The City Council on Tuesday, March 27, unanimously approved a ban on all beach fires except for ones that are in city-approved concrete containers or portable barbecues. Violators would face six months in jail and/or a $1,000 fine as a misdemeanor offense.
“This makes sense,” said District 6 Councilwoman Donna Frye, who made the motion to pass the ordinance, which was approved by a 6-0 vote. “It’s very clear language, very simple. I believe it protects the public.”
Frye and District 7 Councilman Jim Madaffer said some beachgoers bring old chairs and sofas to the beach and then set them on fire. Frye said she has heard of people “setting up a living room on the beach” and then leaving it. It already is a misdemeanor to bring furniture to the beach, with the exception of beach chairs.
The ordinance would also make it a misdemeanor for anyone to be within 10 feet of any illegal beach fire. Violators are more likely to get a citation to appear later in court rather than being arrested unless they have violated another law. Madaffer seconded Frye’s motion.
The law also bans certain materials from being burned in city containers. Prohibited items include paint, metal, landscape debris, wood with nails, rubber or foam rubber, asphalt, sealer, or anything that produces noxious fumes.
A second reading will be held in three weeks, and the law is expected to go into effect 30 days after that.
Besides Frye and Madaffer, other council members who voted in favor were District 3’s Toni Atkins, District 2’s Kevin Faulconer, District 5’s Brian Maienschein and District 8’s Ben Hueso. District 4’s Tony Young was in Sacramento on city business, and District 1’s Scott Peters was with Mayor Jerry Sanders at a press conference.
The Sierra Club wrote a letter to Frye in January, saying there was a huge bonfire at Children’s Beach in La Jolla in which flames roared 12 feet above the sand. Frye said she looked into amending the law after consulting with the City Attorney’s Office. A deputy city attorney said there were no city-approved containers at Children’s Beach at the time.
Several people who were at that bonfire said the description of the incident was exaggerated.
Don Perry told the council the fire was only 12 inches high. Perry said some beach activists call 911 when there is no emergency, and they waste public resources.
David Pierce said he was “one of the knuckleheads” Frye referred to Feb. 21 at the Natural Resources and Culture Committee when they discussed the proposed law. Actually, Frye had used the phrase “this is legislation for knuckleheads” regarding a proposed law about harassing harbor seals, which the committee also discussed that day.
“To the man who said I called him a knucklehead: I’ve never met you. I doubt I would call you a knucklehead,” Frye said.
The committee on Feb. 21 voted to send both ordinances to the City Council for approval. The seal harassment ban is expected to come before the City Council in late April.