County working on fire ban ordinance

The Yuma County Commissioners are in the process of adopting a burning restriction ordinance when it comes to Red Flag and extreme drought days.

It grants the board of commissioners the authority to ban open fires and agricultural burns in unincorporated areas of the county “where wildfire danger is deemed high based on national fire danger rating systems or similar indices.”

The Yuma County Sheriff, who serves as fire marshal, will have the authority to carry out the ban on those days and write citations to any offenders. The fine will not be more than $1,000 for each separate violation, plus a surcharge of $10. Fines are to be set by Yuma County Court, unless the violator chooses to confess guilt, and pay a fine of $500 plus the $10 surcharge.

Fines will be deposited by the Yuma County Treasurer into the Emergency Response and Relief Account, which is managed by the Yuma County Office of Emergency Management. Surcharges will be credited to the Victims and Witness Assistance and Law Enforcement Fund of the 13th Judicial District.

Lacking knowledge that a burn ban exists or was in effect during certain times will not be accepted as a defense, according to the ordinance. That is because the National Weather Service provides public announcements of its Red Flag Warnings through a variety of media. Plus, one can call the WY Combined Communications Center to determine whether Red Flag Warnings have been issued or in effect before conducting any kind of burn.

The sheriff’s office also publicly issues its burn bans through social media posts and its website.

The ban includes public, private, state and applicable federal lands at any time during a Red Flag Warning Day.

There will be exceptions, such as commercial or community fireworks displays properly permitted as required by applicable law. The exceptions also include fires fully contained within liquid-fueled or gas-fueled stoves, indoor fireplaces and wood-burning stoves, outdoor charcoal grills and wood burning stoves — provided they are at private residences and in an area cleared of all flammable materials. Also exempted are any federal, state or local officers, or member of an organized rescue or firefighting force acting in the performance of an official duty.

The final reading of the ordinance will be heard at the Yuma County Courthouse during the commissioners meeting on June 30 at 2:30 p.m.

The ordinance will take effect immediately if passed on final reading. It is meant to help mitigate the risk of large devastating fires. Many other counties and states reportedly have similar ordinances in place.

One can read the ordinance in its entirety in the “Public Notices” section of this edition, as well as in next week’s edition.