HomeMy WebLinkAboutbocc.ord.019.2019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AUTHORIZING THE PITKIN COUNTY SHERIFF TO
IMPOSE AND RESCIND A BAN ON OPEN FIRES AND A PROHIBITION ON THE
SALE,USE AND POSSESSION OF ALL FIREWORKS IN UNINCORPORATED
PITKIN COUNTY AT ANY TIME DURING 2019
ORDINANCE NO. ( f' -2019
RECITALS
WHEREAS, C.R.S. 30-15-401n.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
unincorporated Pitkin County in any given year when the danger of forest fires is found to be
high; and
WHEREAS, C.R.S 30-15-401n.7 authorizes the Board to prohibit or restrict the sale, use and
possession of fireworks, including permissible fireworks, for a period no longer than one year
within the unincorporated areas of Pitkin County. Such prohibition or restriction shall be in
effect for the period between May 31 and July 5 only with a finding of high fire danger based
upon based upon statutorily acceptable competent evidence; and
WHEREAS, historical weather patterns have often led to heightened risk of wildfires in the
Roaring Fork Valley, especially during the summer and fall months; and
WHEREAS, changes in weather patterns can quickly change wildfire risk endangering the
health, safety and wellbeing of Pitkin County citizens; and
WHEREAS, the Board wishes to exercise its legislative authority to delegate to the Pitkin
County Sheriff the authority to prohibit and permit open fires in unincorporated Pitkin County
during 2019, and to cause such prohibitions to be broadly published and advertised; and
WHEREAS, the Board wishes to exercise its legislative authority to delegate to the Pitkin
County Sheriff the authority to prohibit and permit the sale, use and possession of all types of
fireworks in unincorporated Pitkin County during 2019 and to continue such prohibition during
the period between May 31 and July 5 when based upon competent evidence as defined in CRS
30-15-401 n.7, and to rescind such prohibitions when a change in the weather justifies such
rescission as required in CRS 30-15-401 n.7, and to allow to cause such prohibitions and
permissions to be broadly published and advertised.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby authorizes the Pitkin County Sheriff to prohibit and permit open
fires in unincorporated Pitkin County during 2019, and to cause such prohibitions to be broadly
published and advertised and prohibit and permit the sale, use and possession of all types of
fireworks in unincorporated Pitkin County during 2019 and to continue such prohibition during
the period between May 31 and July 5 when based upon competent evidence as defined in CRS
30-15-401 n.7, and to rescind such prohibitions when a change in the weather justifies such
rescission as required in CRS 30-15-401 n.7, and to allow to cause such prohibitions and
permissions to be broadly published and advertised.
Further, the Board authorizes the Chair or the Chair's designee to sign this Ordinance upon the
satisfaction of the County Attorney as to form, and to execute any other associated documents
necessary to complete this matter.
Further, The Board finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately upon adoption.
Further, the Board provides for the enforcement of the Ordinance as follows:
The Pitkin County Sheriff shall enforce the provision of this Ordinance.
Any person who violates an open fire ban commits a class 2 petty offense and, upon conviction
thereof, shall be punished by a fine of five hundred dollars ($500) for a first offence, 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 any 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.
All fines for violations of this Ordinance will be paid into the General Fund of PITKIN County.
INTRODUCED AND FIRST READ ON THE 1 ' DAY OF }b J t ^° , 2019 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THEAY OF
vt,L-e.. 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF JHE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /3 DAY OF
("--1/1/1 Lk- , 2019.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL ITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
/.3 DAY OF ) Q 2019.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE avi DAY
OF L)yam, 2019.
PUBLISHED BY TITLE AND SORT SUMMAY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE )-/� DAY OF t �',L^ , 2019.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICI L PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 9-7k-DAY OF `�J Vim , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
' d
BY I LL A .1 _ // (LJ By:
Jeans to Jones g P schman, Chair
Dep y County Clerk
Date: J
9
APPROVED AS TO FORM: MANAGER APPROV•.
( ,/1111r,
Jo • ' y, Count • orney Jon-'eacooc •unty Manager