HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2019 - ITEMS RELATING TO OUTDOOR RESIDENTIAL WOOD BURNINGAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY March 19, 2019
City Council
STAFF
Cassie Archuleta, Senior Environmental Planner
Jody Hurst, Legal
SUBJECT
Items Relating to Outdoor Residential Wood Burning.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins
Pertaining to Nuisances.
B. Second Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to
Increase Staffing for Outdoor Residential Wood Burning Program Support.
These Ordinances, unanimously adopted on First Reading on March 5, 2019, modify the current air pollution
nuisance Code provision to make it more enforceable for smoke impacts from outdoor residential wood fires.
Code changes proposed include decriminalization, a curfew and a property line setback for outdoor wood
burning. Between First and Second Reading, staff reviewed and revised the wording of the new Code
language and clarifying changes are noted in the Ordinance. Additionally, resources in the form of an 0.25
FTE increase, are being requested to support education, outreach and compliance with the Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND/DISCUSSION
At the March 5 City Council meeting regarding Ordinances related to outdoor residential wood burning, staff
was asked to provide additional information on topics including after-hours enforcement, setbacks, smokeless
fire pits, and an implementation timeline.
After-Hours Enforcement
Currently, staff proposes a 0.25 FTE increase (Ordinance No. 043, 2019) to support:
• Daytime response from Environmental Services
• The design of an enforcement program that does not require observation of event by City staff (can
use info collected from complainant), allowing the ability to issue citations after the fact.
• The collection of complaint data after hours, with enforcement response (including issuing citations)
during business hours
• The collection and review of complaint data for the remainder of the calendar year following
implementation including recommendations for further consideration.
Council requested additional information regarding options and resources for additional enforcement after
hours. The options discussed between first and second readings included:
Agenda Item 18
Item # 18 Page 2
Option #1: After hours Police/Fire co-response
• Fire and police would co-respond to after-hours calls
• Unless there are safety concerns, complaints would be categorized by police/fire as a low priority
response call (similar to party response; 60-180 minute response times likely)
• Could explore a mechanism to limit police/fire response to properties with a complaint history (e.g., 2
or more) providing education and an opportunity for properties to voluntarily correct before being
visited.
• No added direct cost because both Fire and Police will have officers on duty. There would be
opportunity cost implications particularly for Police Officers.
• For a high number of complaints, additional police response could be considered via overtime hours,
which could be considered as a later budget request if necessary.
Option #2: After hours Code Compliance response
• Would be a new program, and a new type of role for Code Compliance
• Would include multiple staff (~5) compensated on a rotating on-call basis
• Would require police co-response after dark, and advanced enforcement and safety training for Code
Compliance officers
• If police co-response is used, would be a low priority response call (similar to party response; 60-180
minute response time)
• Would need to offer overtime and/or on-call pay for Code Compliance staff (estimated at ~$35K/year).
Option #1 could be implemented on a trial basis for the first season by leveraging current and proposed
resources. A Code Compliance option (Option #2) would require staff to develop a program proposal, and
return to Council with additional resource requests.
Setbacks
Ordinance No. 042, 2019 includes a 2-foot’ setback distance for solid fuel burning devices. Currently,
International Fire Code (IFC) as adopted by the City requires that solid fuel burning fireplaces or fire pits are at
least 15 feet from combustible material (including wooden fences). The addition of a property line setback
allows for:
• Potential enforcement by Code Compliance Officials (as opposed to Fire Officials, who enforce IFC)
• More dispersion of smoke before it crosses property lines
Effectively, both IFC and property line setbacks limit the ability to burn wood or other solid fuels for recreational
purposes in dense neighborhoods. Estimated implications for property line setbacks, inclusive of current fire
code (approximated as a distance to a structure), are listed below:
15 feet from property line:
• 22% of single family parcels excluded
• Many would have likely been excluded under current fire code (depending on fence materials)
25 feet from property line:
• 56% of single family parcels excluded
• Similar to distance requirement for measurement of noise impacts (Sec. 20-24)
Complete Combustion Technology
Council expressed interest in considering exemptions for complete combustion technology, sometimes called
gasification or smokeless fire pits. Staff reached out to CSU’s Energy Institute (Dr. John Volckens) who
discussed their perspectives on clean burning solid fuel outdoor fireplaces and fire pits and provided a letter.
(Attachment 2) In summary:
• Unlike indoor appliances, there are no certifications or regulations regarding outdoor solid fuel burning
devices
• Claims of “smokeless” do not guarantee that nuisance smoke will not be generated
Agenda Item 18
Item # 18 Page 3
• Depending on fuel and combustion processes, odor may also be an issue from these types of fire pits
Given this, staff does not recommend an additional exemption for consideration as there is currently no
mechanism to ensure performance standards for appliances or burn methods for use. As part of the education
and outreach strategies, staff will provide guidance on:
• Using an alternative to solid-fuel (e.g., natural gas, propane) if feasible
• Best practices to maximize efficiency and minimize smoke and air pollution (e.g., building small, hot
fires)
Implementation Timeline
Council requested additional information regarding the implementation and enforcement timeline. If adopted,
new staff resources will be mobilized in April. Expected timeline includes:
• April - May 2019
o Develop Public Engagement Plan, including (but not limited to):
▪ Campus outreach (e.g., Community Welcome, Collegian ads)
▪ Social media (e.g., NextDoor, Facebook, Twitter)
▪ Community gatherings (e.g., Neighborhood Night Out)
▪ Website updates
▪ Press releases
o Develop new outreach materials, including (but not limited to):
▪ Printed materials (e.g., posters and brochures)
▪ Neighborhood conversation tool-kit for smoke concerns
o Develop Implementation and Enforcement Plan, including (but not limited to):
▪ Complaint driven response
▪ Updated complaint intake and tracking system
▪ Discretionary guidance for determination of nuisance smoke (including use of videos
and other evidence collected by complainant)
▪ Warning and outreach letters
o Develop proposal for incentive program
• June - September 2019
o Begin enforcement
▪ Focus on voluntary compliance (facilitating neighborhood conversations and voluntary
compliance as preferred outcome)
▪ Escalate complaints to formal warnings (or Notices of Violations) and citations on a
case-by-case basis
• September 2019
o Council consideration of 2020 Budget Revision Offer to support an incentive program
• October - December 2019
o Implementation review, to include:
▪ Number of residential wood smoke complaints
▪ Specific concerns (e.g., health, nuisance, safety)
▪ Any incident related health outcomes (e.g., exacerbation of pre-existing conditions,
increased medication use, emergency department visits)
▪ Distance to property lines (for evaluation of potential changes in setback distances)
▪ Complaints at Short Term Rentals (STRs) (for evaluation of potential limitations at
STRs)
▪ Ability to address complaints with voluntary compliance
▪ Any code violations and any enforcement action taken
• January - March 2020
o Return to Council with a pilot season evaluation, and further recommendations for
consideration if necessary.
Agenda Item 18
Item # 18 Page 4
ATTACHMENTS
1. First Reading Agenda Item Summary, March 5, 2019 (w/o attachments) (PDF)
2. Letter from the Energy Institute (PDF)
3. Powerpoint presentation (PDF)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY March 5, 2019
City Council
STAFF
Cassie Archuleta, Senior Environmental Planner
Jody Hurst, Legal
SUBJECT
Items Relating to Outdoor Residential Wood Burning.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins
Pertaining to Nuisances.
B. First Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to
Increase Staffing for Outdoor Residential Wood Burning Program Support.
The purpose of this item is to modify the current air pollution nuisance Code provision to make it more
enforceable for smoke impacts from outdoor residential wood fires. Changes proposed include decriminalization,
a midnight curfew and a property line setback for outdoor wood burning. Additionally, resources in the form of
an 0.25 FTE increase, are being requested to support education, outreach and compliance with the code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Over the years, concerns have sometimes been reported to the City or Poudre Fire Authority related to the health
and/or nuisance impacts from wood fires in residential neighborhoods. In May 2017, Council identified backyard
fire pits as a priority issue, prompting efforts to explore policy options to mitigate potential smoke impacts on air
quality and public health as well as improve neighborhood livability.
Wood smoke is considered an air pollutant as it is made up of gases and particles, which can cause health
concerns. For a healthy adult, concerns for short term exposure to high particle pollution levels can include
effects such as eye irritation, sore throat, wheezing and coughing. For more sensitive individuals, including
children, the elderly, and those with existing heart or lung conditions, concerns can be more serious, including
trouble breathing and/or exacerbation of existing conditions such as asthma and Chronic Obstructive Pulmonary
Disease (COPD).
Activities to date and previous Council guidance have included:
May 2017
o Identified as a Council priority
October 2017
o Council adopted a 2018 budget revision offer to support work on this topic
ATTACHMENT 1
Agenda Item 16
Item # 16 Page 2
February 2018 Work Session
o Staff presented, and Council supported, a research and public engagement plan (Attachment
1)
May - September 2018
o Staff proceeded with policy research and public engagement
October 2018
o Staff presented policy options and Council provided direction to propose a policy option that only
prohibited residential wood fires with negative impacts (rather than a full ban)
January 2019
o Staff presented a policy option that would prohibit residential wood fires unless permitted, where
permit conditions required that smoke could not have negative impacts on neighbors
o Council requested staff to instead pursue updates to existing air pollution nuisance prohibitions
to better enable enforcement for residential wood smoke concerns
Air Pollution Nuisance Code
In 1987, the City adopted an air pollution nuisance Code provision that prohibited public nuisances from
pollutants such as smoke, odors, etc. (Municipal Code, Sec. 20-1, air pollution nuisances prohibited). Some
practical limitations in enforcing this Code provision are:
Residential wood fires are otherwise legal, and there has not been a clear implementation and enforcement
plan to address wood smoke impacts from these types of fires as a public nuisance
Enforcement of the Code would require collection of evidence demonstrating impacts to the public, as
required for proof of a public nuisance
A violation would be considered a criminal offense, which would mean a high burden of proof, and a criminal
record for any violations of this Code
At the January 22, 2019 Work Session, Council requested that staff explore modifying the current air pollution
nuisance Code provision to make it more enforceable for smoke concerns from outdoor wood burning fires in
residential areas. Modifications proposed for consideration include:
Decriminalizing violations
o This will make the offense civil rather than criminal, which staff considers more appropriate for
this type of violation and will reduce the burden of proof required to demonstrate a violation.
Prohibiting outdoor wood fires between midnight and 7:00 am
o Council had expressed interest in establishing a curfew, and midnight was suggested
Establishing a setback distance of 15 ft from a property line
o International Fire Code already prohibits fires within 15 feet of a structure or combustible
material (including a wooden fence) for fire safety reasons
o This will add a similar setback for property lines, which will be enforceable by City Code
Compliance Officers
Additional Environmental Outreach and Compliance Support
The ability to enforce air pollution nuisance Code requirements for residential wood smoke concerns will, in part,
be dependent on resources available to provide education and outreach, investigate complaints, and otherwise
substantiate public nuisance violations. In support of this, staff is proposing additional resources (10 hours per
week of staff time, or 0.25 FTE) to focus on:
Increased promotion of awareness of health impacts of wood smoke
Increased awareness of, and access to, resources to file complaints
Establishing a robust air quality complaint intake system, to assist environmental compliance staff in
gathering evidence regarding complaints
Agenda Item 16
Item # 16 Page 3
Case-by-case investigative efforts, including information collection in the field, that could support issuance
of a citation for a public nuisance violation
These additional resources will be leveraged by converting an existing 0.75 FTE Environmental Services
Department, Air Quality support position to a full time (1.0 FTE) position. The increased capacity will be in line
with the existing job functions for this position, which include:
Environmental compliance support for the implementation and support of Fugitive Dust regulations
Administration of a Memorandum of Understanding (MOU) with Martin-Marietta Materials
Support for development and administration of air quality outreach and incentive programs (such as electric
lawn and garden equipment rebates)
Additionally, the increased education and outreach support regarding wood smoke will be leveraged as an
opportunity to provide improved public health messaging about the impacts of wildland fire smoke, which is of
increasing concern for climate adaptation efforts.
Incentives
During Work Session discussions, Council expressed interest in exploring implementation of a new incentive
program to discourage wood burning and encourage lower smoke alternatives such as gas-fueled fires pits.
Staff proposes developing an incentive program to be considered as a 2020 budget revision offer.
Considerations include:
The 2019-2020 budget did not include a $30K/year budget that has previously been used to support indoor
air quality incentives, including a zero-interest loan option for replacing indoor wood fireplaces with gas or
electric alternatives. Staff proposes that a new incentive program would focus on both indoor and outdoor
wood burning.
Some have expressed concern about the City promoting use of gas-fueled appliances, as the City adopted
a carbon neutral climate goal. Staff will explore options that focus on reducing wood burning without
necessarily promoting gas burning (e.g., rebates to recycle or remove a wood burning appliance).
Program Evaluation
Following the first year of implementation, staff proposes to evaluate effectiveness and limitations of the new
program. Evaluation would include a summary of:
Number of residential wood smoke complaints
Specific concerns (e.g., health, nuisance, safety)
Any incident related health outcomes (e.g., exacerbation of pre-existing conditions, increased medication
use, emergency department visits)
Distance to property lines (for evaluation of potential changes in setback distances)
Complaints at Short Term Rentals (STRs) (for evaluation of potential limitations at STRs)
Ability to address complaints with voluntary compliance
Any code violations and enforcement action taken
Next Steps
If Code changes and resources are adopted, staff proposes beginning implementation in time for the 2019
outdoor fire season (approximately June-September). Staff will also:
Provide quarterly updates to Council
Submit a proposal for an incentive program to be considered as a 2020 Budget Revision Offer
Evaluate the program after the first season of implementation and return to Council in 2020 with an
evaluation of effectiveness and recommendations
Agenda Item 16
Item # 16 Page 4
CITY FINANCIAL IMPACTS
Adoption of requested resources would require $18,638 per year in ongoing cost for Personnel and Benefit
expenses for the 0.25 FTE position increase. The pro-rated amount for 2019 to be appropriated from General
Fund Reserves is $13,409 to cover the expenses for April through December.
BOARD / COMMISSION RECOMMENDATION
The Natural Resources Advisory Board (NRAB) discussed this item on February 20, 2019, and the Air Quality
Advisory Board (AQAB) discussed this item on February 25, 2019. Recommendation statements provided by
the Boards are listed below.
The NRAB supports the modifications to the Air Pollution Nuisance Code including decriminalization, the 15
ft setback (or greater), but recommends an earlier curfew (e.g., consistent with the noise ordinance) during
the summer to accommodate use of whole house fans. The NRAB also recommends consideration of shorter
setbacks for lower smoke solid-fuel appliance options, such as smokeless fire pits. A ban on high pollution
advisory days is also strongly recommended, especially during wildfire smoke events. The additional
resources for education, outreach and enforcement are also supported.
The AQAB recommends Council adopt the proposed Air Pollution Nuisance Code changes, contingent on
the adoption of resources to collect more data, as these changes may not be adequate to address the issue.
Additional resources supported should include monitored particulate levels, assessment of impacts (health
and nuisance), and number of people affected, with a goal of considering a stronger approach after a year
review. Bans on high pollution advisory days are also recommended. One dissenting opinion was that just
the decriminalization of the code adequately addresses the issue.
PUBLIC OUTREACH
Feedback from stakeholders and the broader community regarding impacts and perceptions related to
neighborhood sources of wood smoke was gathered through the following outreach activities:
Presentations to Air Quality Advisory Board, Natural Resources Advisory Board and SuperBoard meetings
A scientifically valid survey, which included invitations to 3,000 households. 522 responses were received
Discussion at the Spring Community Issues Forum, facilitated by CSU’s Center for Public Deliberation,
attended by 55 community members
Promotion of OurCity public engagement platform through Social media, Coloradoan interviews and the
Nextdoor website
Emails directly to staff and Council
Individual phone calls and emails to discuss questions and concerns as necessary.
In addition to broad community outreach, feedback from stakeholders was gathered through the following
outreach activities:
Quarterly working group meetings, including staff from the Environmental Services Department, Community
Development and Neighborhood Services and Poudre Fire Authority
Collaboration with CSU’s Political Science Department
Interview with UCHealth pulmonologist, Dr. Eric Stevens
Correspondence with the Health District of Larimer County
Correspondence with Larimer County Public Health and Environment staff
ATTACHMENTS
1. Public Engagement Plan (PDF)
2. Work Session Summary Memos (PDF)
3. Powerpoint presentation (PDF)
WALTER SCOTT, JR.
COLLEGE OF ENGINEERING
DEPARTMENT OF MECHANICAL ENGINEERING
Fort Collins, Colorado 80523-1374
john.volckens@colostate.edu
p: (970) 491-6341
12 March 2019
Dear Cassie,
Here is my input on the ordinance for nuisance smoke and odor under consideration by City Council,
based on our conversation from last week.
• Solid-fuel combustion appliances are often advertised as “smokeless”, either through the type of
fuel used or the design of the combustion chamber, but this is a misnomer. All forms of
residential solid-fuel combustion produce some level of smoke because, simply put, solid fuels do
not burn efficiently.
• In my 10 years of research at the Energy Institute, during which we have evaluated the emissions
of hundreds of stove-fuel technologies, I have yet to find a wood-burning stove or appliance that
did not produce smoke.
• There are some solid-fuel combustion technologies that produce substantially less smoke, such
as certain pellet-fed gasifier stoves. When such stoves are operated properly, they burn relatively
clean with little smoke; when such stoves are operated improperly (either through incorrect fuel
use or other user modifications) they tend to produce copious amounts of smoke.
• For these reasons, if the goal of the City is to limit nuisance smoke and odor, I do not recommend
including an exemption for solid-fuels or solid-fuel burning appliances/devices that advertise as
smokeless.
• Instead, I would recommend that a nuisance ordinance be established for nuisance conditions:
when excessive smoke or odors are produced.
Sincerely,
John Volckens, PhD
Professor of Mechanical Engineering
Director, Center for Energy Development and Health
CSU Energy Institute
ATTACHMENT 2
1
Outdoor Residential Wood Burning
3-19-2019
ATTACHMENT 3
Unanimously Approved – First Reading
• Ordinance No. 042, 2019
• Amendments to Chapter 20 pertaining to Air
Pollution Nuisances
• Decriminalize
• 25’ property line setback
• 10pm curfew
• Ordinance No. 043, 2019
• Compliance support (Environmental Services)
2
Ordinances
Follow-Up Questions
• Impacts of implementing
25’ vs 15’ setbacks
• After-hours enforcement
options
• Smokeless technology
• Implementation timeline
3
25’ Setback
• 57% of single
family parcels
fully excluded
• Inclusive of fire
code
• Approximated
as 15’ from
structures
4
15’ Setback
• 22% of single
family parcels
fully excluded
• Inclusive of fire
code
• Approximated
as 15’ from
structures
5
After-Hours Enforcement
Current
• 0.25 FTE daytime environmental compliance
• E.g., program implementation, campaign plan, complaint
resource and response
Additional Options
• Option #1: After hours Police/Fire co-response (no new cost)
• Option #2: Rotating, on call Code Compliance (~$35K)
• Still require police co-response at night
6
Smokeless Technology
• Certifications do not
exist for outdoor
devices
• No solid-fuel burning
device is completely
smokeless
• Amount of smoke highly
dependent on how it is
operated
7
2019 Implementation TimeLine
• Compliance
Enforcement
• Neighbor
toolkits,
letters,
warnings, etc.
June
• Outreach
Campaign
• CSU,
NextDoor,
Neighborhood
Night Out,
Press releases,
websites, etc.
May
• Program
Development
• Campaign Plan
• Implementation
and
Enforcement
Plan
April
8
Council Action
• Second Reading of Ordinances
• Ordinance No. 042, 2019
• Updates to Air Pollution Nuisance Code
• Ordinance No. 043, 2019
• Appropriation for compliance support (0.25 FTE)
• Direction on next steps for after-hours enforcement
• Current proposal
• Option #1: Police/Fire response (similar to party response)
• Option #2: Develop proposal for rotating on-call Code
Compliance staffing
9
-1-
ORDINANCE NO. 042, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF
FORT COLLINS PERTAINING TO NUISANCES
WHEREAS, on December 1, 1987, the City Council adopted Ordinance No. 180,
1987, amending the City Code to include as a public nuisance certain types of air pollutants;
and
WHEREAS, since the adoption of those Code provisions, as scientific knowledge has
grown and citizen concerns have changed, subsequent City Councils have amended the Code
to regulate different types of public nuisances with regard to air pollution; and
WHEREAS, in recent years, concerns have been reported to City Staff regarding
nuisance impacts from wood fires in residential neighborhoods; and
WHEREAS, in May 2017, Council identified backyard fire pits as a priority issue,
prompting efforts to explore policy options to help mitigate potential smoke impacts on air
quality and public health, as well as improve neighborhood livability; and
WHEREAS, wood smoke is considered an air pollutant because it is made up of gases
and particles, both of which can cause health concerns; and
WHEREAS, on December 19, 2006, City Council adopted Ordinance No. 198, 2006,
which decriminalized certain provisions of the Code, including several provisions of Chapter
20, related to public nuisances, and designated many offenses against property as civil
infractions; and
WHEREAS, on further review of Chapter 20, City Council believes violations of the air
pollution nuisance Code should be civil rather than criminal in nature; and
WHEREAS, City Council believes adding requirements to the air pollution nuisance
provision of the Code would help mitigate nuisance effects of wood burning in
neighborhoods; and
WHEREAS, the Council finds and determines that the adoption of this Ordinance is in
the best interest of the City and necessary for the public’s health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 20-1 of the Code of the City of Fort Collins is hereby
amended as follows:
-2-
Sec. 20-1. Air pollution nuisances prohibited.
…
(e) No person being the owner, occupant, tenant, or otherwise having any possessory
control, individually or jointly with others, of any property shall cause or allow the
burning of solid fuel outdoors on such property between the hours of 10:00 p.m. and
7:00 a.m.
(f) No person being the owner, occupant, tenant, or otherwise having any possessory
control, individually or jointly with others, of any property shall cause or allow the
burning of solid fuel outdoors on such property less than twenty-five feet from any
abutting property line.
(g) The provisions of 20-1(e) and 20-1(f) shall not apply to any of the following:
(1) Solid fuel-burning appliances specifically designed and used exclusively for
outdoor noncommercial cooking of food for human consumption, such as
barbecue grills and smokers; or
(2) Fires, where written approval has been granted by the Fire Code Official;.
(3) Smoking, as defined in City Code 12-56, “smoke or smoking.”
(h) Any person who violates any provision of Subsection 20-1 commits a civil infraction
and is subject to the penalty provisions of Subsection 1-15(f).
Introduced, considered favorably on first reading, and ordered published this 5th day of
March, A.D. 2019, and to be presented for final passage on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-3-
Passed and adopted on final reading on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-1-
ORDINANCE NO. 043, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
GENERAL FUND TO INCREASE STAFFING FOR OUTDOOR
RESIDENTIAL WOOD BURNING PROGRAM SUPPORT
WHEREAS, on December 1, 1987, the City Council adopted Ordinance No. 180,
1987, amending the City Code to include as a public nuisance certain types of air pollutants; and
WHEREAS, since the adoption of those Code provisions, as scientific knowledge has
grown and citizen concerns have changed, subsequent City Councils have amended the Code
to regulate different types of public nuisances with regard to air pollution; and
WHEREAS, in recent years, concerns have been reported to City Staff regarding nuisance
impacts from wood fires in residential neighborhoods; and
WHEREAS, in May 2017, Council identified backyard fire pits as a priority issue,
prompting efforts to explore policy options to help mitigate potential smoke impacts on air
quality and public health, as well as improve neighborhood livability; and
WHEREAS, wood smoke is considered an air pollutant because it is made up of gases
and particles, both of which can cause health concerns; and
WHEREAS, on December 19, 2006, City Council adopted Ordinance No. 198, 2006,
which decriminalized certain provisions of the Code, including several provisions of Chapter 20,
related to public nuisances, and designated many offenses against property as civil infractions;
and
WHEREAS, on further review of Chapter 20, City Council believes violations of the air
pollution nuisance Code should be civil rather than criminal in nature; and
WHEREAS, City Council believes adding requirements to the air pollution nuisance
provision of the Code would help mitigate nuisance effects of wood burning in neighborhoods;
and
WHEREAS, enforcing these Code provisions will take additional staff time, as most of
the wood burning does not happen during the general business hours of the City; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
citizens of Fort Collins and serves the public purpose of mitigating air pollutant impacts to the
citizens of Fort Collins; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
-2-
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of THIRTEEN THOUSAND FOUR HUNDRED NINE DOLLARS ($13,409) for
expenditure in the General Fund for the Outdoor Residential Wood Burning Program.
Introduced, considered favorably on first reading, and ordered published this 5th day of
March, A.D. 2019, and to be presented for final passage on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk