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WELD COUNTY
CODE ORDINANCE 2010-7
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 15
VEGETATION, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 15
VEGETATION
Amend Article III title to read as follows:
ARTICLE III
Prescribed or Intentional Burns
Amend Sec. 15-3-10. Purpose.
The Board of County Commissioners, pursuant to the authority granted in Sections 30-15-
401(1)(n.5) and 30-15-401(2)(a)(II), C.R.S., as amended, hereby promulgates regulations to
regulate prescribed or intentional burns on properties of certain detailed sizes in those area(s) of
Weld County and for such period(s) as are described in the Enactment and Enforcement
Resolution. These regulations are necessary because of typically continued dry conditions in Weld
County for extended periods of time.
Amend Sec. 15-3-20. Application; jurisdiction; procedure.
The regulations contained in this Article shall apply to, and be enforceable within,that area of
Weld County detailed by the Board of County Commissioners in its Enactment and Enforcement
Resolution. It shall be the duty of the Sheriff to enforce the regulations. The County Court shall
have jurisdiction in prosecutions of violations of the regulations.Simplified County Court Procedures,
as set forth in Section 16-2-101, et seq., C.R.S., shall be applicable to prosecutions of violations of
the regulations contained in this Article. Any summons and complaint brought in the County Court
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for violation of any of the regulations set forth herein shall be filed in the name of the County of
Weld, by and on behalf of the People of the State of Colorado, with all process issued from the
County Court likewise denominated. The County Attorney shall be empowered to enforce the
regulations and to appear and prosecute for the County of Weld by, and in the name of,the People
of the State of Colorado, in any proceeding in the County Court involving a violation of the
regulations contained in this Article.
Amend Sec. 15-3-30. Definitions.
Unless specifically stated otherwise,the following words have the following definitions in this
Article:
Enactment and Enforcement Resolution means a Resolution of the board of County
Commissioners duly approved at a regular or special meeting of the Board, which prohibits
prescribed or intentional burns on properties of certain detailed sizes in those area(s) of Weld
County for such period(s) as are described therein.
Irrigation structure means any ditch, canal, conduit, reservoir, race,drain,flume, inlet, outlet,
and/or spillway used for irrigation purposes and often cleaned of grasses, weeds, and other
combustible debris by means of controlled burning.
Prescribed or intentional burn means the intentional fire ignition and controlled burning of
grasses,weeds, and other combustible materials on properties for the purpose of clearing the same,
managing fuels, and/or providing habitat for wildlife,on properties being of a certain number of acres
in size, as detailed in the Enactment and Enforcement Resolution, excluding the areas immediately
surrounding irrigation structures.
Sec. 15-3-40. Prohibited acts.
Prescribed or intentional burns conducted within the area(s)described in the Enactment and
Enforcement Resolution, during the time period(s) stated therein, are prohibited.
Remainder of Sections - No change
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2010-7 was, on motion duly made and
seconded, adopted by the following vote on the 21st day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
'r WELD C TY, COLORADO
ATTEST:
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Do l$$s Rade cher, C ai
Weld County Clerk tot :O
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�� �. .4, rbara Kirkmeyer, Pro em
BY:
D-puty Cler •o the Board��►�
Sean P. Con C)
A ED A ORM: WA/
Win- . F. Garcia
bunty Attorney a.
David E. Long
First Reading: May 24, 2010
Publication: May 27, 2010, in the Windsor Beacon
Second Reading: June 7, 2010
Publication: June 10, 2010, in the Windsor Beacon
Final Reading: June 21, 2010
Publication: June 24, 2010, in the Windsor Beacon
Effective: June 29, 2010
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