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Davis, CA Special Events & Permits: Outdoor Heater Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

General rule
No fires or heaters in city parks
Exception
Propane heaters/fire-top tables under Dining Program
License required
Downtown Outdoor Dining License Agreement
Design rules
Council-adopted Furnishing Standards and Guidelines
Old permits expire
July 1, 2026
Penalty
Infraction, fine up to state maximum

Summary

Davis bans open fires in city parks and civic spaces, but carves out a specific exception for propane heaters and fire-top tables used under the Downtown Outdoor Dining Program. Section 27.02.130(c) exempts those permitted heaters from the general no-fire rule, and Section 40.14.120 requires their furnishings to meet council-adopted design standards.

No person using a park shall make or kindle a fire for any purpose. For the purpose of this subsection, make or kindle a fire does not include: (1) The ordinary use of commercial charcoal in a barbecue for the purpose of cooking food, or (2) The permitted use, under the Downtown Outdoor Dining Program, of propane heaters or fire-top tables. ... Design Standards. ... All furnishings placed in the eligible public spaces for outdoor dining described in subsection (b) shall be consistent with the provisions set out in the Downtown Outdoor Dining Furnishing Standards and Guidelines, which shall be adopted by resolution of the city council.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).

Full Breakdown

Section 27.02.130(c) provides that "No person using a park shall make or kindle a fire for any purpose," then lists two things that don't count as kindling a fire: ordinary commercial charcoal in a barbecue used to cook food, and "the permitted use, under the Downtown Outdoor Dining Program, of propane heaters or fire-top tables." Because downtown "civic spaces" and "urban open space" are legally classified as parks or open space under Section 27.01.010, this carve-out is what lets restaurants run patio heaters on public plazas without violating the park fire ban.

To rely on the exception, though, an operator still needs a Downtown Outdoor Dining License Agreement with the city under Section 40.14.120(d), must place the heaters within the eligible sidewalk zones set out in that section, and the heaters count as furnishings that must meet the Downtown Outdoor Dining Furnishing Standards and Guidelines, adopted and updated by city council resolution under Section 40.14.120(c). Outdoor dining agreements, including for heaters, that were signed before the November 2024 ordinance expire on July 1, 2026 under Section 40.14.120(e), so an operator's heater use has to be covered by a current license.

Violations & Fines

Lighting an open fire, brazier, or unauthorized heater in a Davis park or civic space outside the Downtown Outdoor Dining Program's propane-heater exception violates Section 27.02.130(c) and is enforceable as an infraction under Section 27.02.200, with park staff empowered under Section 27.02.190 to eject violators and confiscate fire-starting equipment that endangers people or property.

Frequently Asked Questions

Can a downtown Davis restaurant use patio heaters outside?
Yes, but only through the Downtown Outdoor Dining Program. Section 27.02.130(c) generally bars making or kindling a fire in a park or civic space, but specifically exempts propane heaters and fire-top tables used under that program for a business with a current license.
Do restaurants need a separate permit for propane patio heaters?
They need the same Downtown Outdoor Dining License Agreement required for any sidewalk seating under Section 40.14.120(d), and the heaters count as furnishings that must meet the council-adopted Downtown Outdoor Dining Furnishing Standards and Guidelines under Section 40.14.120(c).
What if a business just sets up a fire pit on a downtown plaza without a license?
That violates the general no-fire rule in Section 27.02.130(c) because it falls outside the program's propane-heater exception, and it is an infraction under Section 27.02.200 that lets city staff eject the operator and seize the equipment under Section 27.02.190.

Sources & Official References

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