HomeMy WebLinkAbout20100777.tiff CHAPTER 15
Vegetation
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)(ll), 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 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 3.
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.
2010-0777
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Sec. 15-3-40. Prohibited acts.
Prescribed bums 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 III shall have the option of paying the below-
specified penalty assessments therefor 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 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.
Arapaho and Roosevelt National Forests
Pawnee National Grassland
News Release * News Release * News Release
Tall, Cured Grasses Increase Wildfire Threat on Grassland
SUPERVISOR'S OFFICE www.fs.fed.us/r2/arnf/ Contact: Tammy Williams, 970-295-6693
2150 Centre Avenue,Building E
Fort Collins, CO 80526
970-295-6600 Greeley, Colo. (Feb. 5, 2010)—Lori Bell, District Ranger on the Pawnee
Fax:970-2956697 National Grassland, reminds everyone to be extra careful with anything that
PAWNEE NATIONAL GRASSLAND may start a wildfire when visiting the Grassland.
660 O Street
Gree/ey,CO 80631
970-346-5000 The unusually wet spring and summer of 2009 helped the grasses grow very
Fax:970-346-5014 tall. These grasses are now cured, very dry and primed to burn.
BOULDER RANGER DISTRICT
2140 Yarmouth Avenue In early November, two human-caused wildfires burned 687 acres on the
303-541-25000301 Pawnee. One fire was 64 acres in size and started by a model rocket that
Fax:303-541-2515 malfunctioned. The second fire totaled 623 acres and was started by
cardboard being burned in windy conditions.
CLEAR CREEK
RANGER DISTRICT
Po.Box 3307 Chicago Creek Road "People come to the Grassland and may not think about the wildfire threat like
Idaho Springs,CO 80452 they would in the forest," District Ranger Bell said. "But burning grass with
303-567-3000 g
Fax:303-567-3021 strong winds can be a deadly force when someone carelessly sets it on fire."
CANYON LAKES ###
RANGER DISTRICT
2150 Centre Avenue,Building E
Fort Collins,CO 80526
970-295-6700
Fax:970-295-6797
SULPHUR RANGER DISTRICT
9 Ten Mile Drive
P.O.Box 10
Granby,CO 80446
970-887-4100
Fax:970-887-4102
§ 30-15-401. General regulations
(1) In addition to those powers granted by sections 30-11-101 and 30-11- 107 and by
parts 1, 2, and 3 of this article, the board of county commissioners has the power to
adopt ordinances for control or licensing of those matters of purely local concern which
are described in the following enumerated powers:
(n.5) To ban open fires to a degree and in a manner that the board of county
commissioners deems necessary to reduce the danger of wildfires within those portions of
the unincorporated areas of the county where the danger of forest or grass fires is found
to be high based on competent evidence. For purposes of this paragraph (n.5),
"competent evidence" may include, but is not limited to, the use of the national fire
danger rating system and any other similar indices or information.
(2)(a)(II) The board of county commissioners may designate, by resolution, areas in the
unincorporated territory of the county exclusively within which an ordinance adopted
pursuant to this section shall apply. The board shall set forth a rational basis for the
designation and hold a public hearing prior to making the designation at which any
interested person shall have an opportunity to be heard.
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