HomeMy WebLinkAboutOrdinance No. 2023-01 Repealing Ordinance No. 2019-01 Regarding Sheriff to Declare Fire Restrictions DocuSign Envelope ID: IE6A89DB-21AA-48BA-B6B0-61D60F2B7CC3 Eagle County, CO 202301386
Regina O'Brien 02/01/2023
Pgs: 8 11:25:59 AM
REC: $0.00
DOC: $0.00
ORDINANCE NO. 2023-01
AN ORDINANCE REPEALING AND REPLACING EAGLE COUNTY ORDINANCE
NO. 19-01 REGARDING THE AUTHORITY OF THE EAGLE COUNTY SHERIFF TO
DECLARE FIRE RESTRICTIONS WITHIN UNINCORPORATED EAGLE COUNTY
WHEREAS, on June 18, 2019, the Eagle County Board of County Commissioners (the
"Board")adopted County Ordinance No. 2019-01, authorizing the Eagle County Sheriff to declare
and implement fire restrictions within unincorporated Eagle County(the "County); and
WHEREAS, pursuant to Section 6 of County Ordinance No. 2019-01, a violation of
County Ordinance No. 2019-01 constituted a class 2 petty offense, punishable 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); and
WHEREAS, following the adoption of County Ordinance No. 2019-01, the Legislature
for the State of Colorado revised C.R.S. § 18-1.3-503 and C.R.S. §§ 30-15-401 to 30-15-411,
which modified the potential penalties for a violation of a county ordinance and provided that
violations of a county ordinance shall generally constitute a civil infraction; and
WHEREAS, because the County may not adopt ordinances in conflict with state statute
pursuant to C.R.S.§ 30-15-411,the Board now desires to repeal and replace County Ordinance No.
2019-01 to reflect the newly applicable penalties; and
WHEREAS, C.R.S. § 30-15-401 authorizes the Board to adopt ordinances for the control
of matters of local concern; and
WHEREAS,C.R.S. § 30-15-401(1)(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(1)(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, C.R.S. § 30-10-512 and C.R.S. § 30-10-513 and C.R.S. § 30-15-401(n.5)
provide that the Eagle County Sheriff shall act as fire warden of Eagle County and is responsible
for the coordination of fire suppression efforts in case of prairie, forest, or wildland fires; and
WHEREAS, Ordinance No. 2023-01 is necessary to preserve the public peace, health,
safety, and welfare of the citizens of Eagle County.
DocuSign Envelope ID: 1E6A89DB-21AA-48BA-B6B0-61D60F2B7CC3
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Eagle County:
THAT, County Ordinance No. 19-01 is hereby repealed; and
THAT, the following Ordinance is adopted:
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.
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 during the Red Flag Warning.
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 during the Red Flag Warning.
SECTION 3. UNLAWFUL CONDUCT AND EXCEPTIONS.
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.
Persons with a permit or letter of authorization from a local fire district to start or maintain a fire
are exempt from this Ordinance under the conditions and during the period of time expressly set
forth in the permit or letter of authorization. For portions of unincorporated Eagle County not
within a local fire district, persons with a permit or letter of authorization from the Eagle County
2
DocuSign Envelope ID: IE6A89DB-21AA-48BA-B6B0-61D60F2B7CC3
Sheriff to start or maintain a fire are exempt from this Ordinance under the conditions and during
the period of time expressly set forth in the permit or letter of authorization.
Controlled agricultural burns maintained in a reasonably cautious manner and lawfully conducted
in the course of agricultural operations shall also be exempt from this Ordinance. Consistent with
C.R.S. § 24-10-103(1) and C.R.S. § 24-33.5-1202(3.3), a "controlled agricultural burn" means a
technique used in farming or livestock production on property that meets the definition of
agricultural land, as that term is defined in C.R.S. § 39-1-102(1.6)(a), to clear the land of any
existing native vegetation or crop residue, kill weeds and weed seeds, or reduce fuel buildup and
decrease the likelihood of a future fire.
SECTION 4. APPLICABILITY.
This Ordinance shall apply to all portions of unincorporated Eagle County for the entirety of each
year.
SECTION 5. ENFORCEMENT AND POSTING.
The Eagle County Sheriff shall enforce the provisions of this Ordinance. Notice of restrictions
enacted pursuant to this Ordinance shall be posted online at
https://sites.google.com/eaglecounty/us/ecemergency/fire-restrictions.
SECTION 6. PENALTIES.
Any person who violates any declared fire restriction commits a civil infraction 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 any subsequent offense. 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 and C.R.S. § 16-2.3-102, the arresting officer may either give
the person a penalty assessment notice and release the person upon its terms or take the person
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.
Any person violating any provisions of this Ordinance may also be subject to all criminal charges
and penalties authorized by the State of Colorado for such violation, including upon conviction, a
fine and imprisonment, or both, and payment of all costs and expenses involved in prosecuting the
offense, in addition to any restitution as defined by Colorado law, including but not limited to any
fire suppression costs or property damage caused by the violation. This Ordinance shall not be
3
DocuSign Envelope ID: 1E6A89DB-21AA-48BA-B6B0-61D60F2B7CC3
construed to limit or prevent other applicable criminal or civil liability that may stem from conduct
in violation of this Ordinance.
SECTION 7. DISPOSITION OF FINES.
All fines for violations of this Ordinance will be paid into the General Fund of Eagle County.
SECTION 8. 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 9. 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. 2019-01.
[Remainder of page left intentionally blank]
4
DocuSign Envelope ID:1 E6A89DB-21AA-48BA-B6B0-61 D60F2B7CC3
INTRODUCED AND READ ON FIRST READING January 3, 2023 and ordered published in
the Eagle Valley Enterprise.
ADOPTED ON SECOND AND FINAL READING on January 31, 2023.
�— DocuSigned by:COUNTY OF EAGLE, STATE OF
toc:4„, COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
cotorue
ATTEST:&iitt&O,
ocuSigned by: E—DocuSigned by: I'
B aI k4"-9002F2d089 d0. y: `— OPD rtttts s.
Clerk to the Board of KatI y thanlIer-Henry
County Commissioners County Commissioners Chair
nADocuSigned by:
SdAur
a VOW"-
Q 1��7g�p "-
Commissioner
1—DocuSigned by:
`—C.A4A 1 h 4/A.
Jeanne`1Vcy'ueeney
Commissioner
Commissioner McQueeney seconded adoption of the foregoing Ordinance. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
Commissioner McQueeney Aye
This Ordinance passed by 3/° vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
5
DocuSign Envelope ID: 1E6A89DB-21AA-48BA-B6B0-61D60F2B7CC3
EXHIBIT A
Stage 1 Red Flag Restricted Activity Stage 2 Red Flag Restricted Activity
Developed Land Note Developed Land Note
Allowed in a
Open Fires constructed,permanent Open Fires
enclosure
Personal fireworks Personal fireworks
Allowed in areas with Allowed if it uses LP or
at least 15' of clearance natural gas with a valve
Portable outdoor to combustibles or if it Portable outdoor that can be turned off
fireplace uses LP or natural gas fireplace
with a valve that can be
turned off
Undeveloped*Land Note Undeveloped*Land
May be permitted with May be permitted with
hotwork permit and hotwork permit and
Welding/hotwork may require a site Welding/hotwork may require site
inspection inspection
Portable outdoor Allowed if it uses LP or Portable outdoor Allowed if it uses LP or
fireplace natural gas with a valve fireplace natural gas with a valve
that can be turned off 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
Agricultural burn May be conducted with Agricultural burn May be conducted with
permit permit
Allowed in permanent
steel fire enclosure
Campfire within official Campfire
campground,park or
picnic area
Allowed in permanent
steel fire enclosure
Charcoal grill or fire within official Charcoal grill or fire
campground,park 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 environment. 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
DocuSign Envelope ID: 1 E6A89DB-21AA-48BA-B6B0-61 D60F2B7CC3
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.
CERTIFICATION
I, Regina O'Brien, Eagle County Clerk and Recorder,do hereby certify that the foregoing
Ordinance No. 2023-01, entitled"AN ORDINANCE REPEALING AND REPLACING
EAGLE COUNTY ORDINANCE NO. 19-01 REGARDING THE AUTHORITY OF 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 of the County of
Eagle, Colorado, and may be inspected during regular business hours.
C erk d Recorder
STATE OF COLORADO )
) ss.
COUNTY OF Eagle )
Subscribed and sworn to before me by Vitt, 1Q-1'1 this
day of ,2023.
TRACY C.STOWELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234001261
MY COMMISSION EXPIRES JANUARY 10,2027
Notary Public
My Commission expires: ID/ Z -"
8