Agenda

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Public Hearing 2. A.

Regular BOS Meeting

Meeting Date:	05/18/2021
Submitted For:	Jacque Sanders	Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Deputy County Mgr/Library District

Information

Request/Subject

Adoption of Ordinance No. 2021-01-Open Outdoor Fire which repeals Ordinance No. 2020-02-Open Outdoor Fire and any other ordinances previously adopted by the Board of Supervisors relating to an open outdoor fire.

Background Information

Gila County has had an Open Outdoor Fire Ordinance since 1998. It was updated in 2001, 2011, and 2020.

Ordinance No. 2021-01 is being presented to the Board of Supervisors for adoption to make a minor correction to Section 4-Applicability, paragraph 4.1 of the Ordinance and to do some administrative cleanup so that one document can be recorded with the proper references to ensure previous related ordinances are repealed and connected to Ordinance No. 2021-01.

Evaluation

The following language is being removed from Section 4-Applicability, paragraph 4.1 of the Ordinance:

This Ordinance applies within all unincorporated areas of Gila County, exclusive of ~~areas under the jurisdiction of the United States, the State of Arizona or~~ a federally recognized Indian tribe. In the event that the United States Forest Service including the Tonto National Forest implements fire restrictions by Forest Ranger Districts, the County Open Outdoor Fire Ban would be in effect in the unincorporated areas within each applicable Ranger District.

The other change is to add language to the first sentence of the Ordinance (under the title), as follows:

An ordinance adopted by the Gila County Board of Supervisors relating to an open outdoor fires and which repeals Ordinance No. 2020-02 and any other ordinances previously adopted by the Board of Supervisors relating to an open outdoor fire.

Conclusion

These changes need to be made and incorporated into a new ordinance to be adopted by the Board of Supervisors.

Per A.R.S. § 11-251.05, a public hearing is required to be held any time an ordinance is adopted, amended, or repealed. Also, the public hearing notice must be published in a newspaper of general circulation within the county seat. The public hearing notice was published in the Silver Belt newspaper on April 28, 2021.

Recommendation

Staff recommends that the Board of Supervisors adopt Gila County Ordinance No. 2021-01-Open Outdoor Fire.

Suggested Motion

Information/Discussion/Action to adopt Gila County Ordinance No. 2021-01-Open Outdoor Fire which repeals Ordinance No. 2020-02-Open Outdoor Fire and any ordinances previously adopted by the Board of Supervisors pertaining to an open outdoor fire. (Jacque Sanders)

Attachments
Ordinance No. 2021-01
Public Hearing Notice
Ordinance No. 2020-02