HomeMy WebLinkAbout20021597.tiff STATE OF COLORADO
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Denver,Colorado 80203-1792 " u q
Phone(303)866-2471
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Bill Owens
June 4, 2002 Governor
Dear Colorado County Commissioners and Municipal Officials,
As you know, Colorado is experiencing severe drought conditions that have resulted in
extreme fire danger throughout most of the state. As we approach the heart of the fire
season, it is absolutely necessary that state and local leaders take aggressive action to
mitigate the risk of wildfires. An urgent concern is the use of fireworks as the July 4th
holiday approaches. For that reason, today I ordered a ban on open burning, including the
use of fireworks, on all state lands. I am also asking that federal land managers impose a
similar moratorium on all federal lands within our state.
Certain groups and individuals have publicly requested that I implement a statewide ban
on the sale and use of fireworks. While I want to remain open minded to these requests, I
believe that your authority to impose and enforce restrictions on the sale and use of
fireworks is more effective and would better serve Colorado. The state General Assembly
has granted county and municipal governments statutory authority to restrict the sale and
use of fireworks as well as the power to enforce those restrictions. Recognizing that the
level of fire danger is different from one county to the next, it is most appropriate for
local governments to determine the need for restrictions to mitigate the risk of wildfires
in that particular area. For instance, the risk of fireworks causing a wildfire in Park
County is much greater than the risk presented in many counties on the eastern plains.
As Governor, I may issue an executive order or emergency proclamation banning the sale
and/or use of fireworks within the state. However, such action would be a hollow gesture
since there is no way to penalize those who would violate this order. Therefore, I am
strongly encouraging local governments to closely examine the fire danger in your
jurisdiction and in your surrounding region. Following that evaluation, I urge you to
consider adopting ordinances restricting permissible fireworks and take measures to
ensure that existing state laws concerning illegal fireworks are enforced.
There is no question that the governing bodies of municipalities and counties have the
ability to restrict fireworks within their jurisdiction. Municipalities have broad authority
to restrict or ban the "sale, use, and possession of fireworks ..." C.R.S. §12-28-107.
Likewise, county commissioners have extensive authority to ban the use of fireworks.
Colorado statute charges commissioners with the duty "[t]o ban open fires to a degree
and in a manner that the board of county commissioners deems necessary to reduce the
danger of wildfires..." C.R.S. § 30-15-401(n.5).
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2002-1597
As I am sure you know, state law already bans the sale and use of most fireworks. In
general, fireworks that explode or leave the ground are illegal in the State of Colorado.
C.R.S. § 12-28-110. A violation of this law is punishable by up to six months
imprisonment and a $750 fine. C.R.S. § 12-28-110.
Certain fireworks remain permissible under state law and these include such popular
items as sparklers and fountains. Even these seemingly tame fireworks pose a significant
threat during this extremely dry summer. This is why I strongly encourage local
governments to work together to impose consistent fireworks restrictions that are
appropriate for the fire danger that is present in each region of Colorado.
As you reexamine your existing fire-prevention measures, I encourage you to work
closely with neighboring municipalities and counties to coordinate restrictions and bans.
Please contact my office if state resources can be of any assistance in helping ensure the
success of these efforts.
ely,
Bill Owens
Governor
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