ORDINANCE NO. 1389
Series of 2013
AN EMERGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TELLURIDE, COLORADO IMPOSING A BAN ON OPEN FIRES AND FIREWORKS AND RESTRICTING SMOKING WITHIN THE TOWN OF TELLURIDE.
WHEREAS, the Town Council is authorized pursuant to Section 4.13 of the Telluride Home Rule Charter to enact emergency ordinances; and
WHEREAS, drought conditions exist and continue to exist within the Telluride Region and surrounding area; and
WHEREAS, extraordinary measures to protect against the risk of potential wildfires are necessary to protect the public health and ensure public safety; and
WHEREAS, San Miguel and Ouray Counties have enacted Stage 1 fire restrictions that include prohibition of open fires and fireworks in the unincorporated portions of the Counties; and
WHEREAS, the United States Forest Service has enacted Stage 1 fire restrictions for the lower San Juan National Forest that prohibit open fires and fireworks and restricted smoking in the lower San Juan National Forest; and
WHEREAS, Bureau of Land Management Tres Rios Field Office has enacted Stage 1 fire restrictions that include San Miguel and Montrose counties and prohibit open fires and fireworks and restricts smoking on these federal lands.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TELLURIDE, COLORADO as follows:
Section 1.
A. The provisions of Telluride Municipal Code Section 10-4-80 relating to Bonfires are suspended.
B. There shall be no open fires whatsoever within the Bear Creek Preserve, Town Park, the Valley Floor or any other Town open space or on Tomboy, Liberty Bell, or Bear Creek Roads.
C. In the Town of Telluride there shall be no outdoor cooking except on outdoor grill UL listed approved cookers especially designed for gas/propane or cooking on manufactured wood or charcoal in permanently constructed free standing fire grills or other permanent constructed cooking apparatus designed for cooking or in grated fire pits that are located in a developed campground or developed recreation site.
D. There shall be no smoking of any combustible substance in campgrounds, Bear Creek Preserve, Town Park (except as to Town Park within designated liquor permit areas during Town approved festival events), on the River Trail, on the Valley Floor, or on Tomboy, Liberty Bell, or Bear Creek Roads. Throughout the Town smoking may occur on any paved hard scape areas in compliance with the Colorado Clean Indoor Air Act and Telluride Clean Indoor Air Act. All discarded cigarette butts must be fully extinguished and disposed of in a receptacle designed for cigarette butts.
E. It is further ordered that no fireworks of any kind shall be sold, displayed for sale, used or lit within the Town including any professional fireworks even if under the close supervision of the Telluride Fire District.
F. At least one working fire extinguisher rated 2A10BC or higher must be at all construction sites.
H. Persons violating the provisions of this Ordinance are subject to the following penalty assessments if paid prior to the court date:
1. Unauthorized smoking: $100
2. Unauthorized fire: $250
3. Unauthorized fireworks: $500
4. Failure to provide fire extinguisher
at construction site: $500
Any penalty assessment not paid prior to the court date, upon conviction, may be punished by a fine of not more than $1,000.00.
G. This ordinance can be lifted by written action of the Town Manager after consultation with Town Council.
Section 2.
This ordinance is necessary for the immediate preservation of public property, health, peace and safety.
Section 3.
This ordinance shall become effective immediately upon passage and shall be published in full in a newspaper of general circulation within the Town of Telluride on or before June 28, 2013.
HEARD AND FINALLY ADOPTED by the Town Council of the Town of Telluride, Colorado this 25th day of June, 2013.