HomeMy WebLinkAbout20101714.tiff (cADA 4 ao a U-
CHAPTER 15
Vegetation
ARTICLE III
Prescribed or Intentional Burns
Sec. 15-3-10.Purpose.
The Board of County Commissioners, pursuant to the authority granted in Sections 30-15-
401(l)(n.5) and 30-15-401(2)(a)(1I), C.R.S., as amended, hereby promulgates regulations to
prohibit 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 of property lying within that area of Weld County whieh is
described in Section 15 3 20, below. These regulations are necessary because of typically
continued dry conditions in Weld County for extended periods of time, the of abundant
grassland fuels, and patterns of private ownership incongruously interspersed with federally
Sec. 15-3-20.Application;jurisdiction; procedure.
The regulations contained in this Article shall apply to and be enforceable within the that area of
Weld County detailed by the Board of County Commissioners in its Enactment and Enforcement
Resolution lying north of Weld County Road ("WCR") 86, west of WCR 157, and cast of U.B.
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:
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 and 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.
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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 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 more than three (3) 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 NSA area(s) described in the
Enactment and Enforcement Resolution, during the time period(s) stated therein, 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:
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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.
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Esther Gesick
From: Bruce Barker
Sent: Monday, May 17, 2010 4:20 PM
To: Esther Gesick
Subject: Amendment to Prescribed Burn provisions
Attachments: Amended Prescribed Burn Prohibition.doc
See the attached. Board wants this to get going quickly, so let's shoot for Monday of next
week for first reading?
Thanks.
Bruce.
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Hello