HomeMy WebLinkAbout065 - 06/26/2012 - BANNING OPEN BURNING IN THE CITY EMERGENCY ORDINANCE NO. 065, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BANNING OPEN BURNING IN THE CITY
WHEREAS, since June 9, 2012, the area immediately west of Fort Collins has been the
scene of the High Park Fire, the most catastrophic forest fire in the state's history; and
WHEREAS, as of the date of this Ordinance, the High Park Fire is only 55% contained,
has burned over 83,000 acres, and destroyed over 248 homes; and
WHEREAS, on June 14, 2012, pursuant to Article IV, Section 2 of the Colorado
Constitution and C.R.S. § 23-31-308, Governor Hickenlooper issued an executive order (the
"Order") banning open burning in the state of Colorado as a result of high temperatures, dry
conditions, the High Park Fire, and numerous other reported wildfires throughout the state of
Colorado; and
WHEREAS, the Order recognizes the ability of Colorado municipalities to enact more
comprehensive or inclusive restrictions on open burning; and
WHEREAS, the Fire Chief has recommended that the City Council enact a local ban on
open burning that is more restrictive than the ban imposed by the Order and that 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; and
WHEREAS, as a home-rule municipal corporation created and organized pursuant to
Article 20 of the Colorado Constitution and the Charter of the City of Fort Collins, the City has
the power to impose such a ban; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the City Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least Five members of the City Council and which shall contain the specific statement of the
nature of the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that there presently exists in the City
the potential for catastrophic fire events, as evidenced by the High Park Fire and that such
situation presents an imminent threat of harm to property and persons within the City.
Section 2. That, in response to such emergency, it is appropriate and necessary in the
interests of the public health, safety and welfare for the City Council to impose a ban on open
burning in the City.
Section 3. That open burning is hereby prohibited in the City.
Section 4. That, for the purposes of this Ordinance, "open burning" shall mean any
outdoor fire, including but not limited to campfires, warming fires, charcoal grill fires, fused
explosives, fireworks, and any other activity that poses a significant risk of starting a fire. Open
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 residences;
(4) commercial, professional and municipal fireworks displays where
specific written approval has been granted by the Fire Chief, and
(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
Chief.
Section 5. That the provisions of this Ordinance shall be enforceable by the Chief of
Police, City police officers, and the Fire Code Officials as defined in the 2006 International Fire
Code adopted and amended at Chapter 9 of the City Code.
Section 6. That any person who shall violate or fail to comply with any provision of
this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished as
specified in Subsection (a) of Section 1-15 of the City Code.
Section 7. That any rule or regulation in the City Code or in the 2006 International
Fire Code, whether existing at the time of the enactment of this ordinance or subsequent thereto,
which addresses open burning, including but not limited to Section 307 of the 2006 International
Fire Code as amended, shall be suspended and held in abeyance until this Ordinance is amended
or rescinded in the manner provided in Section 8 below.
Section 8. That the provisions of this Ordinance shall remain in full force and effect
until such time as: (a) the Fire Chief determines, in his discretion, that the fire danger to the City
no longer warrants the open burning restrictions set forth herein and files a written notice to that
effect in the Office of the City Clerk, in which event this Ordinance shall be rescinded; or (b) the
City Council amends or rescinds the same by ordinance, whichever first occurs.
Section 9. That the City Clerk is hereby directed to cause the publication of this
Ordinance in the Fort Collins Coloradoan no later than July 3, 2012.
Introduced, considered favorably by five (5) members of the Council of the City of Fort
Collins and finally passed as an emergency ordinance and ordered published this 26th day of
June, 2012.
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