PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO. 6 OF 2005

AN ORDINANCE AMENDING SECTION 1 (F) OF ORDINANCE 4, 1999 AND SECTION 8.10.010 (f) OF THE PALMER LAKE MUNICIPAL CODE RESTRICTING OUTSIDE FIRES IN THE EVEN OF AN BAN ON OPEN FIRE BURNING AND DECLARING AN EMERGENCY

            WHEREAS, the Town of Palmer Lake has determined that additional restrictions are needed on open fire burning in the event a open fire ban has been declared; and

            WHEREAS, the Town of Palmer Lake declares that passage of this ordinance is necessary for the health, safety and welfare of the people of the Town of Palmer Lake.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS: 

            Section 1.  Section 8.10.010 f is amended to read as follows:

            8.10.010   f. In the event that the Mayor of the Town of Palmer Lake or the Town Board of the Town of Palmer Lake determines that the fire danger in the town or the town water shed as described in Section 13.08.120 and 13.08.160 of the Palmer Lake Municipal Code is above normal, then the Mayor or his designee may declare that a  fire danger exists.  Upon issuance of such declaration all open fire burning in the Town of Palmer Lake and the Town water shed is immediately prohibited.  Open fire burning shall include not only camp fires, but all types of open fires and charcoal grills in public places.  Attended home charcoal grills are permitted as well as propane and natural gas grills. Open burning of any other substances on private property is prohibited even if done in a grill or any other open or partially open vessel.  Any person found to have violated the open fire ban shall be punished as provided in Section 1.16.010 of the Palmer Lake Municipal Code. At cessation of the fire danger, the Mayor or other appropriate town official may declare the end of the open fire ban.

            Section 2.  Severability.  It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

            Section 3. Emergency Declared. The Town Board  hereby finds and declares that an emergency exists which requires the immediate effectiveness of this Ordinance, in that the effective implementation of the policy reducing and eliminating toy vehicles on the streets and roads in the Town of Palmer Lake would  be frustrated and prevented without the protection which this Ordinance will give.

            Section 4. Publication and Effective Date.  The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted.  This Ordinance shall become effective upon adoption.

PASSED AND ADOPTED THIS ____ DAY OF AUGUST, 2005
 

NIKKI MCDONALD, MAYOR

ATTEST:

DELLA GRAY, TOWN CLERK