Council adopts emergency ordinance restricting open‑flame warming appliances and outdoor barbecues; permits required for some public uses

The City Council adopted an emergency ordinance that amends Chico Municipal Code to add specific restrictions on outdoor warming appliances (open‑flame “warming fires”) and outdoor barbecues. The measure passed as an emergency ordinance and becomes effective immediately for up to 180 days unless superseded by a permanent ordinance.

Key provisions in the adopted emergency ordinance include: - Applicability and allowable locations: outdoor warming appliances and outdoor barbecues are limited to private property or to parks when allowed by municipal park rules; use on public property or in the public right‑of‑way is prohibited without a city permit (note: the council considered and rejected a motion to remove the prohibition for rights‑of‑way). - Containers and screens: warming appliances must be contained in steel or stone containers designed for the purpose (maximum 36‑inch diameter); burn barrels are prohibited; devices must be covered by a noncombustible screen with small openings. - Fuel and smoke restrictions: only gas or dry, clean wood may be used; painted/treated wood, rubbish, leaves and clippings are prohibited as fuel; excessive smoke or nuisance conditions are prohibited. - Clearances and supervision: devices cannot be on combustible surfaces, must be a specified number of feet from structures and combustible materials, must not be used under covers or roofs, and must be supervised until fully extinguished. - Red‑flag days: wood‑fueled warming appliances are prohibited on days designated by the National Weather Service as red‑flag warning days. - Enforcement: violations may be charged as a misdemeanor or addressed by administrative citation under chapter 1.15 of the code; staff may respond to complaints and code enforcement/city attorney may pursue enforcement options.

Fire staff explained the ordinance is intended to reduce wildfire risk and avoid fires that start in difficult‑to‑access public places or encampments; they cited a 2024 count of confirmed fires linked to unhoused individuals (staff reported 274 confirmed incidents in 2024 associated with unhoused individuals, plus additional suspected incidents) and emphasized that escaped warming/cooking fires can become disastrous in windy conditions.

Council discussion: a substitute motion that would have left barbecues in public rights‑of‑way permitted without a permit failed on a 2–5 vote. The emergency ordinance then passed on final roll call 6–1 (Council member Winslow voted no). The ordinance will be followed by a permanent ordinance and staff said the municipal code change is exempt from CEQA under the common‑sense exemption for emergency regulations.