HomeMy WebLinkAboutBOCC Packet 07032012 Firework ProhibitionPITKIN COUNTY COMMISSIONERS
WORK SESSION AGENDA
Rio (�rande iVieeting Room
TUESDAY, JULY 3, 2012
10:00 AM Overview of As en/Pitkin County Housing Authority Tom McCabe
11:30 Citizen Board Interview — Ashle Connoll — Citizen Grant Review Mitzi Ledin ham
11:45 Citizen Board Interview — Jim Richardson — Citizen Grant Review Mitzi Ledin ham
12:00 LLJNCH BREAK
1:00 PM Citizen Board Interview — Laurie Moore — Sr. Svcs. Marty Ames
1:15 SPECIAL MEETING
1 Emergency Ordinance Prohibiting the Use of Fireworks
ADJOURN SPECIAL MEETING
1:45 • Memos of Interest
a. Budget Supplemental Request — Assessor
b. Wildfire Funding
• Future Agendas/Agenda Requests/Monthly Calendar
• BOCC O en Discussion
2:45 Hunter Creek Trail Extension Dale Will
3:15 ADJOURN
3:30 Hos ital Construction Tour
5:00 PM ADJOURN
FRIDAY, JULY 6, 2012
CCI Steering Committee Meetings
Health & Human Services (9-10 AM)
Agriculture, Wildlife & Rural Affairs (10-10:45 AM)
Land Use & Natural Resources (10:45-11:30 AM)
Public Lands (11:30 — 12:15 PM)
General Government (12:45 — 1:45 PM)
Tourism, Resorts & Economic Development (1:45-2:30 PM)
Taxation & Finance (2:30-3:15 PM)
Transportation & Telecommunications (3:15 — 4:00 PM)
AGENDA IS SUBJECT TO CHANGE
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AGENDA ITEM SUMMARY
WORK SESSION DATE: 7/3/2012
AGENDA ITEM TITLE: An Emergency Ordinance prohibiting the use of fireworks in
Pitkin County.
STAFF RESPONSIBLE: Carrington Brown, Pitkin County Code Enforcement
ISSUE STATEMENT: Due to extreme dry conditions and consequent high fire danger the use of
fireworks potentially affects the welfare and safety of Pitkin County citizens and visitors.
BACKGROUND: The State of Colorado is enduring one of the driest seasons in memory which
has resulted in a very high fire danger across the state and in Pitkin County. On June 14�', 2012
Governor Hickenlooper issued an Executive Order declaring a ban on open burning, including the
use of fireworks, in the State of Colorado. The Executive Order did not include enforcement
language other than directing that the order be enforced by county Sheriffs.
Pitkin County Ordinance 96-38 authorizes the Sheriff to act as the fire warden for Pitkin County.
However, the Ordinance specifically excludes the regulation of fireworks unless such regulation is
accomplished via a separate action by the Board of County Commissioners. No such separate action
has been taken to date, consequently there is no county ordinance regulating the use of fireworks
during times of extreme dryness and high fire danger. �
LINK TO STRATEGIC PLAN: This ordinance relates to the strategic plan in that the health,
welfare and safety of Pitkin County citizens and visitors is paramount.
KEY DISCUSSION ITEMS:
1) Extremely dry conditions and high fire danger exist in Pitkin County.
2) Governor Hickenlooper has issued an Executive Order banning open fires and fireworks; the
Order directs county sheriffs to enforce the ban.
3) Pitkin County does not currently have an ordinance addressing the use of iireworks in the
county.
4) This proposed Emergency Ordinance regulates the use of fireworks in Pitkin County and
provides the Sheriff with an enforcement tool.
5) This Emergency Ordinance prohibits the use of fireworks in Pitkin County for 365 days from
the day of its adoption, or upon the declaration by the BOCC or the Sheriff that the high fire
danger conditions have ended; this language is based upon the requirement of §30-15-
401(1)(n.7) C.R.S. (Colorado Revised Statute).
BUDGETARY IMPACT: None
RECOMMENDED BOCC ACTION: Adopt this Emergency Ordinance
ATTACHMENTS:
- Emergency Ordinance prohibiting the use of freworks in Pitkin County
- Governor Hickenlooper's Executive Order
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO PROHIBITING THE USE OF FIREWORKS IN PITKIN COUNTY, COLORADO
ORDINANCE No. -2012
1. Whereas, high temperatures and extremely dry conditions have resulted in a declaration of
high fire danger throughout Colorado and consequently the Governor of Colorado has
issued Executive Order D 2012-015 prohibiting open fires, including fireworks, throughout
the State of Colorado.
2. Whereas, pursuant to §30-15-401(1) (n.7), C.R.S. the Board of County Commissioners has
the power to adopt ordinances prohibiting or restricting the sale, use, and possession of
fireworks as defined in §12-28-101(3) and (8), C.R.S. for a period no longer than one year
except that such an ordinance shall not be in effect between May 31 and July 5 of any year
unless the ordinance includes the express finding of high fire danger, based on competent
evidence.
3. The Board of County Commissioners finds that prohibiting the use of fireworks due to the
statewide extreme dryness and high fire danger will promote the health, welfare and safety
of Pitkin County residents and visitors.
4. Whereas §30-15-402, C.R.S. authorizes, if specified by County ordinance, a Penalty
Assessment procedure as specified per §16-2-201, C.R.S.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County,
Colorado that:
A. A state of high fire danger exists in Pitkin County.
B. The use of fireworks is prohibited in Pitkin County from the date of enactment of this
ordinance for 365 days or until the declaration of high fire danger is expressly declared to be
ended by the BOCC or the Pitkin County Sheriff.
C. Fireworks are defined per § 12-28-101(3) and (8), C.R.S.
D. Penalties and Enforcement
1) Violations of this Ordinance shall be a Class 2 Petty Offense and the penalty for violation
and conviction of any provision of this Ordinance shall be $500 for each separate
violation
2) The penalty assessment procedure provided in §16-2-201, C.R.S. shall be followed by
any law enforcement officer in enforcing the provisions of this Ordinance.
E. Prosecutions for offenses under this Ordinance shall be by the District Attorney
F. Severability — Should any section, sentence or part of this Ordinance be adjudged by any
court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect,
impair or invalidate this Ordinance as a whole, other than the part so declared to be invalid.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE DAY OF
2012 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE
DAY 0 F , 2012.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON , 2012.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE DAY OF
201Z
CONFIRMED AT A PUBLIC HEARING ON THE DAY OF 2012.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE
ASPEN TIMES WEEKLY AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.aspenpitkin.com ON THE DAY OF 2012
ATTEST:
By
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
�
Michael M. Owsley, Chairman
Date:
MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
OFFICE OF THE GOVERNOR
136 State Capitol Building
Denver, Colorado 80203
Phone (303) 866- 2471
Fax (3d3) 866 - 2003
STATE OF CULORADO
D 2012-015 lohn W. Hickentooper
Governor
EXECUTIVE ORDER
Ban on Open Burning in the State of Colorado
Pursuant to the authority vested in the Governor of the State of Colorado and, in
particular, pursuant to Article IV, Section 2 of the Colorado Constitution and C.R.S. § 23-31-308,
I, lohn W. Hickenlooper, Governor of the State of Colarado, hereby issue this Executive Order
banning open burning in the State of Colorado.
I. Back�round and Need
High temperatures and dry conditians have resulted in high fire danger throughout much of
Colorado. Already this year, 344 wildfires have been reported in the state. These wildfires
have burned over 120,000 acres in areas across the state. These weather conditions and
circumstances attest to the continuing threat to life, health and property posed by wildfires on
Coiorado's public and private lands. As of the date of this Executive Order, the High Park Fire in
Larimer County is not contained and has burned over 49,000 acres and destroyed or damaged
well over 120 structures. And various types of fire bans are currently in place in at least 57 of
Colorado's 64 counties.
Given the high fire danger throughout the state, the Colorado State Forest Service, in
consultation with federal land management agencies, has requested an immediate ban on open
burning in Colorado. The Larimer County Commissioners have requested a fireworks ban in
parts of Northern Colorado where extreme fire danger exists. In response to these and other
requests for an effective, uniform response to the high fire danger across the state, this
Executive Order bans open burning in the State of Colorado.
Our staff has been working with Caunty Sheriffs, Colorado Counties, Inc., the Colorado
Municipal League, and the Colorado State Fire Chiefs Association to ensure the appropriate
application and the proper implementation af this Executive Order.
!!. Directive
A. Open burning is hereby prohibited in al! counties in the State of Colorado.
8. For purposes of this order, "open burning" means any outdoor fire, including but not
limited to campfires, warming fires, charcoal grill fires, fused explosives, fireworks,
and any other activity that poses a significant risk of starting a fire.
C. For purposes of this order, "open burning" does not include fires in:
i. liquid-fueled or gas-fueled stoves;
ii. fireplaces contained within buildings;
iii. charcoal grills at private residences;
iv. constructed, permanent fire pits or fire grates within developed camp
and picnic graunds or recreation sites;
v. commercial, professional and municipal fireworks displays where specific
written approval has been granted by the sheriff af the county in which
the fireworks display is to occur; and
vi. connection with prestribed or controlled burns for agricultural or
irrigation purposes along ditches {ocated within and completely
surrounded by irrigated farmlands where such burning is necessary for
crop survival and specific written approval has been granted by the
sheriff of the county in which the prescribed burn is to occur.
D. Pursuant to C.R.S. § 23-31-306, this Executive Order shall be enforced by county
sheriffs or by the administering agencies of the federal lands located within the
state. This Executive Order is nat intended to supersede more comprehensive or
inclusive open burning re5trictions that have been or may be established by
Colorado counties, municipalities and/or other political subdivisions of the state.
Where permitted by law, counties and other local governments may ban any or all
of the open burning exemptians listed in section Ii.C. when local officials determine
that a more restrictive ban is appropriate and warranted given fire danger
conditions in their localities. An exemption to the opening burning restrictions set
forth in this order may be granted only by county sheriffs or, within federal lands, by
the administering federal agency, and only if the proposed burn is deemed by said
sheriff or agency to be safe and subject to mitigation. Should a wildfire occur as the
result of the granting of an exemption to this order, the State of Colorado may, and
iikeiy wouid, deny access to state funds to pay for the costs of such a wildfire.
tfl. Duration
This Executive Order shall be effective at 2:00 PM Qn June 14, 2Q12, and shall remain in effect
until amended or rescinded by Executive Order.
GIVEN under my hand and the
Executive Seaf of the State of
Colorado this fo
1une, 2012. _
�
lohn . Hickenlooper
Governor