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HomeMy WebLinkAboutO-1593 Prohibitig Igniting & Launching of Sky LanternsORDINANCE NO. 1593 (2013 series) AN ORDINANCE AMENDING CHAPTER 15.04 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO PROHIBIT THE IGNITING AND LAUNCHING OF SKY LANTERNS \ryHEREAS, it is the desire and intent of the San Luis Obispo City Council to provide citizens with the greatest degree of protection from hre; and \ryHEREAS, the State Fire Marshal has determined that there is a serious fire and safety hazard associated with sky lanterns, which includes the potential to start unintended fires; and WHEREAS, the Fire Chief has confirmed hostile fires from the use of sky lantems in both the City of San Luis Obispo and San Luis Obispo County; and WHEREAS, the Board of Supervisors of San Luis Obispo County passed a similar ordinance on May 7,2013; and WHEREAS, The City Council desires to protect lands, fields, buildings and homes within the incorporated areas of the City from the danger of hre by prohibiting the igniting and launching of sky lanterns; and WHEREAS, on November 16,2010, the City Council adopted the latest edition of Part 9, Title 24 of the California Building Standards Code, which is known as the California Fire Code, with local additions, amendments and deletions thereto as authorized by the California Health and Safety Code Sections 18941.5 and 17958.5; and WHEREAS, this Ordinance will amend the San Luis Obispo Municipal Code to further amend the California Fire Code to prohibit, with an exception, the igniting and launching of sky lanterns. NO'W, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council hereby incorporates by reference those findings set forth in support of Ordinance No. 1555 (2010 Series) with regard to local climatic, geologic and topographic conditions as required by California Health and Safety Code Section 11958.7, makes further findings as set forth below, and finds that the existence of such conditions in the City makes these amendments to the California Fire Code reasonably necessary to protect the citizens' life, health and property, as follows: A. The wildfire threat in San Luis Obispo is signihcant, as many of the City's edge neighborhoods are exposed to wildland fuels and upslope terrain, all of which combine to pose ongoing fire danger. Examples of these areas are Bishop's Peak, the Prefumo Canyon/Irish Hills Open Space, the Bowden Ranch Open Space, the Cerro San Luis Open Space and the Islay Hill Open Space. o 1593 Ordinance No. 1593 (2013 Series) Page 2 B. The City has a large stock of older homes, many of which have combustible wood shake/shingle roofing and many residential yards, parks and schools are landscaped with highly ignitable vegetation such as juniper, pine and cypress. C. Over the decades the City has, in fact, experienced serious wildfires on its borders. D. There is a serious hre and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. A sky lantern was determined to be the cause of a recent wildf,rre that occurred in Shell Beach on the mountain above Pirates Cove. SECTION 2. Chapter 75.04, Section 15.04.100, of the San Luis Obispo Municipal Code, "Amendments-- California Fire Code", is hereby amended to add subsections, as follows: DDD. Add a new definition to Section 302.1 to read as follows: Sky Lantern. An Airborne lantern typically made of paper with a wood frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air, including "sky candles", "fire balloons", "airborne paper lanterns," and other similar devices designed to be levitated by open flame and released into the air uncontrolled. EEE. Add new Subsection 308.1.6.3 to Section 308.1.6, "Open-flame devices", to read as follows: 308.1 .6.3 Sky lanterns. The ignition and launching of sky lanterns is prohibited within the City Exceptions (1) Upon approval of the f,rre code offrcial, sky lanterns may be used under the following conditions: (A) When necessary for religious or cultural ceremonies and adequate safeguards have been taken in the discretion of the fire code offrcial as deemed necessary to prevent the danger of ignition of combustible materials or injury to persons or property. In every instance, sky lanterns must be tethered in a safe manner to prevent them from leaving the area and must be constantly attended until extinguished. SECTION 3. All other provisions of Chapter 15.04 shall remain unchanged. SECTION 4. The City Council has considered the amendments to Chapter 15.04 that are proposed with respect to the matter described above. The City Council has, as a result of its consideration, the evidence presented at the hearings on said matter, and all comments that were received during the public hearing process, determined that this activity is exempt from review pursuant to CEQA Guidelines section 15061(bX3) which provides that an activity is not subject to CEQA review where it can be seen with certainty that there is no possibility that it may have a Ordinance No. 1593 (2013 Series) Page 3 "significant effect on the environment." The City Council finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The City Council hereby approves this adoption of the above amendments to Chapter 15.04 in accordance with the California Environmental Quality Act. SECTION 5. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by decision of a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 3'd day of September 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the lTth day of Septemb er 2073 on the following roll call vote: AYES: Council Members Ashbaugh, Carpenter and Christianson, Vice Mayor Smith and Mayor Marx NOES: None ABSENT: None Mayor ATTEST: Ø/-"^t- dtZ---¿t-- fhèryll Sclroeder, MMC Interim City Clerk APPROVED AS TO FORM: Dietrick ity Attomey