HomeMy Public PortalAboutOrdinance 381TOWN OF FRASER
ORDINANCE NO. 381
AN ORDINANCE AMENDING ARTICLE 7 -5 -40 (OPEN BURNING) OF THE FRASER
MUNICIPAL CODE
WHEREAS, the Fraser Board of Trustees declared a fire ban and burning restrictions
and declared an emergency in July 2007; and
WHEREAS, the Fraser Board of Trustees finds that these regulations are necessary to
provide for the public safety and protect the health and welfare of the citizens of Fraser; and
WHEREAS, The Fraser Board of Trustees finds that it is the desire of the Town of
Fraser to reduce the danger of wildfires in the Fraser Valley; and
WHEREAS, The Fraser Board of Trustees hereby clarifies the Open Burning
Regulations to prohibit open burning only whenever the Board of County Commissioners have
implemented a County wide ban.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE. Article 7 -5 -40 of the Code of the Town of
Fraser, Colorado (herein sometimes referred to as the "Municipal Code is hereby amended as
follows:
(Note: additions are shown in bold underlined print; deletions are shown as strikcthrough
print.
NOW THEREFORE, BE IT ORDAINED AND RESOLVED by the Board of Trustees of the Town
of Fraser:
a. Open burning is prohibited in the Town of Fraser, whenever the Board of
County Commissioners of the County of Grand declares and /or implements
burning restrictions and shall remain in effect unless or until the County
wide ban is amended or rescinded by the Board of County Commissioners
of the County of Grand.
b. For the purposes of this Order "open burning" shall be defined as any outdoor
fire, including but not limited to campfires, slash burning, warming fires, charcoal
grill fires on public property, fused explosives, fireworks of all kinds and brands,
or the prescribed burning of fence rows, fields, wildlands, trash and debris. This
Order excludes fires contained within buildings, self contained charcoal grill fires
at private residences, and permanent fire pits or fire grates located on developed
picnic grounds or campgrounds as listed in exhibit "A This Order excludes
public and /or commercial fireworks displays.
c. This Order shall be enforced by the Fraser Winter Park Police Department and
any other Peace Officer with authority in Grand County The penalty assessment
d.
procedure provided in C.R.S. 16 -2 -201 shall be followed when enforcing the
provisions of this Order.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 1 day of JUNE, 2011.
Votes in favor:
Votes opposed:
Votes abstained: O.
Published in the Middle Park Times on June 9, 2011.
2
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Fran Cook, Mayor
ATTEST:
A
Lu Berger, Town rk
c@A