To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Norris W. Croom III, Fire Chief
Title
Ordinance Amending Various Provisions of Chapters 8.24 and 8.26 of the Castle Rock Municipal Code Regarding Fireworks and Open Fire and Open Burning Restrictions (First Reading)
Body
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Executive Summary
This ordinance is to modify language in the municipal code to prohibit the sale of fireworks during Stage 1 fire restrictions, clarify when they can be sold, when they can be used, cleaning up old and conflicting code language, and clarifying what is and is not allowed under Stage 1 and 2 fire restrictions.
Notification and Outreach Efforts
Emails were sent to the fireworks vendors who pulled permits in town this year to notify them of these proposed changes.
History of Past Town Council, Boards & Commissions, or Other Discussions
This request to restrict sales during Stage 1 fire restrictions was previously brought before Council in 2019, where it failed on a 1-6 vote.
Discussion
Our current municipal code regulates the sale and use of fireworks within the Town. Currently, under Stage 1 fire restrictions, the use of fireworks is prohibited, but the sale of fireworks is still allowed. Both the use and sale of fireworks are prohibited when Stage 2 fire restrictions are in place.
The problem that we have encountered with allowing the sale of fireworks, but not the use of, during Stage 1 fire restrictions causes confusion among our residents as well as numerous complaints.
As it is difficult to anticipate whether or not fire restrictions will be in place prior to and including the Fourth of July, this places the Town in a difficult position of trying to anticipate whether or not the use of fireworks will be allowed. Weather and fuel conditions can change quickly so that one day we could be in fire restrictions and the next we are out and vice versa. This also makes it difficult to enforce the code as it relates to the sale and use of fireworks.
To eliminate the confusion surrounding the use and sale during Stage 1 fire restrictions, it is our recommendation to modify the municipal code to restrict the sale of fireworks during Stage 1 fire restrictions. If this change is approved, this would then mean that the use and sale of fireworks would be prohibited during any level of fire restrictions.
We are also recommending that all permits for the sale of permissible fireworks be limited to the time period between June 1 and July 4. Additionally, we are clarifying that permissible fireworks are only allowed on the 4th of July between 8:00 AM and 10:00 PM. This was located in another section of the code, but is being moved to this section for continuity.
In addition to these changes, we are recommending additional code changes to clarify what activities are allowed and prohibited under Stage 1 or 2 fire restrictions.
Specifically, under Stage 1 allowed activities, is the use of charcoal grills, pellet, wood, or electric smokers, commercially manufactured or permanently installed outdoor fire places, fire tables, fire bowls, and similar appliances fueled by natural gas or propane when equipped with a shutoff valve, and the use of petroleum-fueled stoves, lanterns, or heating devices.
For Stage 2 fire restrictions, prohibited activities include everything listed under Stage 1, the use of charcoal grills, and fires in chimineas, other portable fireplaces, or patio fire pits. Allowed activities include the use of gas or liquid-fueled stoves or grills, pellet, wood, or electric smokers that are continuously attended, and commercially manufactured or permanently installed outdoor fire places, fire tables, fire bowls, and similar appliances fueled by natural gas or propane when equipped with a shutoff valve that are continuously monitored.
Budget Impact
There is no specific cost to implement this change.
Staff Recommendation
Public Safety Commission and Staff recommend approval of the proposed changes.
Proposed Motion
“I move to approve the ordinance as introduced by title.”
Alternative Motions
“I move to approve the ordinance as introduced by title, with the following conditions: (list conditions).
“I move to continue this item to the Town Council meeting on (date) to allow additional time to (list information needed).”
Attachments
Attachment A: Ordinance
Attachment B: PowerPoint