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Ordinance No. 2007-02 Appointing the Eagle County Sheriff to Declare Fire Restrictions i BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO ORDINANCE NO. 07 - � (of) An Ordinance (hereinafter this"Ordinance") of the County of Eagle, State of Colorado ("Eagle County") Appointing the Sheriff of Eagle County or his Designee as the Designated Person to Declare Fire Restrictions Within Unincorporated Areas of Eagle County. WHEREAS, pursuant to Section 30-15-401, et seq. C.R.S. (1999), the Eagle County Board of County Commissioners (the "Board")has the power to adopt ordinances for the control of matters purely of local concern as described herein; and WHEREAS, pursuant to Section 30-15-401(n), C.R.S. (1999), the Board has the power to adopt ordinances to regulate open fires to a degree and manner that the Board deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence, including the use of the national fire danger rating system and any other similar indices or information; and • WHEREAS, the Board finds that adoption of this Ordinance is necessary to preserve the public peace,health, safety, and welfare of the citizens of Eagle County; and WHEREAS, pursuant to 30-15-405 C.R.S., immediate adoption of this Ordinance is necessary to protect the public health and safety, in that this Ordinance will decrease the risk of uncontrolled fires during the summer fire season. NOW, THEREFORE,BE IT ORDAINED, by the Board of County Commissioners of Eagle County as follows: Section 1: LEGISLATIVE DECLARATION: The Board finds that there are times during the year when the conditions in unincorporated Eagle County are extremely dry. During these dry times, open fires easily escape control, endangering the health and safety of the citizens of Eagle County. Accordingly, it is necessary to restrict open fires at times to prevent endangering the safety of the citizens of unincorporated Eagle County and to prevent damage to property within those areas. The Board hereby finds that the most expedient method to impose reasonable restrictions on open fires is to allow the Eagle County Sheriff(or the Sheriff's designee), after consultation with local Fire Chiefs and the U.S. Forest Service ("USFS")/Bureau of Land Management("BLM")'s Fire Management Officer, to declare restrictions on open burning under specific circumstances, described below. • Section 2: APPLICABILITY: • This Ordinance shall apply throughout unincorporated Eagle County and to any incorporated town, city, or home rule city within Eagle County that elects by ordinance or resolution to have the provisions hereof apply. Nothing herein shall prevent the exercise by a person of constitutional rights such as, by way of example and without limitation, freedom of speech, freedom of religion, or the right peaceably to assemble for the common good, and to apply to those invested with the powers of government for redress of grievances,by petition or remonstrance. Section 3: PURPOSE: The Sheriff of Eagle County (or the Sheriff's designee) is hereby vested with the authority to restrict open burning within all or a portion of the areas of unincorporated Eagle County when all of the following conditions are met: (A) the fire danger is high, and is anticipated to remain high for some period of time; and (B) the Energy Release Component (ERC) exceeds the 90% threshold at the representative remote weather station as indicated in the County Fire Restriction Implementation Process attached hereto as Exhibit "A"; and • (C) the restriction of open fires is deemed by the Sherriff(or the Sherriff's designee) potentially to reduce danger and damages that may result from fire; and (D) the Eagle County Sheriff(or the Sherriff's designee), the Eagle County Emergency Manager, or the Eagle County Wildfire Mitigation Specialist have consulted with relevant federal agencies such as the Bureau of Land Management or the National Forest Service or relevant fire rating system regarding the level of fire danger within Eagle County. Section 4: DEFINITIONS: (A) As used in this Ordinance, the term"open burning" is defined as follows: (1) setting fire to any grass, wood, or any other combustible material outside of an enclosed structure; or (2) burning of solid fuels except by written authorization or in campgrounds or developed recreation sites where fire rings or grates are provided; or (3) improperly discarded smoking materials, including but not limited to cigarette butts and matches; or (4) explosives requiring fuse blasting caps; or • 2 (5) operation of chainsaws without an approved spark arrester;' or • (6) welding or operating an acetylene or other torch with open flame except within an area that is barren or cleared of all flammable materials at least ten feet on all sides from equipment. (B) The definition of"open burning" does not include: (1) open fires in charcoal or gas fire grills ordinarily used for home preparation of meals; or (2) a fire in a furnace, stove, boiler, or place within a house or other structure; or (3) "open fires," as defined above, set by persons with a permit or letter of authorization specifically authorizing the prohibited act or omission; or (4) "open fires," as defined above, set by any federal, state, or local officer or member of an organized rescue or firefighting force in the performance of an official duty. Section 5: PENALTIES AND ENFORCEMENT: • (A) First Violation. The first violation may, at the discretion of the enforcement officer, result in the issuance of a Notice of Violation and a fine as set forth below. (B) Subsequent Violation. Offenders who violate this Ordinance more than once shall be subject to a graduated fine scheduled as set forth below. (C) Monetary Penalties. Any person who or entity that is issued a Notice of Violation shall be guilty of a class 2 petty offense, punishable as follows: (1) A fine not exceeding two hundred and fifty dollars ($250) in addition to any restitution as defined in Section 18-1.3-602(3), C.R.S., including,but not limited to any fire suppression costs or property damage incurred by any private person or entity or public government or agency proximately caused by the violation, for a first Notice of Violation of this Ordinance. ' A chemical pressurized fire extinguisher of not less than eight ounces capacity by weight and one"0" • or larger round point shovel with an overall length of at least 36 inches must be in the possession of any operator of any chainsaw with an approved spark arrester. 3 , , ill (2) A fine not exceeding five hundred dollars ($500) in addition to any restitution as defined in Section 18-1.3-602(3), C.R.S., including, but not limited to any fire suppression costs or property damage incurred by any private person or entity or public government or agency proximately caused by the violation, for a second Notice of Violation of this Ordinance. (3) A fine not exceeding one thousand dollars ($1,000) in addition to any restitution as defined in Section 18-1.3-602(3), C.R.S., including, but not limited to any fire suppression costs or property damage incurred by any private person or entity or public government or agency proximately caused by the violation, for each additional Notice of Violation of this Ordinance. (D) Penalty Assessment Procedure. The penalty assessment procedure provided in Section 16-2-201, C.R.S. shall govern enforcement of this Ordinance by any law enforcement officer, as follows: (1) When a person is arrested for violation of this Ordinance, the arresting officer may either give the person a penalty assessment notice and release him upon its terms or take him before a judge of the County Court in Eagle County. This choice of procedures shall be based upon circumstances that reasonably persuade the officer that the alleged offender is likely or unlikely to comply with the terms of the penalty assessment notice. Such circumstances may 41, include the officer accompanying the offender to a post office or mailbox and witnessing the deposit in the mail of the notice with payment of the fine attached. (2) The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the Clerk of the County Court in Eagle County. (3) If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he chooses not to acknowledge his guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine. All fines imposed and collected for any violation of this Ordinance shall be paid into the general fund of the County of Eagle. (E) Abatement by County as Nuisance. Violation of this Ordinance is hereby declared to be a nuisance pursuant to C.R.S. 31-15-401(1)(c), which may be abated by Eagle County by restraining order, preliminary and permanent injunction, or other means provided for by law, and the County may take action to recover the costs of the nuisance abatement. • 4 • Section 6: REMEDIES AND/OR PENALTIES TO BE CUMULATIVE: All remedies or penalties hereunder shall be cumulative with and in addition to any other remedy or penalty authorized by law, statute, ordinance, or resolution. The terms of this Ordinance shall not deprive any person or governmental entity of any right of action it may have, or prevent charging under any other federal law, state law, or local law, ordinance, code, or resolution. Neither the Board, the Eagle County Sheriff, nor any of their respective officers, employees, or agents authorized to enforce the provisions of this Ordinance, shall be held responsible for any accident or subsequent bodily injury or for any loss or damages resulting from enforcement of this Ordinance. Section 7: SEVERABILITY: If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision, clause, or application, and to this end the provisions and clauses of this Ordinance are declared to be severable. If the terms of this Ordinance conflict with the terms of any other Eagle County ordinance, resolution, or code, the more restrictive ordinance, resolution, or code shall apply. Section 8: EFFECTIVE DATE: • This Ordinance will take effect upon adoption. This Ordinance shall apply throughout all of Eagle County at all times thereafter. Introduced,First Read and Set for Public Hearing on the 19th day of June, 2007. Ordinance and Notice of Public Hearing published in the Eagle Valley Enterprise on the 28th day of June, 2007. Approved and Adopted upon Second Reading and after Public Hearing on the 10th day of July, 2007. Published after adoption in the Eagle Valley Enterprise on the day of 2007. • 5 MOVED, READ AND ADOPTED by the Board of County Commissioners of ie 111/ County of Eagle, State of Colorado, at its regular meeting held the /O day of -C'� 2007. / COUNTY OF EAGLE, STATE OF - COLORADO, by and through its ATTEST: �' BOAR 0 !F COUNTY Va. I ONERS „, o f• 'By: Ori RIO y •r Clerk to the Boa d of Arn enconi County Commissioners Chairman ,(Lx_c Sara J. Fisher • Commissioner —� Peter F. Runyon Commissioner • G:\Alex Potente\Ordinances\Fire Ordinance\Fire Ordinance.doc • 6