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Home My WebLink About09-17-2013 c6 adoption of ord 1593 skylanterns FROM: Garret Olson, Fire Chief Prepared By: Rodger Maggio, Fire Marshal SUBJECT: ADOPTION OF ORDINANCE NO. 1593 PROHIBITING THE USE OF “SKY LANTERNS” RECOMMENDATION Adopt Ordinance No. 1593 (2013 Series). DISCUSSION On September 3, 2013, the City Council voted 5-0 to introduce Ordinance No. 1593, amending Chapter 15.04 of the Municipal Code. The ordinance is now ready for final adoption. A summary of Ordinance No. 1593 has been published in the local newspaper as follows: The proposed ordinance adds a new definition of Sky lantern to the San Luis Obispo Municipal Code and a new subsection “Open-flame devices”. Section 308.1.6.3 prohibits ignition and launching of sky lanterns within the City. ATTACHMENT Ordinance No. 1593 (2013 Series) 9/17/2013 C6 - 1 ORDINANCE 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 WHEREAS, it is the desire and intent of the San Luis Obispo City Council to provide citizens with the greatest degree of protection from fire; and WHEREAS, 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 lanterns 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 fire 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. NOW, 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 17958.7, 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 significant, as many of the City’s edge neighborhoods are exposed to wildland fuels and upslope terrain, all of which combine to C6 - 2 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. 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 fire 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 wildfire that occurred in Shell Beach on the mountain above Pirates Cove. Section 2. Chapter 15.04, 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 fire code official, 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 official 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. C6 - 3 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(b)(3) 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 “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. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing ordinance was introduced on September 3, 2013. C6 - 4 ____________________________________ Mayor Jan Howell-Marx ATTEST: ____________________________________ Sheryll Schroeder, Interim City Clerk APPROVED AS TO FORM: _____________________________________ Christine Dietrick, City Attorney C6 - 5 Page intentionally left blank. C6 - 6