HomeMy WebLinkAbout064 - 05/07/2013 - AMENDING THE CITY CODE TO AUTHORIZE THE CITY MANAGER TO BAN OPEN BURNING IN THE CITY UPON RECOMMENDA ORDINANCE NO. 064, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
AUTHORIZE THE CITY MANAGER TO BAN OPEN BURNING IN THE
CITY UPON RECOMMENDATION OF THE FIRE CHIEF
WHEREAS, during June and July 2012, the area immediately west of Fort Collins was the
scene of the High Park Fire, the most catastrophic forest fire in the state's history; and
WHEREAS,the High Park Fire and other severe fire conditions throughout the state in 2012
demonstrated that both weather and fire conditions can change rapidly and may require immediate
action of the City to reduce the risk of wildfire within the City limits; and
WHEREAS, the City Council acknowledges that weather conditions, lack of precipitation
and heavy fuel loading frequently create a threat of fire in the City and in the neighboring prairies
and forests of Latimer County; and
WHEREAS, the City Council recognizes that open fires and open burning can be a prime
cause of grass and prairie fires in the City and neighboring communities; and
WHEREAS,as a home-rule municipal corporation created and organized pursuant to Article
20 of the Colorado Constitution and the City Charter, the City has the power to impose restrictions
on open burning; and
WHEREAS, the City Council wishes to preserve and protect the public health, safety and
welfare of the residents of the City and surrounding areas by restricting open fires and open burning
in the municipal limits of the City in order to prevent forest and grass fires when a high danger of
such fires exists as a result of atmospheric and natural fuel conditions, including lack of moisture
and other local conditions in the City; and
WHEREAS, the emergency nature of severe fire conditions makes the timely issuance of a
ban on open burning critical to the safety of the community; and
WHEREAS, the City Code currently allows the City Manager to proclaim the existence of
a local emergency for a period of seven days, which period of time can be extended only with the
consent of the City Council; and
WHEREAS, the City Code also allows the City Manager to issue emergency rules and
regulations in order to protect the safety of Cityresidents and of persons conducting business within
the City, which rules and regulations are subject to City Council's confirmation at the earliest
practical time; and
WHEREAS, since fire conditions can change quickly, City staff,recommends that the City
Manager be given the authority to enact restrictions on open burning as fire conditions rise to a
severe level, upon recommendation of the Fire Chief, and without the delay that is inherent in
seeking and obtaining City Council approval; and
WHEREAS, such a ban would be enforceable by City police and Poudre Fire Authority
officials, so as to protect the public health, safety and welfare of the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 9 of the Code of the City of Fort Collins is hereby amended by the addition
of a new Article II which reads in its entirety as follows:
CHAPTER 9
Article 11. Open Fire and Burning Restrictions
r
See. 9-5. Application.
This Article shall apply to all open fires or open burnings when the restrictions
authorized by this Article are in effect.
See. 9-6. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section.
Fire Code Official shall mean the Chief of the Poudre Fire Authority or his or her
designee.
Fireworks shall mean "fireworks" as defined in Section 3302.1 of the 2006
International Fire Code adopted and amended at Chapter 9 of the City Code.
Open fire or open burning shall mean any outdoor fire, including,but not limited to,
campfires, warming fires, the lighting of any fused explosives and fireworks of any
kind or brand, the lighting of model rockets, and the burning of fence lines or rows,
grass lands, fields, farm lands, range lands, wild lands, trash and debris. Opera
burning shall not include:
(1) fires in liquid-fueled or gas-fueled stoves, grills or fireplaces;
(2) fires in wood-burning fireplaces that are contained within buildings;
(3) fires in charcoal grills at private one and two family residences;
(4) commercial, professional and municipal fireworks displays where specific
written approval has been granted by the Fire Code Official; and
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(5) prescribed or controlled burns for agricultural or irrigation purposes along
ditches located within and completely surrounded by irrigated farmlands where such
burning is necessary for crop survival and specific written approval has been granted
by the Fire Code Official.
Sec. 9-7. Declaration of Stage 1 fire restrictions.
The City Manager may declare Stage 1 Fire Restrictions in the City, after
consultation with the Fire Code Official, if he or she determines that the totality of
circumstances, including, but not limited to, current weather conditions, long and
short-tenn weather forecasts, lack of precipitation, , fire restrictions in neighboring
communities, regional fires and/or fires in close proximity to the City, live and dead
fuel moisture levels, energy release components, atmospheric conditions, degraded
air quality, and limited availability of suppression resources,have created a potential
threat of fire hazards within the City.
The Stage 1 restrictions imposed by this Article shall take effect immediately upon
the issuance of an administrative order executed by the City Manager, and shall
remain in effect until rescinded by a similar order.The City Manager shall notify the
City Council within twenty-four(24)hours after the issuance of such administrative
order. The authority granted under this Article is ongoing, and administrative orders
may be issued from time to time as conditions warrant.
Sec. 9-8 Stage 1 fire restrictions/prohibited and permitted acts.
(1) The following activities are prohibited when Stage I fire restrictions are in
place:
a. open burning of any kind without a permit from the Poudre Fire
Authority;
b. open discarding of cigarettes and smoking materials;
C. welding or the operation of torches with open flame in outdoor areas,
including public parks, greenbelts, open spaces and trail systems without a
permit;
d. operating or using any internal combustion engine (e.g., chainsaw)
without a spark arresting device properly installed, maintained and in
effective working order; and
e. operating any pest control equipment which relies upon the ignition
of flammable gases or liquids.
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(2) The following activities are permitted when Stage 1 fire restrictions are in
place:
a. fires within liquid-fueled or gas-fueled appliances including fire pits,
grills,and camp stoves;fireplaces within buildings;charcoal grill fires within
developed residential or commercial areas;fires within wood burning stoves;
b. fires specifically authorized by a permit issued by the Fire Code
Official, including permitted professional fireworks displays;
C. fire department training fires;
d. tiki torches; small recreational fires at developed picnic or
campground sites contained in permanent fire pits or fire grates having a total
fuel area of three(3) feet or less in diameter and two(2) feet or less in height
and which are supervised by a responsible person at least twenty-one (21)
years of age;
e. open fires or open burning by any federal, state or local officer or
member of an organized fire protection district or department in the
performance of official,fire suppression functions; and
f. wood,gas orliquid fueled commercial cooking or smoking appliances
when used for commercial food preparation.
(3) It shall be unlawful for any person to start, build, maintain, attend or use an
open fire or conduct open burning in violation of the prohibitions of Stage 1 fire
restrictions in the City, including public, private, state and federal lands while such
restrictions are in effect.
Sec. 9-9 Declaration of Stage 2 restrictions.
The City Manager may declare Stage 2 fire restrictions in the City, after consultation
with the Fire Code Official, if he or she determines that the totality of circumstances,
including,but not limited to,current weather conditions,long and short-term weather
forecasts, lack of precipitation, , fire restrictions in neighboring communities,
regional fires and/or fires in close proximity to the City, live and dead fuel moisture
levels,energy release components,atmospheric conditions,degraded air quality,and
limited availability of suppression resources have created an imminent threat of fire
hazards within the City.
The Stage 2 restrictions imposed by this Article shall take effect immediately upon
the issuance of an administrative order executed by the City Manager, and shall
remain in effect until rescinded by a similar order.The City Manager shall notify the
City Council within twenty-four(24)hours after the issuance of such administrative
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order. The authority granted under this Article is ongoing, and administrative orders
may be issued from time to time as conditions warrant.
Sec. 9-10. Stage 2 restrictions/prohibited and permitted acts.
(1) The following activities are prohibited when Stage 2 fire restrictions are in
place:
a. all fires prohibited under Section 9-8(1);
b. open burning of any kind;
C. charcoal grill fires within developed residential or commercial areas;
d. burning of explosive wastes by the manufacturer of explosives in
areas zoned for industrial use, when the burning is supervised by a fire
protection district;
e. use of or fires in chimneys, other portable fireplaces or patio fire pits
(which are not liquid or gas fueled); and
f. campfires at developed campgrounds or picnic areas.
(2) The following activities are permitted when Stage 2 fire restrictions are in
place:
a. fires within liquid-fueled or gas-fueled appliances including fire pits,
grills, and camp stoves;
b. use of all fireplaces and wood burning stoves within buildings;
C. fire department training fires;
d. open fires or open burning by any federal, state or local officer or
member of an organized fire protection district or department in the
performance of official fire suppression functions;
C. wood,gas or liquid fueled commercial cooking or smoking appliances
when used for commercial food preparation after review and approval of the
Fire Code Official.
(3) It shall be unlawful for any person to start, build, maintain, attend or use an
open fire or conduct open burning in violation of the prohibitions of Stage 2 fire
restrictions in the City, including public, private, state and federal lands while such
restrictions are in effect.
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See. 9-11. Enforcement.
The provisions of this Article shall be enforced by the Chief of Police, City police
officers, and the Fire Code Officials as defined in the International Fire Code, as
adopted and amended at Chapter 9 of the City Code.
Sec. 9-12 Violations; penalties.
Any person who violates any provision of this Article commits a misdemeanor
criminal offense and is subject to the penalty provisions of Subsection 1-1 5(a)of the
City Code.
Introduced, considered favorably on first reading, and ordered published this 16th day of
April, A.D. 2013, and to be presented for final passage on the 7th day of May, A.D. 2013.
FORT CO _
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City Clerk
Passed and adopted on final reading on the 7th day of May, A.D. 2013.
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