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WELD COUNTY
CODE ORDINANCE 2010-2
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
Add Article III Prescribed Burns, as follows:
ARTICLE III
Prescribed Burns
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
prohibit prescribed burns of property lying within that area of Weld County which is described in
Section 15-3-20, below. These regulations are necessary because of continued dry conditions,
the existence of abundant grassland fuels, and patterns of private ownership incongruously
interspersed with federally owned lands of the Pawnee National Grasslands.
Sec. 15-3-20. Application; jurisdiction; procedure.
The regulations contained in this Article shall apply to, and be enforceable within, the
area of Weld County lying north of Weld County Road ("WCR") 86, west of WCR 157, and east
of U.S. Highway 85 ("NSA"). 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
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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 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.
Sec. 15-3-30. Definitions.
Unless specifically stated otherwise, the following words have the following definitions in
this Article:
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.
Northern Sub-Area ("NSA') means that area of Weld County described in Section 15-3-20,
above, wherein prescribed burning of grasses, weeds, and other combustible materials is
prohibited by the regulations set forth in this Article Ill.
Prescribed 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 more than three (3) acres in size,
excluding the areas immediately surrounding irrigation structures.
Sec. 15-3-40. Prohibited acts.
Prescribed burns conducted within the NSA are prohibited.
Sec. 15-3-50. Violations and penalties.
Any violation of this Article is a Class 2 petty offense punishable, upon conviction, by
mandatory fine of not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00),
upon a first conviction; by mandatory fine not less than fifty dollars ($50.00), nor more than one
hundred dollars ($100.00), upon a second conviction; and by a mandatory fine of not less than
one hundred dollars ($100.00), nor more than three hundred dollars ($300.00), upon a third or
subsequent conviction.
Sec. 15-3-60. Penalty assessment and schedule.
Notwithstanding the provisions of Section 15-3-50 above, the person charged with one
(1) or more of the violations of this Article Ill shall have the option of paying the below-specified
penalty assessments therefore to the County Treasurer, in lieu of further proceedings or
defense of such violation in Court, or of appearing in Court to defend such charge. If such
person elects to appear in Court, said person should be proceeded against as otherwise
provided by law for the violations charged and shall be subject to the penalties provided in
Section 15-3-50 above, if found guilty of such charges. In the event a person wants to pay the
prescribed penalty assessment as permitted herein, such payment shall constitute an
acknowledgment of guilt by such person of the offense charged and shall be deemed a
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complete satisfaction for such violation. Upon accepting the prescribed penalty assessment,
the County Treasurer shall issue a receipt to the violator acknowledging payment thereof. The
penalty assessment which may be accepted and paid by the violator under the privileges of this
Section shall be as follows:
Offense Number Fine Imposed
First Offense $ 25.00
Second Offense $ 50.00
Third Offense $ 100.00
Four or More Offenses The penalty
assessment shall
not apply and the
violator shall be
prosecuted under
the provisions of
Section 15-3-50
above, upon the
issuance of a
Summons to
Appear.
Sec. 15-3-70. Nonliability.
The Sheriff, the Board of County Commissioners, their assistants, attorneys, and
employees, and any person enforcing the provisions of this Article, as designated by the Board
of County Commissioners, shall not be held responsible for any accident, injury, or subsequent
disease, of whatever kind or character, which may occur in connection with the administration of
this Article. No portion of this Article shall be deemed to constitute a waiver of any immunities
which the Sheriff, the Board of County Commissioners, their assistants, and employees may
possess, nor shall any portion of this Article be deemed to have created a duty of care with
respect to any person.
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 2010-2, on motion duly made and
seconded, adopted by the following vote on the 22nd day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
William F. Garcia
County Attorney
David E. Long
First Reading: February 17, 2010
Publication: February 25, 2010, in the Windsor Beacon
Second Reading: March 8, 2010
Publication: March 11, 2010, in the Windsor Beacon
Final Reading: March 22, 2010
Publication: March 25, 2010, in the Windsor Beacon
Effective: March 30, 2010
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