• ARTICLE XV – [Restriction of all Open Fires and Open Burning]

 

  • Sec. 10-325. – Purpose.

The purpose of this Ordinance is to preserve and protect the public health, safety, and welfare of the citizens of the Town of Green Mountain Falls, Colorado, by restricting open fires and open burning in the Town of Green Mountain Falls in order to prevent forest fires given the high danger of such fires as a result of atmospheric conditions, including lack of moisture, and other local conditions.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-326. – Interpretation.

This Ordinance shall be so interpreted and construed as to effectuate its general purpose to preserve and protect the public health, safety, and welfare of the citizens of the Town of Green Mountain Falls, Colorado, by restricting open fires and open burning in order to prevent forest fires given the high danger of such fires in the area.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-327. – Definitions.

(a)

Open fire or open burning. For purposes of this Ordinance, open fires or open burning shall be defined as any outdoor fire, including, but not limited to, campfires, warming fires, cooking fires, charcoal grill fires, fires in outdoor wood burning appliances, the use of explosives, outdoor welding or operating an acetylene or other torch with open flame other than in an area cleared of all flammable materials, fireworks of all kinds or brands, and the prescribed burning of fence lines or rows, fields, farmlands, rangelands, wildlands, trash, and debris.

(b)

Fire restriction evaluation guidelines. That set of evaluation criteria currently in use by local Federal, State and local fire suppression/management agencies for monitoring fuel moistures, fire danger class, current impacts on suppression resources, current fire cause types, fire weather forecasts, and other indicators of predicted fire danger.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-328. – Stage I restrictions.

Prohibits the following activities:

(1)

Open burning, excepting fires and campfires within permanently constructed fire grates in developed campgrounds and picnic grounds, charcoal grills and permanent outdoor fireplaces at private residences in areas cleared of all flammable materials.

(2)

The sale or use of fireworks; as defined in Section 10-291.

(3)

Outdoor smoking except within an enclosed vehicle or building, a developed recreation site or while stopped in an area at least three (3) feet in diameter that is barren or cleared of all flammable materials.

(4)

Launching of model rockets.

(5)

Portable wood burning firepits or fire rings.

(6)

Chimineas.

(7)

Outdoor charcoal grills and permanent outdoor fireplace constructed with a spark arrestor on the chimney shall be allowed during Stage I restrictions, provided they are at private residences and in an area cleared of all flammable materials including dry vegetation.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-329. – Stage II restrictions.

Prohibits the following activities:

(1)

All open burning as defined in Stage I.

(2)

Outdoor smoking except within an enclosed vehicle or building.

(3)

Outdoor grilling with charcoal.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-330. – Unlawful acts.

During Stage I or Stage II restrictions, it shall be unlawful for any person to build, maintain, attend or use an open fire, conduct an open burn, conduct sales of fireworks, or engage in outdoor smoking other than as explicitly allowed herein, in the Town of Green Mountain Falls including public, private, state, and applicable federal lands.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-331. – Requirements when and where outdoor fires are permitted.

(1)

The outdoor fires must be attended at all times.

(2)

Attendees of an outdoor fire must have a suitable extinguisher nearby such as: a functioning garden hose, an extinguisher or dry chemical extinguisher.

(3)

An outdoor fire must be at least twenty (20) feet from structures, including all buildings.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-332. – Exceptions/exemptions.

(a)

The following shall not be in violation:

  • Commercial or community fireworks displays properly permitted.
  • Fires contained within liquid-fueled or gas-fueled stoves.
  • Indoor fireplaces and wood-burning stoves installed and maintained in compliance with all applicable codes and ordinances.
  • Chainsaws with appropriate spark arrestors.
  • Outdoor charcoal grills and permanent outdoor fireplace constructed with a spark arrestor on the chimney shall be allowed during Stage I restrictions, provided they are at private residences and in an area cleared of all flammable materials including dry vegetation.

(b)

The burning of irrigation ditches is prohibited by this Ordinance.

(c)

Any Federal, State, or local officer, or member of a rescue or firefighting force organized, employed or contracted by a Federal, State or local firefighting, military, or police protection service in the performance of an official duty.

(d)

Any further exemptions to either the meaning of terms or the enforcement of this Ordinance shall be granted only by the Fire Chief, and only if the proposed action is deemed to be safe and mitigable in the Fire Chief’s sole discretion based on best fire safety practices.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-333. – Implementation of stages.

The Fire Chief or his or her designee may monitor fire danger conditions and coordinate with Federal, State and local fire agencies to determine the appropriate stage of restrictions. When the established Fire Restriction Evaluation Guidelines indicate that enforcement of this Ordinance under Stage I restrictions should be reinstated, or that restrictions should be upgraded to Stage II restrictions, the Town of Green Mountain Falls’ Public Information Officer or his or her designee shall coordinate with the Fire Chief and provide notification to the public through a general press release to local television, radios and print media, as well as posting at the Green Mountain Falls Town Hall. Likewise, when conditions indicate a reduction in restrictions from Stage II to Stage I, or the suspension of enforcement, the same notification to the public shall occur.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-334. – Enforcement agencies/prosecution.

This Ordinance shall be enforced by the Green Mountain Falls Marshal, or his or her deputies, including thereby the administering agencies of the State and Federal lands located therein, and they shall have authority to order any person to immediately cease any violation of this Ordinance. This authority shall include, but not be limited to, the right to issue a penalty assessment notice and the right to take such person or persons into temporary custody. Any further exception to the enforcement ability of this Ordinance by the administering agency shall be granted only by the administering agency, and only if the proposed action is deemed by the Fire Chief or the State or Federal administering agency to be safe or mitigable.

(Ord. No. 02-2013, § 1, 9-17-2013)

  • Sec. 10-335. – Penalties.

It is unlawful for any person to violate any of the provisions adopted in this Article. Violation of this Ordinance shall be a misdemeanor under Green Mountain Falls Municipal Code. The penalties for violation of this adopted Code are as set forth in a resolution or subsequent modifications thereof.

(Ord. No. 02-2013, § 1, 9-17-2013)

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