§ 8.16.020. Fire restrictions.

(a)

The Town Marshal is hereby authorized to declare and implement a fire ban applicable within the municipal boundaries of the Town upon his or her determination that one or more of the following conditions exists:

(1)

When Clear Creek County implements a fire ban and/or stage 2 fire restrictions;

(2)

In the event the Town Marshal determines, in his or her reasonable judgment, that temperature, wind, dry fuel source, lightning, or other conditions have resulted in a higher level of fire danger requiring imposition of fire ban restrictions; or

(3)

When directed by the Town Administrator to impose fire ban restrictions.

(b)

When imposed, notice of such restrictions shall be posted at the Town Hall and other locations to fully advise the public.

(c)

Fire ban restrictions shall be deemed to prohibit the following activities:

(1)

Building, maintaining, attending or using a fire or campfire, charcoal, coal, or open fire, open burning, recreational fire or wood stove;

(2)

Other than on private property, smoking, except within an enclosed vehicle or building, a developed recreation site, or while stopped in an area at least three (3) feet in diameter that is barren or cleared of all flammable materials;

(3)

Welding or operating an acetylene or other torch with open flame;

(4)

Operating or using any internal or external combustion engine (for example, chainsaw) without a spark arresting device properly installed, maintained in an effective working order;

(5)

Disposing of any burning object outdoors;

(6)

Any other activity that poses a significant risk of starting a fire.

(d)

Exemptions: the following activities are exempt from any fire ban fire restrictions imposed under this section:

(1)

Persons with valid written permit from the Town Marshal which specifically authorizes the (otherwise prohibited) act;

(2)

Any federal, state or local law enforcement or fire officer acting in the performance of an official duty;

(3)

Any fires contained within liquid fueled or gas fueled stoves or appliances;

(4)

Unless prohibited by Town Marshal during a fire ban any charcoal grill or barbecue grill fire at a private residence wherein the fire is a fully contained within a manufactured container specifically designed for that purpose;

(5)

Unless prohibited by Town Marshal during a fire ban, the use of petroleum-fueled stoves, lanterns or heating devices, or portable outdoor fireplaces at a private residence provided such devices are attended at all times. These devices must be operated according to the manufacturers' instructions with all covers, screens, spark arrestors and grates in place. Portable outdoor fireplaces may not be operated within thirty (30) feet of a structure or combustible material.

(e)

Persons operating under any of the foregoing exemptions shall take adequate measures to prevent uncontrolled fires. Such measures include, but are not limited to:

(1)

Containers of adequate water or dry soil nearby;

(2)

Shovels, fire extinguishers, or other extinguishing agents nearby;

(3)

Coordination with the local fire department or district to be on scene or standing by during an activity which is other than one (1) taking place at a private residence.

(f)

Definitions. As used in this Chapter 8.16, the following terms are defined:

Fireworks means all fireworks as defined in Section 12-28-101, CRS, and specifically including "permissible fireworks" as defined in Section 12-28-101(8), CRS.

Liquid or gas fueled appliances mean appliances such as fire pits, grills and camp stoves that burn liquid or gaseous fuels and can be shut off. This does not include any device that burns solid fuels such as wood or charcoal and which must be extinguished.

Open fire and open burning mean any outdoor fire not contained within a portable outdoor fireplace. This includes but is not limited to campfires, bonfires, warming fires, the lighting of any fused explosives, permissible fireworks, the use of model rockets and sky lanterns.

Portable outdoor fireplace means a commercially purchased portable, outdoor, solid fuel-burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney at the top.

Recreational fire means any outdoor fire where the fire is not contained in a portable outdoor fireplace or barbeque grill. This includes fires in drums and barrels, fixed outdoor fireplaces and fire pits.

Outdoor welding and cutting torch appliances means gas cylinder mixtures, electric and/or portable powered welders and cutting appliances.

(g)

Violations. Any person violating any of the fire ban restrictions contained in this section, during a period when the Town Marshal has declared a fire ban and activated these restrictions, shall be guilty of a municipal code violation and shall, upon conviction by the municipal court, be subject to such penalties as imposed by the court.

( Ord. 2 §1, 2017)