Agenda 02/12/2013 Item #16E42/12/2013 16.E.4.
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager or his designee and the County Attorney's
office to advertise an amendment to Ordinance No. 2009 -23, "Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance," in order to allow the Chairman of the
Board of County Commissioners to declare a burning ban on behalf of the Board in absentia and
also clarify certain provisions of the Ordinance.
OBJECTIVE: To incorporate changes to Ordinance No. 2009 -23, Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance proposed by staff and local fire officials as
authorized by the Board of County Commissioners (Board) on February 28,'2012.
CONSIDERATIONS: On February 28, 2012, Item No. 16F1, the Board authorized the preparation of
an amendment to the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance. (Referred to as the Burning Ban) This request was made by the Department of Emergency
Management in cooperation with local Fire Chief s, Collier County Fire Chiefs Association, Florida
Forest Service, Collier County Code Enforcement, Cooperative Extension and the Collier County
Sheriff's Department. Staff is bringing this request for an amendment and clarification primarily due to
the time it takes to implement a Burning Ban whereby the fire conditions do not warrant an emergency
meeting of the Board, nor state of emergency declaration. However, due to rapidly changing fire
conditions from day to day, it is prudent and reasonable to have the capability to rapidly institute a
burning ban to help mitigate the outbreak of additional fires while a campaign fire operation is potentially
straining local resources in the urban and rural areas of Collier County. The ability to institute a burning
ban helps to keep the public aware of wildfire concerns which staff believes will help mitigate additional
wildfire outbreak.
Staff and responder's had some additional concern with respect to fireworks and incendiary devices; their
sale and discharge, during drought conditions as both the Collier County Sherrill s Office and Collier
County's Code Enforcement Division share certain challenges in their respective enforcement processes.
The Sheriffs Office and Code Enforcement have met and addressed those concerns and processes and
advised staff they are in agreement with the proposed changes and clarifications in this revised ordinance.
To the extent possible, Collier County is utilizing similar processes in the implementation of a burning
ban as those used in Charlotte, Lee and Hendry County. The Florida Forest Service, who works closely
with Collier County Emergency Management, and local fire agencies reviewed our proposed ordinance
change and supports our amendments to have the ability to quickly implement the Burning Ban. This
ordinance does not conflict with the Florida Statute 590 for forest and wildfire protection.
The Sheriff's Office, rural dependent and independent fire districts, Florida Forest Service, Emergency
Management and Cooperative Extension, are aware of certain agricultural burning authorizations that are
exempt from the local burning ban ordinance by state regulation. This ordinance will not supersede any
permissible activity authorized by state law or regulation such as those agricultural burning authorizations
under the jurisdiction of the Florida Department of Agriculture, or the Florida Division of Environmental
Protection or prescribed burns on State or Federal lands.
Assuming the affirmative approval of this ordinance, the Burning Ban when needed due to emerging
n wildfire conditions will be brought to the Chairman for signature by the County Manager and the
Department of Emergency Management upon request and agreement by the Florida Forest Service and a
designee from the Collier County Fire Chief s Association. These aforementioned agencies will present
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this Burning Ban for implementation in abstentia to be signed by the Chairman after considering certain
environmental conditions such as the current drought conditions as a measure of wildfire volatility, short,
mid and long range weather forecast and reasonable threat assessments by fire, forestry and emergency
management staff. The County Manager at the next scheduled public meeting of the Board will notify the
Board of the resolution.
If wildfire, drought, or other environmental conditions improve overall, countywide, emergency
management staff will bring to the Board a recommendation to terminate the Burning Ban immediately
and make the necessary public notice and public safety announcement.
Should a regular or emergency meeting of the Board be convened while the Burning Ban is in effect,
nearing termination or emerging due to increased hazardous fire conditions, the County Manager or
designee will advise the Board during their meeting which would allow the Board to be aware of the
current fire conditions and the status of the Burning Ban.
Staff is also recommending that the requirement to publish an advertisement notifying the public of the
burning ban and /or fireworks ban be removed. Staff will continue to provide notice by electronic media
which is just as effective as publication and more cost effective.
FISCAL IMPACT: There is no fiscal impact at this time.
LEGAL CONSIDERATIONS: —This item is legally sufficient and requires a majority vote for Board
action. - JB W
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDATION: That the Board authorizes the County Manager or his designee and the
County Attorney's office to advertise an amendment to the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance for future Board consideration.
PREPARED BY: Dan E. Summers, Director of Bureau of Emergency Services.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to the Board to authorize staff to advertise an
amendment Ordinance No. 2009 -23, "Regulation of Outdoor Burning and Incendiary Devices
during Drought Conditions Ordinance," in order to allow the Chairman of the Board of County
Commissioners to declare a burning ban on behalf of the Board in absentia and also clarify
certain provisions of the Ordinance.
Meeting Date: 2/12/2013
Prepared By
Name: HeinrichsbergKathy
Title: Legal Administrative Secretary,County Attorney
1/22/2013 11:18:11 AM
Submitted by
Title: Director - Bureau of Emergency Services,
Name: SummersDan
1/22/2013 11:18:13 AM
Approved By
Name: Dominguezlose
Title: Agenda Administrator (I.T.)
Date: 1/24/2013 3:03:51 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 1/29/2013 5:22:55 PM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 1/30/2013 8:57:15 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
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Date: 1/30/2013 2:00:18 PM
2/12/2013 16.E.4.
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 1/30/2013 2:41:37 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/31/2013 9:54:44 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/31/2013 10:54:51 AM
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21 22� 2/12/2013 16.E.4.
N
ORDINANCE NO. 2009 - 23
ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A
991t�Z� ATE OF LOCAL EMERGENCY; PROVIDING FOR THE
EMERGENCY REGULATION OF OUTDOOR BURNING AND USE OF
INCENDIARY DEVICES DURING CONDITIONS OF EXTREME
DROUGHT; PROVIDING FOR IMPLEMENTION OF THIS
ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 125.66(3), Florida Statutes, authorizes Collier County to use an
emergency enactment procedure for the adoption of an Emergency Ordinance in the event an
emergency exists that warrants the immediate enactment of said Emergency Ordinance; and
WHEREAS, as a result of an extreme drought, Collier County is presently experiencing
severe wildfires throughout the County which is endangering the public health, safety and
welfare, and is also endangering real and personal property in Collier County; and
WHEREAS, the Board of County Commissioners hereby finds that to protect the public
health, safety and welfare, and to preserve real and personal property, it is necessary to
implement an immediate ban of outdoor burning and outdoor ignition sources; and
WHEREAS, because Collier County is likely to experience extreme drought conditions
in the future, and since the changing nature of these conditions during periods of drought
requires flexibility and the ability to take prompt action, the Board of County Commissioners
wishes to implement this Ordinance through a resolution process.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OFD COL I�[TY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 4
SECTION ONE: Title.
This Ordinance shall be known as the "Regulation of Outdoor Burning and - cendiary
Devices during Drought Conditions Ordinance."
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SECTION TWO: Declaration of Local Emergency.
The Collier County Board of County Commissioners ( "Board "), convened in regular
session, hereby declares and ordains that a local emergency exists within Collier County, Florida,
requiring immediate measures to protect the public health, safety and welfare, and to protect real
and personal property in Collier County. This Ordinance is adopted after public hearing
pursuant to, and in accordance with Section 125.66(3), Florida Statutes.
SECTION THREE: Purpose and Intent.
The purpose of this Ordinance is to limit fire hazards in Collier County on an emergency
basis during periods and conditions of extreme drought by regulating the use of outdoor ignition
sources in order to protect the public health, welfare and safety and to reduce the risk of loss and
damage to real and personal property. This Ordinance shall be applicable upon the Board
declaring a state of local emergency by subsequent resolution as set forth below. This Ordinance
shall be suspended at all times when the Board has not declared by resolution that a state of local
emergency exists. This Ordinance is further adopted to effectuate a mechanism whereby the
Board can act relatively quickly to rapidly changing drought conditions.
SECTION FOUR: Jurisdiction and Enforcement.
The areas subject to this Ordinance shall be all the unincorporated areas of Collier
County, Florida. The sheriff and any other law enforcement officers as defined by general law
with jurisdiction in the County, and designated Collier County code enforcement officers, shall
have the authority to enforce the terms and provisions of this Ordinance and any approved
County Resolution implementing this Ordinance.
SECTION FIVE: Implementation by Resolution.
When the County Manager makes a determination that there exists a drought emergency,
the County Manager shall send written notification of such condition to the Board. The County
Manager in making the determination of the existence of a drought emergency shall take into
consideration such factors including, but not limited to the following:
A. The Keetch/Byram Drought Index, or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
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C. Consultation with fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
E. Whether the condition of the vegetation in the County makes it susceptible to ignition.
F. Any actions taken by surrounding jurisdictions in regard to drought conditions and fire
hazards.
G. Any other condition or factor which could have a bearing on existing fire hazard
conditions and which reasonable persons of prudence would normally rely on to
determine if a fire hazard condition exists.
In making such written presentation to the Board, the County Manager will recommend
which prohibitions to impose and under what, if any, conditions open burning or the discharge of
fireworks or other incendiary devices will be allowed. The Board may impose any or all of the
prohibitions as conditions warrant. Outdoor burning may include, but shall not be limited to,
campfires, bonfires, trash burning and other similar open incineration. When outdoor burning is
prohibited, such prohibition shall not be construed to apply to outdoor burning or land clearing
where the division of forestry has issued a permit. After receiving the recommendation from the
County Manager at a public meeting and considering all of the evidence before it, the Board may
adopt a Resolution imposing appropriate restrictions or prohibitions on open burning and
discharge of fireworks, sparklers or incendiary devices. The ban shall take effect upon approval
of the Resolution. The Resolution shall remain in effect until a like Resolution repealing the
burning ban is adopted by the Board and upon adoption of the repeal, the restrictions on burning
or discharge of fireworks shall be immediately lifted. Further, the Board from time to time may
amend any Resolution by changing, deleting, or modifying the provisions on burning and
discharge of fireworks depending on changes in the drought conditions.
SECTION SIX: Prohibition.
The Resolution imposing the ban on open burning or discharge of fireworks may prohibit
any or all of the following, depending on the recommendation of the County Manager and the
severity of the drought conditions. A Resolution may make it unlawful for any person to set fire
or cause fire to be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban
or rural area including those associated with agriculture, pile burning, or the building of
^� campfires, bonfires, the burning of yard trash, household garbage, refuse, or other debris in the
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unincorporated areas of Collier County, unless otherwise provided herein. In addition, the
Resolution may prohibit any person or entity from discharging, causing to be discharged, or the
sale of any fireworks or incendiary devices that may cause or have a tendency to cause wildfires
as defined in Section 590.015, Florida Statutes. Further, the Resolution may prohibit the holding
of any event including, but not limited to, events involving motorcycles, automobiles, or any
other vehicles or equipment that may cause hot exhaust gases or high temperatures that may be
generated by catalytic converters or other devices on such vehicles in an open or uncontrolled
area that is susceptible to wild fires. Bans on the sale of fireworks shall only be done in the most
exigent of circumstances and when drought conditions are so severe as to constitute an actual
emergency.
SECTION SEVEN: Publication.
Within a reasonable time after adopting such Resolution, the Board shall cause to be
published in a newspaper of general circulation a quarter page advertisement, not to be placed in
the section reserved for legal advertisements, a summary of the Resolution imposing a burning
and fireworks ban or repealing such ban. The County Manager will also notify the public by
newspaper, radio, and/or television of the applicability of this Ordinance and any subsequent
implementing Resolutions.
SECTION EIGHT: Exceptions.
1. Nothing contained herein or in any implementing Resolution shall be construed to:
(a) prohibit lawful activities involving incendiary devices, fire, or flame in controlled
industrial or commercial processes for which permits have been issued, or if no permit is
issued, take place in a controlled industrial or commercial environment and are part of the
manufacturing or some type of assembly process such as to make it unlikely that such
incendiary flame or heat generating device will cause any type of wild fire or be a danger
outside of the premises where the procedure or process is being used; or
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(b) prohibit residential outdoor cooking provided the same is done on a suitable piece of
equipment designed to contain the fire, flame, and heat generated thereby. Further,
outdoor cooking may also be done in any public or private place where there are facilities
designed for outdoor cooking which would contain the heat, flames, or fire otherwise
generated by outdoor cooking.
2. The provisions of this Ordinance or in any implementing Resolution shall not apply to
any duly existing or constituted fire department, fire district, or volunteer fire department
conducting training exercises involving open fire or flame solely for training purposes
under controlled conditions.
SECTION NINE: Violations and Penalties.
Any violation by any person of any requirement or provision of this Ordinance or any
approved County Resolution implementing this Ordinance shall be considered a Civil Infraction
and may be prosecuted in the same manner as described in Ord. No. 2007 -44, the Collier County
Consolidated Code Enforcement Ordinance, as amended, with such penalties as set forth therein.
Any law enforcement officer issuing a Notice to Appear or making an arrest pursuant to a
violation of this Ordinance or any approved County Resolution implementing this Ordinance
shall seize, or appropriately document if seizure is deemed impractical by the investigating
officer(s), any incendiary device or ignition source being used in such violation for the purpose
of preserving evidence of the violation. Each day any violation subject to the provisions of this
Ordinance or any approved County Resolution implementing this Ordinance shall be considered
a separate violation subjecting the violator to the fines and/or imprisonment specified herein.
SECTION TEN: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section ", "article ",
or any other appropriate word.
SECTION TWELVE: Effective Date.
This Ordinance shall become effective when a copy has been accepted by the postal
authorities of the Government of the United States for special delivery by certified mail to the
Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this ! ._�%N day of , 2009.
ATTEST:
DWIGhT,E: BROOCH Clerk
iB
•ipuati�i,' c� � �
Approved as to form and
legal sufficiency:
J
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: Al
DONNA FIALA, Chairman
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• ,iy Irdhiantx filed with the
r ary of 's O 'ce
of
and ockr ai__lfiat
eMAI
O6C. .
2/12/2013 16.E.4.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009 -23
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts and Ci -' roc
Ex- officio to Board of .,
County Commi:sicne-rs
Teresa Polaski,
Deputy Clerk
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009 -23,
THE REGULATION OF OUTDOOR BURNING AND INCENDIARY
DEVICES DURING DROUGHT CONDITIONS ORDINANCE, SO AS TO:
1) ADD DEFINITIONS; 2) AUTHORIZE THE CHAIRMAN, UNDER
CERTAIN IDENTIFIED CONDITIONS, TO IMPLEMENT SUCH
EMERGENCY REGULATIONS ON BEHALF OF THE BOARD IN
ABSTENIA; AND 3) CLARIFY REMAINING PROVISIONS OF THE
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009 -23, Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, provides a mechanism by which the
Board of County Commissioners (Board) may implement an immediate ban of outdoor burning
and outdoor ignition sources during extreme drought conditions; and
WHEREAS, pursuant to Ordinance No. 2009 -23, the Board, at a public meeting, may
adopt a Resolution imposing appropriate restrictions or prohibitions on burning and discharge of
fireworks, sparklers and other incendiary devices as set forth in the Ordinance; and
WHEREAS, representatives from the Florida Forest Service, Collier County Fire Chiefs'
Association, Collier County Sheriff's Department, Cooperative Extension Agent, and Emergency
Management have jointly identified a need to have a burning ban become effective immediately
when certain environmental conditions are met; and
WHEREAS, the Board desires to amend a amend Ordinance No. 2009 -23 accordingly by
authorizing the Chairman, under certain identified conditions, to implement such emergency
regulations on behalf of the Board in abstenia; and
WHEREAS, the Board further desires to add definitions and clarify the remaining
provisions of Ordinance No. 2009 -23 as set forth below.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-23.
Section One is hereby amended as follows:
SECTION ONE: Title and Definitions.
Underlined text is added; Stmelcweugk text is deleted
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A. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary
Devices during Drought Conditions Ordinance ".
B. Definitions:
1. "Fireworks" means and includes anv combustible or explosive composition or
substance or combination of substances as defined in Section 791.01 Florida
Statutes. "Fireworks" does not include sparklers approved by the Division of the
State Fire Marshal of the Department of Financial Services.
2. "Open Burning" means any outdoor fire or open combustion of material that
produces visible emissions.
3. "Trash" means anv discarded material.
4. "Yard Trash" means vegetative matter resulting from landscaping and Yard
maintenance operations and other such routine property cleanup activities. The
term includes materials such as leaves, shrub trimmings grass clippings, brush,
and palm fronds. It does not include household garbage.
5. "Yard Waste" means vegetative matter resulting from landscaping and yard
maintenance operations and other such routine property clean-LIR activities. It
includes materials such as leaves, shrub trimmings, grass clippings palm fronds,
and brush. It does not include land clearing debris or tree cutting debris.
SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2009-23.
Section Five is hereby amended as follows:
SECTION FIVE: Implementation by Resolution.
When the County Manager makes a determination that there exists a drought emergency,
the County Manager shall send written notification of such condition to the Chairman of the
Board. The County Manager in making the determination of the existence of a drought
emergency shall take into consideration such factors including, but not limited to the following:
A. The Keetch/Byram Drought Index, or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
C. Consultation with fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
Underlined text is added; Stmek thfeegh text is deleted
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E. Whether the condition of the vegetation in the County makes it susceptible to
ignition.
F. Any actions taken by surrounding jurisdictions in regard to drought conditions
and fire hazards.
G. Any other condition or factor which could have a bearing on existing fire hazard
conditions and which reasonable persons of prudence would normally rely on to
determine if a fire hazard condition exists.
In making such written presentation to the Chairman of the Board or the Vice - Chairman
in his or her absence, the County Manager will recommend which prohibitions to impose and
under what, if any, conditions open burning or the discharge of fireworks or other incendiary
devices will be allowed. The Chairman of the Board or the Vice - Chairman in his or her absence
may execute a Resolution imposing mpose any or all of the prohibitions as conditions warrant
without Board action. In the absence of the Chairman and Vice - chairman: the next county
commissioner in order of seniority, or if two or more were appointed on the same date then in
alphabetical order among them may take action in accordance with this section. Outdoor
burning may include, but shall not be limited to, campfires, bonfires, trash burning and other
similar open incineration. When outdoor burning is prohibited, such prohibition shall not be
construed to apply to outdoor burning or land clearing where the divisiea -f►f for-eswf Florida
Forest Service has issued a permit or other authorization. After- r-eeeiving the meeffh'nenda6efi
a"d ` iseh ge of r,- °wen's aik4e -� e -a;MY devices The ban shall take effect upon
uau �.saav , .
approval of the Resolution. The County Manager, at the next scheduled public meeting of f the
Board, shall notify the Board of the Resolution. The Resolution shall remain in effect until a like
Resolution repealing the burning ban is adopted by the Board and upon adoption of the repeal,
the restrictions on burning or discharge of fireworks shall be immediately lifted. Further, the
Board from time to time may amend any Resolution by changing, deleting, or modifying the
provisions on burning and discharge of fireworks depending on changes in the drought
conditions.
SECTION THREE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2009-23.
Section Six is hereby amended as follows:
SECTION SIX: Prohibition.
The Resolution imposing the ban on open burning or discharge of fireworks may prohibit
any or all of the following, depending on the recommendation of the County Manager and the
severity of the drought conditions. A Resolution may make it unlawful for any person to set fire
or cause fire to be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban
or rural area including those associated with agriculture, pile burning, or the building of
campfires, bonfires, the burning of yard trash, household garbage, refuse, or other debris in the
Underlined text is added; Penh text is deleted
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r-N unincorporated areas of Collier County, unless otherwise provided herein as an exception. In
addition, the Resolution may prohibit any person or entity from discharging, causing to be
discharged, or the sale of any fireworks or incendiary devices that may cause or have a tendency
to cause wildfires as defined in Section 590.015, Florida Statutes. Further, the Resolution may
prohibit the holding of any event including, but not limited to, events involving motorcycles,
automobiles, or any other vehicles or equipment that may cause hot exhaust gases or high
temperatures that may be generated by catalytic converters or other devices on such vehicles in
an open or uncontrolled area that is susceptible to wild fires. Bans on the sale of fireworks shall
only be done in the most exigent of circumstances and when drought conditions are so severe as
to constitute an actual emergency.
SECTION FOUR: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2009 -23.
Section Seven is hereby amended as follows:
SECTION SEVEN: Publication.
Within a reasonable time after adopting such Resolution, the Ind Cogpv Manager
shall
notify the public by newspapef, radio, an&e television, and electronic media of the applicability
of this Ordinance and any subsequent implementing Resolutions.
SECTION FIVE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2009-23.
Section Eight is hereby amended as follows:
SECTION EIGHT: Exceptions.
1. Nothing contained herein or in any implementing Resolution shall be construed to:
(a) prohibit lawful activities involving incendiary devices, fire, or flame in controlled
industrial or commercial processes for which permits have been issued, or if no permit is
issued, take place in a controlled industrial or commercial environment and are part of the
manufacturing or some type of assembly process such as to make it unlikely that such
incendiary flame or heat generating device will cause any type of wild fire or be a danger
outside of the premises where the procedure or process is being used; or
(b) prohibit residential outdoor cooking provided the same is done on a suitable piece of
equipment designed to contain the fire, flame, and heat generated thereby. Further,
outdoor cooking may also be done in any public or private place where there are facilities
designed for outdoor cooking which would contain the heat, flames, or fire otherwise
Underlined text is added; Stmek d%fetgh text is deleted
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generated by outdoor cooking. All outdoor cooking areas shall be free of burnable
materials within an area having a circumference which extends not less than three (3 ) feet
beyond the nearest edge of the fire.
2. The provisions of this Ordinance or in any implementing Resolution shall not apply to
any duly existing or constituted fire department, fire district, or volunteer fire department
conducting training exercises involving open fire or flame solely for training purposes
under controlled conditions.
SECTION SIX: AMENDMENT TO SECTION NINE OF ORDINANCE NO. 2009-23.
Section Nine is hereby amended as follows:
SECTION NINE: Violations and Penalties.
Any violation by any person of any requirement or provision of this Ordinance or any
approved County Resolution implementing this Ordinance shall be considered a Civil
Infraction and may be prosecuted in the same manner as described in Ord. No. 2007 -44, the
Collier County Consolidated Code Enforcement Ordinance, as amended; with such penalties as
set forth therein. Any law enforcement officer issuing a Notice to Appear or making an arrest
pursuant to a violation of this Ordinance or any approved County Resolution implementing this
Ordinance shall seize, or safely destroy and appropriately document if seizure is deemed
impractical or inappropriate by the investigating officer(s), any incendiary device or ignition
source being used in such violation for the purpose of preserving evidence of the violation.
Each day any violation subject to the provisions of this Ordinance or any approved County
Resolution implementing this Ordinance shall be considered a separate violation subjecting the
violator to the fines and/or imprisonment specified herein.
SECTION SEVEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ",
or any other appropriate word.
Underlined text is added; $feu text is deleted
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SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST:
DWIGHT E. BROCK, Clerk
I
Approv
legal su
Jeffrey
County
, Deputy Clerk
and
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Underlined text is added; Stmeak-thmu text is deleted
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