HomeMy WebLinkAboutordinance.council.022-02 ORDINANCE NO. 22
(Series of 2002)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO PROHIBIT ALL OUTDOOR FIRES AND BURNING, AND TO PROHIBIT
THE POSSESSION OR DISCHARGE OF FIREWORKS IN THE CITY OF ASPEN AND
IMPOSSING PENALTIES THEREFOR.
WHEREAS, Section 4.11 of the City Charter of the City of Aspen authorizes the City
Council to enact emergency ordinances for the preservation of public property, health, peace, or
safety upon the unanimous vote of City Council members present or a vote of four (4) Council
members; and
WHEREAS, the City Council has determined that there is a clear and present danger of
fires due to the ongoing drought and extremely dry conditions in the City of Aspen and adjoining
areas; and
WHEREAS, the City Council has further determined that prohibiting all outdoor fires and
banning the possession and discharge of fireworks is in the best interest of the citizens Of the City
of Aspen and the State of Colorado to preserve the safety, health, and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
This ordinance shall be passed as an emergency ordinance pursuant to Section 4.11 of the City
Charter.
Section 2.
It shall be unlawful for any person to possess or discharge any fireworks anywhere in the City of
Aspen. For purposes of this ordinance, "fireworks" shall mean any article, device, or substance for
the primary purpose of producing a visual or auditory sensation by combustion, explosion,
deflagration, or detonation which meets the description of fireworks as set forth ha the United States
Department of Transportation Hazardous Materials Regulations, Title 49, Code of Federal
Regulations, Parts 173.88 and 173.100. "Fireworks" shall include all the items listed in Section 12-
28-101(8), C.R.S, defined as "permissible fireworks." "Fireworks" shall not include (a) toy caps
which do not contain more than twenty-five hundredth of a grain of explosive compound per cap;
(b) highway flares, railroad fusees, smoke candies, and other sJ~milar emergency signal devices
when possessed or used for emergency signaling; (c) blank cartridges for a show or theater, or for
signal or ceremonial purposes in athletics or sports; (d) devices distributed by the division of
wildlife for agricultural purposes under conditions approved by said division; and (e) devices used
any law enforcement or fire prevention agency in the performance of their duties.
Section 3.
It shall be unlawful for any person to ignite, maintain, or engage in open burning activity. "Open
buming" shall mean any outdoor fire, including, but not limited to, campfires, wanning fires,
charcoal grills, and the burning of any trash, wastepaper, wood or other flammable material,
regardless as to method or type of fire or burning, or the nature of any incinerator or burning device
or equipment. "Open burning" shall not mean liquid fueled or gas fueled fires at private residences
and retail food establishments, fireplaces within buildings, charcoal grill fires at private residences
that are attended until all embers are completely extinguished, and fires ignited under permit issued
by the Chief of Police upon a finding that an open burning activity will not create a wildfire risk.
Section 4.
Any person violating any provision of this ordinance may be punished by a fine, imprisonment, Or
both a fine and imprisonment, as set forth in section 1.04.080 of the Aspen Municipal Code. The
2
Aspen Police Depamuent shall seize, take, and remove, at the expense of the owner, all fireworks
possessed or discharged in violation of this ordinance.
Section 5.
This ordinance shall become effective immediately upon passage and shall terminate on October
31, 2002.
Section 6.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten (10) days following passage.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the ~-~ day of ~ ., 2002.
Pt~len'~alitn l~l~derud, Mayor
ATTEST:
FINALLY adopted, passed and approved this o~ay of
~ ., 2002, by the unanimo.~,s v.,~9,~e,?,,,~..ll.C_ity Council members
' ele i
ATTEST:
, City Clerk
JP~-O6/26/2002-G:\john\word\oxds\f£reworks.cloc