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Sheriff Pelle Orders Outdoor Fire Ban

Tuesday, March 27, 2012

 

MEDIA RELEASE  March 27, 2011

 

TO:                  Boulder County Area Media
 
FROM:             Fire Management Officer Jay Stalnacker #303-441-3642

RE:                  
Sheriff Pelle Orders Outdoor Fire Ban
 
 
Boulder County has seen little moisture over the past month and fire conditions continue to worsen as little relief is anticipated. In addition, Red Flag Fire and high wind warnings and watches have continued to be issued almost weekly. The National Weather Service has declared March 2012 as the driest month on record. These weather conditions along with a series of at least three human-caused fires this past week have prompted Sheriff Joe Pelle to pro-actively respond by issuance of a Fire Ban.
 
State statutes authorize counties to impose a fire ban when “the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from any natural cause or cause of human origin, including but not limited to fire..."
 
Responding to the current threats and conditions, Sheriff Joe Pelle has enacted a fire ban restricting open burning. The sale of fireworks and use of fireworks and model rockets is prohibited in all unincorporated areas of Boulder County. The Sheriff requests that outdoor recreational shooting be considered hazardous and the public should take great caution or even refrain from these activities.
 
The Fire Ban allows for:
 
Fire contained within Liquid or gas fuel stoves
 
Camp fires in USFS improved/maintained campgrounds that are currently open to the public.
 
Charcoal grill fires on private lands
 
It bans all other open fire, the use of any kind of fireworks and model rockets.
 
The restrictions will take effect at 1030 a.m. on Tuesday, March 27th, 2012.  A copy of the Sheriff’s order is attached to this media release. Advisory signs will be posted on roadways countywide by the end of this week.
 
The Fire ban will remain in effect until the hazardous fire conditions subside.
 
Anyone found in violation of the Fire Ban may be convicted of a class 2 petty offense and may be subject to a $500 fine. Higher fines may be imposed for subsequent offenses.
 
This media release may be found on the Boulder County Sheriff’s Office web-site at:  www.bouldersheriff.org
 
 
 
 
 
 
DECLARING FIRE BAN IN BOULDER COUNTY
 
WHEREAS, C.R.S. §30-15-401(1)(n.5) authorizes the Board of County Commissioners of Boulder County to impose fire restrictions and to ban open fires within the unincorporated areas of the county when the danger of forest or grass fires is found to be high; and
 
WHEREAS, Boulder County Ordinance 2006-2 states that the Board of County Commissioners of the County of Boulder or the Boulder County Sheriff shall, whenever the danger of forest or grass fires is found to be high, and without further proceedings or resolution, have the authority to declare an open fire ban, which may include the prohibition on the sale of fireworks; and 
  
WHEREAS, the Boulder County Sheriff has found that the danger of forest or grass fires is indeed high; and
 
WHEREAS, in addition to the powers granted to the Board and Sheriff to impose fire restrictions and ban open fires, C.R.S. §24-32-2109(1), provides that the principal executive officer of the county may declare a local disaster, defined at C.R.S. §24-32-2103 to mean "the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from any natural cause or cause of human origin, including but not limited to fire...";  and
 
            WHEREAS, The National Weather Service has stated that March 2012 has been the driest month on record; and
 
WHEREAS, the Boulder County Emergency Operations Plan provides for imposition of fire restrictions under these circumstances;
 
NOW, THEREFORE, IT IS ORDERED THAT:
 
1.         A fire ban is in effect and open burning is restricted and the sale of fireworks and use of fireworks and model rockets is prohibited in all unincorporated areas of Boulder County.
 
2.         For purposes of this order, "open burning" shall be defined as any outdoor fire, including but not limited to campfires, warming fires and forest slash pile burning. 
 
 
The Fire Ban ALLOWS for:
 
Fire contained within liquid or gas fuel stoves
 
Camp fires in United States Forest Service (USFS) improved/maintained campgrounds that are currently open to the public
 
Charcoal grill fires on private property
 
 This order also excludes any federal, state, or local officer or member of an organized rescue, police or firefighting agency in the performance of an official duty.
 
3.         Because sparks and hot ashes from any source contribute to the fire danger, the discharge of all fireworks including permissible fireworks, as defined in C.R.S. §12-28-101(8), as amended, outside incorporated city limits and within the unincorporated areas of Boulder County described in paragraph 1, is prohibited.  In addition smoking outside incorporated city limits is strongly discouraged except within an enclosed motor vehicle or building, a developed recreation site, or while stopped in an area at least three feet in diameter that is barren or cleared of all flammable materials.
 
4.         This Fire Ban including a ban on open burning and the sale and discharge of fireworks in Boulder County shall be in effect beginning at 10:30 a.m. on Tuesday, March 27th, 2012 and shall remain in effect unless amended or rescinded by the Boulder County Sheriff or the Board of County Commissioners of Boulder County.
 
5.         Any person who violates this Fire Ban commits a class 2 petty offense and upon conviction thereof, shall be punished by a fine of five hundred dollars ($500) for a first offense, seven hundred and fifty dollars ($750) for a second offense, and one thousand dollars ($1000) for a third and any subsequent offense. The penalty assessment procedure provided in Section 16-2-201, C.R.S. shall be followed by the arresting Sheriff’s Deputy or other officer for any violation of these Level 1 Fire Restrictions, and the graduated fine schedule set forth herein shall be followed when issuing any summons and complaint in accordance with such procedure.
  
ADOPTED this 27th day of March, 2012.
 

  ___________________________

Joseph K. Pelle, Sheriff
 
_____________________________
                                                                        Cindy Domenico, BOCC Chairperson




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