Southern Utah News Articles
Refusing to comply to Evacuation Order
On July 2, Kane County Commissioners Jim Matson, Douglas K. Heaton and Dirk Clayson in accordance with Utah Code 63K-4-202 issued an order of evacuation due to the wildfire known as the Shingle Fire in the Dixie National Forest. The fire had spread to more than 1100 plus acres and had become a threat, endangering the lives and property of the residents of Elk Ridge, Ponderosa and Harris Flat Subdivisions. Other areas threatened were the Swains Creek Pines Subdivision and Stout Canyon Road.
Utah Code 63K-4-202 authorizes the Executive Officer of Kane County, Jim Matson, to issue an urgent order for evacuation of these areas.
Kane County Sheriff Lamont Smith was authorized to carry out the evacuation procedures in compliance with Utah Code 63K-4-202.
In the event a resident refuses to comply, for what ever reason, with the evacuation notice, that person may be subject to a Class B Misdemeanor.
A misdemeanor is an offense lower than a felony, which can be punished with a county jail term of up to one year and/or a fine.There are three categories of misdemeanors: Class A, Class B, and Class C.
Class B: Assault, resisting arrest, DUI, reckless driving, possession of marijuana under once ounce, possession of drug paraphernalia (under $300), trespass of a dwelling, public nuisance, concealed weapon, and many traffic offenses.
It carries a possible jail term of up to six months. Possible Fine: up to $1,000. Reference: Utah Code 76-3-204 and 76-3-301.
The judge determines the sentence of a person convicted of a crime using the Utah Sentence and Release Guidelines.
The Evacuation Order was lifted the afternoon of July 9, at the Kane County Commission Meeting.