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Home My WebLink Aboutbocc.ord.013.2026AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE PITKIN COUNTY SHERIFF TO IMPOSE AND RESCIND RESTRICTIONS ON OPEN FIRES AND PROHIBITIONS ON THE SALE, USE AND POSSESSION OF ALL FIREWORKS IN UNINCORPORATED PITKIN COUNTY AT ANY TIME DURING 2026 ORDINANCE NO. 013-2026 RECITALS WHEREAS, Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners (" BOCC") of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary; and WHEREAS, Pursuant to Section 2.8.2 of the Home Rule Charter ("HRC"), the Board of County Commissioners is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended; and WHEREAS, C.R.S. § 30-15-40l (l)(n.5)(I) authorizes the Board of County Commissioners (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. § 30-15-40l(1)(n.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 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 2026, 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 2026 and to continue such prohibition during the period between May 31 and July 5 when based upon competent evidence as defined in C.R.S. § 30-15-401(1)(n.7), and to rescind such prohibitions when a change in the weather ORDINANCE NO. 013-2026 justifies such rescission as required in C.R.S. § 30-15-40l(l)(n.7), and to allow to cause such prohibitions and permissions to be broadly published and advertised; and WHEREAS, 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 pursuant to Pitkin County Home Rule Charter Section 2.8.2. 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 2026, nunc pro tunc to the Date of May 1, 2026 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 2026 and to continue such prohibition during the period between May 31 and July 5 when based upon competent evidence as defined in C.R.S. § 30-15-401(1)(n.7), and to rescind such prohibitions when a change in the weather justifies such rescission as required in C.R.S. § 30-15-401(1)(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 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 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 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 ORDINANCE NO. 013-2026 INTRODUCED AND FIRST READ ON THE 11TH DAY OF MARCH, 2026 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 25TH DAY OF MARCH 2026. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 12TH DAY OF MARCH, 2026. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 12TH DAY OF MARCH 2026. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25TH DAY OF MARCH 2026. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 2ND DAY OF APRIL, 2026. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 2ND DAY OF APRIL, 2026. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Jeffrey H. Woodruff, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ Richard Neiley, III Kara Silbernagel, Interim County Manager County Attorney Mar-30-2026