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Fountain, CO Fire Regulations: Outdoor Burning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Outdoor burning rules in Fountain, CO, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Governing chapter
Fountain Municipal Code Ch. 9.44
Adopted
Ord. No. 1777, 6-27-2022
Ban authority
Fire Chief or designee, § 9.44.040
Trash burning
Prohibited outright, § 9.44.060
Minimum fine
$250.00 per offense, § 9.44.070

Summary

Fountain bans backyard trash burning outright and lets the fire chief declare a stage-based open fire ban citywide whenever fire danger runs high, under Chapter 9.44 of the Municipal Code adopted by Ordinance No. 1777 in 2022. Open burning covers bonfires, burn barrels and field or ditch burning. Violators face a minimum $250 fine per day.

Open fire or opening burning: For purposes of this chapter, open fires or open burning shall be defined as any outdoor fire, including, but not limited to, bonfires, campfires, warming fires, the use of explosives, fireworks of all kinds or brands, burn barrels, and the prescribed burning of irrigation or drainage ditches, fence lines or rows, fields, farmlands, rangelands, wild lands, trash and debris. ... The Fire Chief of the City of Fountain, or designee, shall have the authority to declare an open fire ban whenever the danger of fires is found to be high, and without further proceedings or resolution. Any declaration of an open fire ban made pursuant to this section shall specify the stage level restriction, the parameters of the ban, and the duration of the ban as deemed necessary and appropriate, and shall be promptly published by posting in the same manner as ordinances and through a press release. ... A.Any person who violates this chapter shall be punished in accordance with section 9.04.080 and section 1.12.010, but not less than a fine of $250.00 for each separate offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

44, 'Open Fire and Open Burning Restriction,' was adopted wholesale by Ordinance No. 1777 on June 27, 2022, replacing older scattered burning rules with a stage-based system tied to fire danger. 010 defines 'open fire or open burning' broadly to include bonfires, campfires, warming fires, explosives, fireworks, burn barrels, and the prescribed burning of irrigation or drainage ditches, fence lines, fields, farmlands, rangelands and wild lands. 040 gives the Fire Chief of the City of Fountain, or a designee, standing authority to declare an open fire ban whenever fire danger is found to be high, without any council vote or further proceeding; the declaration must specify the stage level, the parameters of the ban and its duration, and must be published by posting in the same manner as ordinances plus a press release.

050 gives a National Weather Service red flag warning the same automatic force as a fire-chief-declared restriction for the duration of the warning. 060 flatly prohibits burning trash, including yard waste, paper, cardboard, food scraps, plastics, rubber and polystyrene, with no stage-dependent exception. 030 exempts permitted commercial or community firework displays, fires inside liquid or gas-fueled stoves and indoor fireplaces, activity under a fire department permit, and law enforcement or firefighting personnel on duty. 020 separately governs which specific outdoor activities, from blasting to campfires, are allowed or barred once a ban is declared.

Violations & Fines

Section 9.44.070 makes any violation of Chapter 9.44 punishable under Sections 9.04.080 and 1.12.010, with a floor of no less than $250.00 for each separate offense. Each day a violation continues is a distinct offense, and a Chapter 9.44 violation is treated as separate from any other violation of city, state or federal law.

Frequently Asked Questions

Who decides when Fountain is under a fire ban?
The Fire Chief of the City of Fountain, or a designee, under Section 9.44.040. The chief can declare a ban whenever fire danger is high, without a council vote, and must specify the restriction stage, its parameters and its duration, publishing the declaration the same way as ordinances plus a press release.
Is burning trash or yard waste ever allowed in Fountain?
No. Section 9.44.060 strictly prohibits burning trash by residents or businesses, including yard waste, paper, cardboard, food scraps, plastics, rubber and polystyrene, regardless of the current fire restriction stage, because the code finds it dangerous to human health and contaminates air, water and soil.
Does a National Weather Service red flag warning change the rules?
Yes. Section 9.44.050 gives a red flag warning issued by the National Weather Service the same force as a fire-chief-declared restriction, applying to public and private land within the warning area and restricting any activity that could ignite a fire for its duration.

Sources & Official References

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