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A. Setbacks. As shown in Table 17.25-2, the outdoor commercial barbecue shall have a minimum setback of 10 feet from any property line.

B. Fire Prevention and Response.

1. No person shall kindle or maintain any fire in an outdoor commercial barbecue not constructed in accordance with the requirements of the Sebastopol Fire Department and located in noncombustible enclosures, without first having obtained a permit from the Fire Chief. In granting the permit, the Chief shall take into consideration the following:

a. The hours between which burning may be conducted;

b. The number and size of barbecues;

c. The type of fuel that will be used;

d. The proximity to vegetation, buildings and structures;

e. Any other condition or restriction that may be required from time to time by resolution of the City Council.

2. The Fire Chief is authorized to deny a permit request or to require that an outdoor commercial barbecue be immediately discontinued if the Chief determines that smoke emissions are likely to be, or are, offensive to occupants of surrounding property and/or constitute a hazardous condition.

3. Every commercial outdoor barbecue and associated equipment shall be equipped and maintained with a spark arrestor and fire extinguisher and shall be maintained in good working order and a safe condition at all times.

4. Any resulting refuse, trash, rubbish or combustible waste material shall be properly and responsibly disposed of in order to avoid fire hazards.

5. The expenses of fighting fires, which result from a violation of this section, shall be charged against the person or corporation whose violation of this section caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the Fire Chief in the same manner as in the case of an obligation under a contract, expressed or implied.

6. The outdoor commercial barbecue shall comply with all applicable building codes, fire codes, and air quality rules and regulations. (Ord. 1111, 2018)