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Ordinance No. 2019-01 First Reading - Repealing Ordinance No. 07-02 Authorizing Eagle County Sheriff to Declare Fire Restrictions ORDINANCE 19-01 AN ORDINANCE REPEALING ORDINANCE NO. 07-02 AND AUTHORIZING THE EAGLE COUNTY SHERIFF TO DECLARE FIRE RESTRICTIONS WITHIN UNINCORPORATED EAGLE COUNTY Whereas, C.R.S. § 30-15-401, C.R.S. (2017)authorizes the Eagle County Board of County Commissioners (the "Board")to adopt ordinances for the control of matters of local concern; and Whereas, C.R.S. § 30-15-401(n.5)authorizes the Board to ban open fires to a degree and in a manner that the Board deems necessary to reduce the danger of wildfires within the portions of the unincorporated Eagle County where the danger of forest fires is found to be high; and Whereas, C.R.S. § 30-15-401(n.7)authorizes the Board to prohibit or restrict the sale,use, and possession of fireworks within the unincorporated areas of Eagle County where the danger of wildfire is found to be high; and Whereas,the Board previously enacted Eagle County Ordinance No. 07-02 to address the authority of the Sheriff to implement fire restrictions, and shall continue that authority herein; and Whereas,the Board now desires to clarify certain terms in Eagle County Ordinance No. 07-02 including by allowing the Sheriff to specify the parameters for fire restrictions to ensure that health, safety, and welfare are adequately protected; and Whereas, Ordinance No. 19-01 (the"Ordinance") is necessary to preserve the public peace, health, safety, and welfare of the citizens of Eagle County. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Eagle County: SECTION 1. DECLARATION OF FIRE RESTRICTIONS. During extremely dry times of the year in unincorporated Eagle County, open fires easily escape control, endangering the health and safety of the citizens of Eagle County. The Sheriff or his designee, after consultation with the local fire chiefs and the fire management officer of the U.S. Forest Service or Bureau of Land Management and upon competent evidence of high fire danger, is authorized to declare by resolution fire restrictions on any activity that produces or maintains, or attempts to produce or maintain, spark, flame, or any known ignition sources for open fires, and which may include a prohibition on the use and sale of fireworks. In any declaration of fire restrictions made pursuant to this section,the Sheriff or his designee shall include an express finding that fire danger is high, and shall specify the duration and parameters of the fire restrictions, as deemed necessary and appropriate. r SECTION 2. AUTOMATIC FIRE RESTRICTIONS. The Board finds that during"Red Flag Warnings," as designated by the National Weather Service, low humidity and strong winds combine to produce ideal conditions for wildland fires that may quickly spread out of control. During such times of high fire danger that the National Weather Service issues a Red Flag Warning, and for the duration of the Red Flag Warning, the restrictions as set forth in Exhibit A, attached, shall automatically apply without further action by the Board or Sheriff. Specifically,where no fire restrictions have been in effect immediately prior to the Red Flag Warning, the Stage 1 Restrictions set forth in Exhibit A shall apply. Where Stage 1 fire restrictions are in effect immediately prior to the Red Flag Warning,the Stage 2 fire restrictions set forth in Exhibit A shall apply. SECTION 3. UNLAWFUL CONDUCT. It is unlawful for any person to start or maintain a fire in violation of fire restrictions declared pursuant to Section 1 or Section 2, above. It is unlawful for any person to use or sell fireworks in violation of fire restrictions declared pursuant to Section 1 or Section 2, above. SECTION 4. APPLICABILITY. This Ordinance shall apply to all portions of unincorporated Eagle County for the entirety of each year. SECTION 5. ENFORCEMENT. The Eagle County Sheriff shall enforce the provisions of this Ordinance. SECTION 6. PENALTIES. Any person who violates declared fire restrictions commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of five hundred dollars ($500) for a first offense, seven hundred and fifty dollars ($750) for a second offense, and one thousand dollars ($1000) for a third and subsequent offense, in addition to any restitution, as defined in C.R.S. § 18-1.3- 602(3), including but not limited to the costs of fire suppression costs or property damage caused by the violation. The penalty assessment procedure provided in C.R.S. § 16-2-201 shall be followed by the arresting deputy sheriff or other officer for any violation of a fire ban and the graduated fine schedule set forth herein shall be followed when issuing any summons and complaint in accordance with such procedure. As provided in C.R.S. § 16-2-201,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 the county in which the alleged offense occurred. The choice of procedures shall be based upon circumstances which reasonably persuade the officer that the alleged offender is likely or unlikely to comply with the terms of the penalty assessment notice. SECTION 7. DISPOSITION OF FINES. All fines for violations of this Ordinance will be paid into the General Fund of Eagle County. SECTION 8. 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 by law, and the County may take action to recover the costs of nuisance abatement. SECTION 9. SEVERABILITY. If any one or more of the provisions of this Ordinance is determined by a court of law to be invalid, such determination shall not affect the validity of the remaining provisions of this Ordinance. SECTION 10. EFFECTIVE DATE. This ordinance is effective.upon adoption,which is necessary for the immediate preservation of public health and safety, in part to ensure that restrictions may be immediately implemented for red flag warning days. This ordinance repeals and replaces Eagle County Ordinance No. 07-02. [Signature Page to follow] INTRODUCED AND READ ON FIRST READING May 21, 2019 and ordered published in the EAGLE VALLEY ENTERPRISE. ADOPTED ON SECOND AND FINAL READING on A0.,1 ZV, ZQ/ THE BOARD OF COMMISSIONERS OF EAGLE COUNTY, COLORADO Qi://fin anne McQueeney, it 40d Kathy handler-Henry, Commissioner Matt Scl rr, Co - issioner ATTE . ' ler to the Board CERTIFICATION I, [name], Eagle County Clerk and Recorder, do hereby certify that the foregoing Ordinance No. 2019-01, entitled"AN ORDINANCE REPEALING ORDINANCE NO. 07- 02 AND AUTHORIZING THE EAGLE COUNTY SHERIFF TO DECLARE FIRE RESTRICTIONS WITHIN UNINCORPORATED EAGLE COUNTY" is a true, correct and complete copy from the records in my office,that said ordinance was duly adopted by the Board of County Commissioners of the County of Eagle and is in full force and effect. Further, one (1) copy of the Ordinance adopted herein is now filed in the office of the Clerk and Recorder for the County of Eagle, Colorado, and may be inspected during regular business hours. , -— Afi. C rk ./• Recorder STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me by -.'n�O Co k akcN, this day of_� , 2 1 oZ l .\� 0 9 (SEAL) dI It. otary Pub is My Commission expires: 3 I RO. KAREN S. VOLAS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044010890 a MY COMMISSION EXPIRES MARCH 29,2020 EXHIBIT A Develo• d Land Note Develo• d Land Note "` Open fires Allowed in a constructed, Open fires permanent enclosure Personal fireworks Personal fireworks Allowed in areas with at least 15' Portable outdoor fireplace of clearance to combustibles or if it Portable outdoor fireplace Allowed Wit uses LP or natural gas uses LP or natural gas with a valve with a valve that can be turned off that can be turned off Undevelo i•d*Land Note Undevelo •d*Land , 11111 O.en fires O.en fires Personal fireworks Personal fireworks May be permitted with hotwork May be permitted with hotwork Welding/hotwork permit and may require a site Welding/hotwork permit and may require site inspection inspection Portable outdoor fireplaceAllowed Wit uses LP or natural gas Portable outdoor fireplace Mowed Wit uses LP or natural gas with a valve that can be turned off with a valve that can be turned off Smoking Allowed in enclosed vehicle or building Explosives,including Explosives,including explosive targets explosive targets Tracer Rounds Tracer Rounds Engine without spark arrestor Ay.'cultural bum Ma be conducted with.emit A,icultural Burn Ma be conducted with.ermit Mowed in permanent steel fire Campfire enclosure within official Campfire campground,park or picnic area Mowed in permanent steel fire Charcoal grill or fire enclosure within official Charcoal grill or fire c.""i.L"ountlpark or picnic area Undeveloped Lands:Lands that are not groomed,manicured,or watered,where grasses,brush and trees have been allowed to grow in a natural.envixogtnent.This includes green belts that are not landscaped or manicured,open space lands,non-manicured park lands,and other areas where the fire hazard presented by the vegetation is determined to be an undue wildland fire hazard. Portable Outdoor Fireplace:A portable outdoor,solid fuel burning fireplace that may be constructed of steel, concrete,clay or other non-combustible material and equipped with a screen or other approved spark arrestor. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney on top.