A Resolution of the Board of Trustees for the Town of Deer Trail, Colorado adopting and consenting to the application and enforcement for the Arapahoe County Fire Ban within the corporate limits of the Town of Deer Trail.
Whereas, the Town of Deer Trail, Colorado, authorizes the Board of Trustees of Deer Trail to ban open fires within the unincorporated areas of Arapahoe County when the danger of fire is found to be high; and
Whereas, conditions of extreme fire hazard now exist in Arapahoe County including properties in and around the Town of Deer Trail; and
Whereas, by the express language of C.R.S. §30-15-401 (8), a county ban is not applicable or enforceable within the corporate limits of a municipality; and
Whereas, C.R.S. § 30-15-401 (8) provided that a county resolution adopted in accordance with the authority of such section may be made applicable to and enforceable within the corporate limits of a municipality in the event that the governing body of the municipality "consents" to such applicability and enforcement within the corporate limits of the municipality. Further, such state law provides that, if the municipality so consents, the application and enforcement of such county resolution shall be uniform within the municipality and in the applicable unincorporated areas of the county, unless the county and the municipality agree otherwise pursuant to an intergovernmental agreement; and
Whereas, the Town of Deer Trail desires to implement the authority provided by C.R.S. § 30-15-401 (8) and consent to the application and enforcement of the Arapahoe County fire ban effective immediately, within the limits of the Town of Deer Trail.
Now, therefore, be it resolved by the Board of Trustees fo the Town of Deer Trail, Colorado:
Section 1.
The Town of Deer Trail consents to the application of the following fire ban to all properties within the Town of Deer Trail:
Arapahoe County Open Burning Ban
Effective immediately, the Arapahoe County Sheriff has issued a ban on all open fires and open burning within Unincorporated Arapahoe County, to include the Cherry Creek State Park and the City of Centennial. The Open Burning Ban will remain in effect until such time as this order is formally rescinded or temporarily suspended by the Sheriff. David C. Walcher, Arapahoe County Sheriff, has determined that the existing conditions in Arapahoe County present an extreme danger for the possibility of wildfire and large wildland fires. The authority to implement the Open Burning Ban within Unincorporated Arapahoe County is provided through Arapahoe County Ordinance #2000-02 and Colorado Revised Statutes 30-10-512 and 30-15-40 I (1) (n.5). The authority to implement the Open Burning Ban within the City of Centennial is provided through Colorado Revised Statutes 30-15-40l(ln.5) (1) and 30-15-401(8).
Prohibited open fires or open burning shall be defined as the usage of any fireworks, and any other outdoor fires including, but not limited to: campfires; fires in constructed, permanent fire pits or fire grates within developed camp and picnic grounds or recreation sites, charcoal fueled fires, warming fires; fires in outdoor wood burning stoves (chimney sparks or embers); the prescribed burning of fence lines, fence rows, fields, farmlands, rangelands, wildlands, trash or debris. The Arapahoe County Sheriffs Open Burning Ban is enforced as a County Ordinance violation that, upon conviction, could result in fines of $500.00 for the first offense, $750.00 for a second offense, and $1,000.00 for a third and subsequent offenses.
The following shall be exempt from the Open Burning Ban:
- Fires contained within liquid fueled or gas stoves, fireplaces and wood burning stoves/fireplaces within habitable buildings.
- Propane/LP/Natural Gas fueled barbeque grills used for cooking or warming food, which do not produce or emit sparks or embers when used.
- Charcoal fueled grills and pits used for cooking or warming food, which do not produce or emit sparks or embers when used.
- Propane/LP/Natural Gas fueled fire pits that do not produce or emit sparks or embers when used.
- Fire set by any federal, state, or local officer, or member of a fire protection district in the performance of an official duty.
- Public fireworks display supervised by appropriate firefighting/public safety personnel and supported by adequate equipment assigned to be on the scene of such permitted public displays.
Section 2.
Any temporary suspensions or other similar administrative decisions made in the administration of the fire ban by Arapahoe County, or the Arapahoe County Sheriff shall also observe within the Town of Deer Trail without need for the further action by the Town.
Section 3.
By Consent to the enforcement of the fire ban imposed by Arapahoe County as set forth above, the Town does not intend to otherwise implicitly repeal, modify, or consent to the conduct of the "public fireworks displays with adequate firefighting personnel and equipment assigned to be on the scene of such permitted public display" as accepted in County fire ban.
Introduced, read, and adopted this sixth day of October 2015.
Kent Vashus, Mayor
Attest: Wendy Heywood, Town Clerk