ORDINANCE NO. 2015-005
AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS
August 6, 2015
NOTE: RE: Specialists with the Monterey Bay Unified Air Pollution Control District (MBUAPCD) have collected data on air quality at a residential property on Scenic Road in Carmel-by-the-Sea. 13th Avenue monitoring station
NOTE: Forest and Beach Commissioner Kathy Bang, a proponent of the Carmel Beach Fire Ban, owns a residential property on Scenic Road.
Carmel Beach 24-Hr. Ave PM2.5 (5-22-15 to
10-08-15)
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
2. Has the City of Carmel-by-the-Sea demonstrated that the wood smoke from the City’s beach fires is directly responsible for a public health problem?
3. A definition of “public nuisance” is “an act, condition, or thing that is illegal because it interferes with the rights of the public generally.” Do Carmel Beach fires constitute a “public nuisance?”
4, Has the City demonstrated that Carmel beach fires “cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or which endanger the comfort, repose, health, or safety of any such persons or the public; or which cause, or have a natural tendency to cause, injury or damage to business or property?”
(MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
RULE 402 – NUISANCES (Adopted 9-1-1968) (Revised 3-22-2000 and 8-21-2002))
5. Is ORDINANCE NO. 2015-005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS, adopted August 6, 2015, consistent with the CALIFORNIA COASTAL ACT (2015)?
PUBLIC RESOURCES CODE
DIVISION 20
CALIFORNIA COASTAL ACT (2015)
6. Are science and data driving public policy or are politics and a political agenda driving the interpretation of the science and data?
REFERENCE:
Nuisance and the Beach: How Much Control Should a State Exercise Over Beach Fire Rings?
Paul J. Weinberg, ZONING AND PLANNING LAW REPORT, FEBRUARY 2014 | Vol. 37 | No. 2
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District
Carmel Beach 1-Hr. Ave PM2.5 (5-21-15 to
10-08-15)
Monterey Bay Unified Pollution Control District
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
QUESTIONS:
1. Using the reasonable person standard, does the air quality data represented in Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) and Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15) support an Urgency Ordinance Prohibiting Beach Fires on Carmel Beach Friday through Sunday and all National or State Holidays?4, Has the City demonstrated that Carmel beach fires “cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or which endanger the comfort, repose, health, or safety of any such persons or the public; or which cause, or have a natural tendency to cause, injury or damage to business or property?”
(MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
RULE 402 – NUISANCES (Adopted 9-1-1968) (Revised 3-22-2000 and 8-21-2002))
5. Is ORDINANCE NO. 2015-005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS, adopted August 6, 2015, consistent with the CALIFORNIA COASTAL ACT (2015)?
PUBLIC RESOURCES CODE
DIVISION 20
CALIFORNIA COASTAL ACT (2015)
6. Are science and data driving public policy or are politics and a political agenda driving the interpretation of the science and data?
REFERENCE:
Nuisance and the Beach: How Much Control Should a State Exercise Over Beach Fire Rings?
Paul J. Weinberg, ZONING AND PLANNING LAW REPORT, FEBRUARY 2014 | Vol. 37 | No. 2
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