Sec. 13-71. - Burning permits required.

It is unlawful for any person to undertake or authorize the undertaking of any open burning within the unincorporated area of the county at any time between May 1st and the date the director of forestry and fire protection declares, by proclamation, that the hazardous fire conditions have abated for that year or at any other time when the director of forestry and fire protection has declared, by proclamation, that unusual fire hazard conditions exist within the region wherein the county is located without first obtaining a written burning permit as follows:

(a)

Within those portions of the unincorporated area of the county in a fire protection district, burning permits shall be obtained from the fire protection district.

(b)

Within those portions of the unincorporated area of the county in a state responsibility area, burning permits shall be obtained from the California Department of Forestry and Fire Protection or, if the location of the open burning is also in a fire protection district and the district is authorized by the California Department of Forestry and Fire Protection to issue such permits, from the fire protection district.

(c)

Within those portions of the unincorporated area of the county not in a fire protection district or state responsibility area, burning permits shall be obtained from Sonoma County's Bay Area Management District.

(d)

If the county fire chief determines that conditions of high fire hazard exist within any or all of the unincorporated area of the county, the county fire chief may suspend the issuance of any burning permit authorized by this section or stay the effect of any such permit already issued or both for such period as the county fire chief deems necessary, not to exceed one hundred fifty (150) days. The county fire chief shall notify the board of supervisors of any such suspension or stay by memorandum within twenty-four (24) hours following its commencement.

(Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

Sec. 13-72. - Hours and days for burning.

All burning permits issued pursuant to this article shall restrict open burning to the hours and days specified by the air pollution control district having jurisdiction.

(Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

Sec. 13-73. - Burning of land of another.

No burning permit shall be issued pursuant to this article for open burning by the applicant upon land owned by another person unless the applicant has the written consent of the owner, lessee or other person in charge or control of the land on which the open burning is to be done.

(Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

Sec. 13-74. - Effect of article on fire protection districts and state responsibilities.

Nothing in this article shall be construed as preventing any fire protection district within the county from adopting an ordinance or ordinances regulating burning containing more restrictive regulations, nor shall anything herein be construed as limiting or releasing the state or the California Department of Forestry and Fire Protection of any responsibility for fire prevention and suppression under the laws of this state.

(Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

Sec. 13-75. - Effect of issuance of permit.

The issuance of any burning permit pursuant to this article shall not be deemed to be a waiver of noncompliance within or authorize violation of any zoning or other law whatsoever or constitute a sanction of or permit for any public or private nuisance.

(Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)

Sec. 13-76. - Burning to be under supervision of responsible person.

All burning for which a permit is required pursuant to this article shall be done under the direction and constant surveillance of a responsible person.

(Ord. No. 5905, § I, 11-2-2010; Ord. No. 5373, § 2, 2002; Ord. No. 4905, § 1, 1995.)