Item No.
AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4I/3-' Trevor Benson, Public Safety Manager
SUBJECT: Second Reading of Ordinance No. 475
2 RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 475, an Ordinance of the City Council of the City of Yucaipa, California, adding Chapter 8.48 (Prohibition on Open Fires) to Title 8 of the Yucaipa Municipal Code.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 475
ATTACHMENT 1
ORDINANCE NO. 475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 8.48 (PROHIBITION ON OPEN FIRES) TO TITLE 8 OF THE YUCAIPA MUNICIPAL CODE
WHEREAS, uncontrolled outdoor fires present significant threats to life, property, and the environment, especially in hillside, canyon, and wildland—urban interface areas within and adjacent to the City; and
WHEREAS, extended drought conditions, elevated temperatures, and seasonal Santa Ana wind events have increased local wildfire risk and the speed at which ignitions can spread, thereby heightening the need for clear and enforceable limits on open burning; and WHEREAS, open burning and unregulated outdoor fires also contribute to diminished air quality and respiratory harms, and local regulation is necessary to align community practices with regional and state air -quality protections; and
WHEREAS, while the California Fire Code (including provisions addressing open burning, recreational fires, and portable outdoor fireplaces) and the South Coast Air Quality Management District's regulations (including designations of "No -Burn Days") govern aspects of outdoor combustion, the City lacks a comprehensive local ordinance clearly defining, limiting, and enforcing open burning under Yucaipa -specific conditions; and WHEREAS, the National Weather Service issues Red Flag Warnings and Fire Weather Watches identifying periods of critical fire danger, during which restrictions on outdoor flames meaningfully reduce ignition risk and protect first responders and the public; and WHEREAS, the City Council finds it necessary to establish local definitions, prohibited conduct, and narrowly drawn exceptions that (1) recognize legitimate, low -risk activities such as safe outdoor cooking and limited recreational fires under prescribed safeguards, and (2) prohibit burning of rubbish, debris, and other hazardous materials; and WHEREAS, the proposed regulations provide the Fire Department and Code Enforcement with clear enforcement tools, including proportionate penalties, officer discretion for warnings, and cost -recovery and nuisance -abatement mechanisms, to prevent, control, and remediate hazardous fire behavior; and
WHEREAS, adoption of a local ordinance will harmonize City rules with the California Fire Code, applicable Air Quality Management District regulations, and National Weather Service alerts, improve public understanding through plain definitions and consistent terminology, and support interagency coordination during high -risk conditions; and WHEREAS, the City Council further finds that adoption of this ordinance is a reasonable, necessary, and properly tailored exercise of the City's police power that is consistent with state law, does not conflict with federal or state regulation, and preserves appropriate discretion and safeguards in enforcement.
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment.
Chapter 8.48, "Prohibition on Open Fires" is hereby added to Title 8 of the Yucaipa Municipal Code to read as follows:
Chapter 8.48
Prohibition on Open Fires
8.48.010 Purpose and fmdings.
A. The City Council finds that uncontrolled outdoor fires threaten life, property, and the environment.
B. Open burning contributes to wildfire risk, diminished air quality, and resource burdens on the Fire Department and Police Department.
C. This Chapter is intended to regulate or prohibit open fires in a manner consistent with the California Fire Code, local Air Quality Management District regulations, and state law.
8.48.020 Definitions.
For purposes of this Chapter:
A. "Open fire" or "open burning" means any fire where products of combustion are emitted directly to the atmosphere and not through an approved chimney, stack, or appliance.
B. "Portable outdoor fireplace" means a portable, outdoor, solid -fuel burning fireplace designed and manufactured for outdoor use, including chimineas, patio fire pits, and similar devices.
C. "Recreational fire" means an outdoor fire burning materials other than rubbish, with a total fuel area of three feet or less in diameter and two feet or less in height, used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
D. "Designated fire area" means a location specifically approved and posted by the Fire Department for use of open flames under prescribed conditions.
E. "No -Burn Day" means any day designated by the South Coast Air Quality Management District under applicable regulations on which open burning is prohibited.
F. "Red Flag Warning" or "Fire Weather Watch" means an alert issued by the National Weather Service indicating critical fire weather conditions.
2 8.48.030 Prohibited conduct.
A. No person shall ignite, kindle, cause to be kindled, or maintain an open fire in any public place, public right-of-way, vacant lot, hillside, canyon, or undeveloped property within the City.
B. No person shall burn rubbish, waste, construction debris, yard clippings, or other prohibited materials at any location within the City.
C. No person shall operate a portable outdoor fireplace or recreational fire during a Red Flag Warning, Fire Weather Watch, or No -Bum Day.
8.48.040 Exceptions and allowances.
This Chapter does not apply to:
A. Cooking devices such as gas, propane, or electric grills, or charcoal grills with fitted lids and spark -control features, operated at least 10 feet from combustible material.
B. Approved portable outdoor fireplaces that are used in compliance with manufacturer's instructions, with a spark arrestor screen, maximum fuel area of three feet in diameter, 10 feet clearance from structures or combustibles, constant attendance, and immediate extinguishment upon order of Fire Department personnel, peace officer, or code enforcement personnel.
C. Recreational fires are allowed if expressly permitted by the Fire Department, not larger than three feet in diameter and two feet in height, fueled only with clean, dry wood or charcoal, with fire -extinguishing equipment within 10 feet, and constant attendance by a responsible adult.
D. Fires set pursuant to a written permit issued by the Fire Chief, or their designee, for public safety training, cultural or religious ceremonies, film production, or other approved activities, subject to conditions.
E. Fires set or maintained by public agencies in the course of firefighting, rescue, or training operations.
8.48.050 Enforcement; penalties; charging and reduction.
A. Misdemeanor. Unless charged or reduced as an infraction under Subsection B, a violation of this Chapter is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both.
B. Reduction or charging as infraction. In the interests of justice, the City Attorney may in their discretion (1) file a violation of this Chapter as an infraction, or (2) move to reduce a misdemeanor charge under this Chapter to an infraction at any time before judgment. The fine for the first violation shall be $100; second violation within one year shall be $200; each additional violation within one year shall be $500, unless the City Council has adopted a different infraction fine schedule.
3 C. Officer discretion; warnings. Nothing in this Chapter limits an officer's discretion to issue a warning in lieu of citation or to refer eligible persons to available social -services resources.
D. Continuing violation. Each act in violation of this Chapter is a separate offense. Where a single course of conduct constitutes multiple acts, each act may be charged separately.
8.48.060 Cost recovery; nuisance; abatement.
A. The City may recover actual and reasonable suppression, investigation, and remediation costs from any person convicted of or liable for violating this Chapter.
B. A violation of this Chapter constitutes a public nuisance and may be abated by the City.
C. The Fire Department, Sheriff's Department, or Code Enforcement may immediately extinguish or cause the extinguishment of any prohibited fire. Equipment used in violation may be temporarily seized when necessary to abate an imminent threat to public safety, subject to post -seizure notice.
Section 2. California Environmental Quality Act.
The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15061(b)(3) (common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.
Section 3. Codification; Authority.
The City Clerk is authorized and directed to codify Chapter 8.48, as set forth in Section 1 of this Ordinance, into the Yucaipa Municipal Code. This Ordinance is adopted pursuant to the City's police powers under Article XI, section 7 of the California Constitution and Government Code sections 36900-36901.
Section 4. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
Section 5. No Conflict; Construction; Cumulative Remedies.
A. This Ordinance shall not be construed to permit any act prohibited by state or federal law.
B. The remedies provided in Chapter 8.48 and in this Ordinance are cumulative and in addition to any other remedies available at law or in equity.
4 Section 6. Publication and Certification.
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published or posted in accordance with state law.
Section 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its passage.
Section 8. Execution; Implementation; Clerical Corrections.
The Mayor is authorized to sign this Ordinance, and the City Clerk shall attest to the same. The City Manager, Police Chief, and City Attorney are authorized to take such actions as may be necessary and appropriate to implement this Ordinance, including the preparation of forms, notices, and administrative procedures. The City Clerk, in consultation with the City Attorney, is authorized to make non -substantive, clerical corrections and formatting changes to the Ordinance and codified text that do not affect its meaning or intent.
PASSED, APPROVED and ADOPTED this 8th day of December, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney
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