HomeMy WebLinkAboutOrdinance 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.
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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
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(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.
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(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.
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• 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:
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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.
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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
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'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
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