DENVER -- Denver Attorney General Ken Salazar on Thursday issued guidelines to local government and law enforcement organizations regarding the enforcement of the governor's bans on open fires and fireworks.

Bans Ordered By Gov. Bill Owens

Statewide ban on "open burning", defined as any outdoor fire, including but not limited to campfires, warming fires, charcoal grill fires, and the use of any fireworks. "Open burning" does NOT include:
Gas or charcoal grills located at private homes
Fireplaces within buildings
Professional commercial fireworks displays
Prescribed burning of ditches for irrigated pastures and croplands
Additional exemptions as the governor may declare
Statewide ban on the sale and use of fireworks

Penalties For Violating Open Burn Ban

A violation of the ban on public property constitutes a class 3 misdemeanor, punishable by up to six months in jail and/or maximum fine of $750. A separate statute says that violation of the ban on land under the control of the Colorado Division of Wildlife is punishable by a fine of $100.
A violation of the ban on private property could be mean a charge of reckless endangerment, which is a class 3 misdemeanor punishable by up to six months in jail and/or maximum fine of $750.

Penalty For Violating Fireworks Ban

Selling fireworks could be a class 3 misdemeanor punishable by up to six months in jail and/or maximum fine of $750. Offenders can also have their fireworks seized at their expense.
Using fireworks is a class 3 misdemeanor punishable to six months in jail and/or maximum fine of $750. The governor's ban, however, does not apply to possession of what would be ordinarily permissible fireworks, such as sparklers, stationery cones and torches, ground spinners, sparklers, and snakes.

Penalties for the Setting of Fires or Reckless Conduct Resulting in Fires

Fourth degree arson. A person who knowingly, or recklessly starts or maintains a fire and by doing so places others in danger or any building or occupied structure in danger commits:
a class 4 felony if a person is endangered, punishable by 2-6 years imprisonment or
a class 2 misdemeanor if only property is endangered and the value of the property is $100 or more, punishable by 3-12 months imprisonment and/or $250-1,000 fine
Firing woods or prairie. Any person who, knowingly and without lawful authority, or with criminal negligence sets on fire any woods, prairie, or any land other than the person's own property, or permits a fire to pass from the person's own grounds to the injury of any other commits a class 2 misdemeanor, punishable by 3-12 months imprisonment and/or $250-1000 fine.
Unlawful conduct on public property. Any person who enters or remains on public property or conducts himself in or on the same in violation of any order, rule or regulation concerning the use of the public property, including camping, picnicking and control and limitation of fires and designation of places where fires are permitted, commits a class 3 misdemeanor, punishable by a possible 6 months imprisonment and/or $50-750 fine.
Fires on Division of Wildlife land.It is unlawful for any person on state lands under the control of the Division of Wildlife to:
leave a fire unattended or fail to thoroughly extinguish a fire before leaving it, punishable by a fine of $50.
start, build, tend, or maintain a fire in violation of fire ban or restriction during periods of extreme fire hazard, punishable by a fine of $100.
tart, build, tend or maintain a fire in a careless or reckless manner that indicates either a lack of due regard for the fire hazard present or a wanton and willful disregard for the safety of persons and property is guilty of a misdemeanor, punishable by a fine of $1,000.
Colorado state forests. Any person or corporation who by negligence is responsible for any fires on state forest lands shall be punished by a fine up to $300, or by imprisonment in the county jail of not more than three months, or both.
Not Extinguishing campfires. Any person who leaves a campfire unattended or fails to thoroughly extinguish a fire before leaving it commits a class 2 petty offense, punishable by a fine of $50.

Additional Criminal Penalties
In addition to these criminal penalties, more serious sanctions can apply based upon other circumstances.

First degree arson. Any person who knowingly sets fires to, burns, causes to be burned any building or occupied structure of another without his consent commits a class 3 felony, punishable by 4-12 years imprisonment.
Second degree arson. Any person who knowingly sets fire to, burns, or causes to be burned any property of another without his consent, other than a building or occupied structure, commits a class 4 felony if the damage is $100 or more, punishable by 2-6 years imprisonment.
Felony murder.A person commits first degree murder if, acting either alone or with one or more persons, he or she commits or attempts to commit arson... or the crime of escape, and in the course of or in furtherance of the arson or attempted arson, or of immediate flight therefrom, the death of a person is caused by anyone. Felony murder is a class 1 felony, punishable by life imprisonment or death.

Criminal Restitution

It is within the criminal sentencing court's authority to order the offending individual to pay for property destroyed or for injuries caused by a fire, and to pay restitution to emergency responders (police, fire, medical, health response teams, state agencies) to cover their costs of responding to the fire.

Civil Liability

Individuals can also be the subject of civil lawsuits brought against them by victims impacted by their criminal or irresponsible activity.