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HomeMy WebLinkAbout09718 ORDINANCE NO. 9718 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATAING TO OPEN BURNING AND BURN RESTRICTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 3-2-50 of Chapter 2 of Title III of the Pueblo Municipal Code is amended to read as follows: Sec. 3-2-50. - Open burning; incinerators; ashes. (a) No person shall burn or permit to be burned on any premises owned or controlled by him or her, or on any public street, alley or other land adjacent to such premises, any rubbish, waste paper, trash, wood or other combustible material. (b) No ashes shall be kept or deposited in any part of the City except in a secure, noncombustible room or receptacle constructed of such materials and of such design and so located that ashes deposited or kept therein cannot be blown or carried therefrom by wind, and that no fire can be communicated therefrom to fences, buildings or any combustible material. (c) For purposes of enforcement of this Section, the Fire Department and the Police Department are hereby directed to report all violations hereof involving a specific health concern to the Health Department and to render to the Health Department such aid and assistance as may be necessary to the enforcement of this Section. (d) For emergency situations \[only\] or as necessary to protect the public safety, health or welfare, \[the Fire Department and the Health Department may issue a joint permit allowing open burning.\] a permit for open burning may be issued in accordance with the requirements of the International Fire Code, this Article II and the Colorado Air Pollution and Control Act. (e) This Section shall not apply to: (1) Fires used for the noncommercial preparation of food for human consumption. (2) Fires for instructional or recreational purposes. (3) Portable outdoor fireplaces used in accordance with the International Fire Code. (f) Nothing contained in this Section shall prohibit the burning of weeds upon land zoned for agricultural use, provided that such burning be done in compliance with all applicable ordinances of the City, state statutes and the rules and regulations of any city or state agency or board and only after issuance of a permit from the Fire Department. \[(g) No open or recreational burning shall be conducted by any person, with or without a permit, at any time that a High Fire Danger warning has been issued by the Fire Department.\] SECTION 2. Chapter 2 of Title III of the Pueblo Municipal Code is amended by the addition of a new Section 3-2-50.5 to read as follows: 3-2-50.5. – Burn restrictions and burn bans. After review and approval by the Mayor, the Chief of the Fire Department is authorized to issue a burn restriction or burn ban as deemed necessary when local conditions make recreational fire, open burning other open flames or similar activities, including activities otherwise permitted under Section 3-2-51 through 3- 2-57 of this Code, hazardous or objectionable. It shall be unlawful for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any issued burn restriction or burn bans, and such person shall be subject to enforcement remedies provided for in Section 3-2-58 of this Code. No permit shall be issued or otherwise effective to the extent the activity permitted by such permit would be contrary to or in violation of a burn restriction or burn ban. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 26, 2020 . Final adoption of Ordinance by City Council on June 8, 2020 . President of City Council Action by the Mayor: ☒ Approved on June 10, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 26, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Barb Huber, Fire Chief SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATAING TO OPEN BURNING AND BURN RESTRICTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF SUMMARY: The proposed Ordinance updates the City’s Fire Code with respect to issuing burn restrictions and burn bans. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The City’s Fire Code currently has outdated references to fire danger levels and needs to be updated. The proposed Ordinance does this and further expressly authorizes the Chief of the Fire Department with the approval of the Mayor to issue a burn restriction or burn ban appropriate to the level of fire danger according to criteria used by local, federal and state fire management agencies. Although the Fire Chief currently has implicit authority under the Fire Code to issue such orders, the proposed Ordinance expressly clarifies such authority. If approved, fire bans and restrictions including those prohibiting the sale of fireworks will be issued by the Fire Chief with the approval of the Mayor when local conditions warrant such a ban. As a final correction, the proposed Ordinance clarifies that a permit may be issued for emergency situations or as necessary to protect the public safety, health and welfare. This Ordinance will make the City’s procedure consistent with how most county and municipalities issue burn restrictions and burn bans. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the City does not approve this Ordinance, the City’s Fire Chief will not have clear and express authority to issue appropriate levels of burn restrictions and burn bans. RECOMMENDATION: City Administration recommends approval of the Ordinance. Attachments: Ordinance