not in closed containers, or residue, fallen
2 timber, slash, limbwood, branches of trees, brush, grass, litter or other
inflammable material, except at places and in the manner designated by the
3 City Fire Department, and all such inflammable material shall be effectively
destroyed by fire at such time and in such a manner as shall be designated
4 by the Fire Department after securing a permit from said Department.
5 B. Any such rubbish, paper, sawdust, shavings, boxes, petroleum products or
residue, fallen limbs, slash, limbwood, branches of trees, brush, grass, litter
6 or other inflammable material placed, caused to be placed or existing on
any land, contrary to the provisions of this Chapter is a public nuisance and
7 shall be abated pursuant to law.
8 (Ord. 1988 §11, 1953.)
9 8.63.130 Hazardous Fire Area described.
HAZARDOUS FIRE AREA is land which is covered with grass, grain brush or forest,
10 whether privately or publicly owned, which is so situated or is of such inaccessible location that fire
originating upon such land would present an abnormally difficult job of suppression or would result
11 in great and unusual damage through fire or resulting erosion. Such areas are designated as follows:
12 A. All that area within the City lying north of a line extending easterly
from the west City limits to the east City limits and bounded on the south
13 side by streets and highways as follows:
14 Barstow Freeway from West City limits to the intersection of Palm Avenue
and the Barstow Freeway; Northerly from the Barstow Freeway on Palm
15 Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and
transition Easterly from the intersection of Kendall Drive and 40th Street;
16 on 40th Street; and continue Easterly to Mountain Avenue; from the
intersection of 40th Street and Mountain Avenue; Southerly on Mountain
17 Avenue to 39th Street; Easterly on 39th Street to Del Rosa Avenue,
Southerly from the intersection of 39th Street to Marshall Boulevard;
18 Easterly from the intersection of Del Rosa.Avenue and Marshall Boulevard
on Marshall Boulevard; Marshall Boulevard to Victoria Avenue; Victoria
19 Avenue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo
Drive East to El Toro Street extending East to Hi way 330; Highway 330
20 South to Highland Avenue; thence East and South-easterly along the
21 centerline of Highland Avenue to the centerline of Church Street.
B. Inclusive of area beginning at the intersection of Pacific Street and
22 Del Rosa Avenue;Pacific Street West to Perris Hill Park Road; Perris Hill
Park Road North in a line to intersect Highland Avenue; Highland Avenue
23 East to Del Rosa Avenue; Del Rosa Avenue South to Pacific Street.
24 C. Inclusive of area beginning at the intersection of Little Mountain
Drive and Kendall Drive; Kendall Drive East to 40th Street; 40th Street
25 East to Electric Avenue; Electric Avenue South to Thompson Place;
Thompson Place West to Mayfield Avenue; Mayfield Avenue South to
26 36th Street; 36th Street West to F" Street; "F" Street South to 33rd Street;
33rd Street West to "H" Street; "H" Street South to Marshall Boulevard;
27 Marshall Boulevard West in a line to intersect Cajon Boulevard; Cajon
28
9
HEMcm[fim.ord21
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 Boulevard West to University Parkway/State Street; University Parkway
North to State Street; State Street North to Morgan Road; Morgan Road
2 East to Little Mountain Drive, Little Mountain Drive North to Kendall
Drive.
3
D. Hazardous Fire Areas shall be inclusive of any additional land area,
4 whether publicly or privately owned, which the Fire Chief of the Fire
Department determines to be so situated or so inaccessible that fire upon
5 said land could present an abnormally difficult task of fire suppression.
Such additional land areas shall be designated on a map available to the
6 public and maintained by the Fire Department at the Central Fire Station,
200 East Third Street, San Bernardino. The Fire Chief shall provide a
7 written description of the boundaries of any additional land area to the City
Clerk who shall provide for publication of notice thereof pursuant to the
8 pprovisions of California Government Code Section 6061.
(Ord. MC-488, 12-16-85; Ord. 3869 §1, 1979; Ord. 3611, 1976; Ord. 3155 (part), 1971; Ord.
9 1988 §12, 1953.)
10 8.63.140 Violation - Penalty.
11 Any. firm or corporation violating any provision of this Chapter is guilty of an
infraction, which upon conviction thereof is punishable in accordance with the provisions of Section
12 1.12.010 of this Code. (Ord. MC-460, 5-13-85; Ord. 1988 §13, 1953.)" P
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10
HE/dcm]fire.ord2]
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 AND CHAPTER 8.63 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO FIREWORKS, EXPLOSIVES AND FIRES.
1 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a meeting thereof, held on the
3 _ day of , 2000, by the following vote, to wit:
4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
5 ESTRADA
6 LIEN
7 MCGINNIS
8 SCHNETZ
9 SUAREZ
10 ANDERSON
11 MC CAMMACK
12
13 City Clerk
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15 The foregoing Ordinance is hereby approved this— day of , 2000.
16
17 JUDITH VALLES, Mayor
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City of San Bernardino
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Approved as to form
21 and legal content:
22 JAMES PENMAN
23 City t rney
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