Agenda 02/28/2012 Item #16F12/28/2012 Item 161.1.
EXECUTIVE SUMMARY
Recommendation to authorize staff to develop an ordinance for future consideration that
amends 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 abstenia and
also clarify certain provisions of the Ordinance.
OBJECTIVE: Receive Board of County Commissioners (Board's) authorization to develop an
amendment to Ordinance No. 2009 -23 which would permit the Chairman of the Board of County
Commissioners to administratively declare a burning ban and also clarify certain provisions of
the Ordinance.
CONSIDERATIONS: In recognition of Collier County's vulnerability to wildfires during
periods of extreme drought, the Board adopted Ordinance No. 2009 -23, "Regulation of Outdoor
Burning and Incendiary Devices during Drought Conditions Ordinance," in order to provide a
mechanism to prohibit certain activities such as open burning or the discharge of fireworks or
other incendiary devices upon the determination of the existence of a drought emergency. The
process set forth in Ordinance No. 2009 -23 requires a recommendation by the County Manager
to the Board at a public meeting, and the Board, considering all of the evidence before it, to
adopt a Resolution imposing the appropriate restrictions or prohibitions as set forth in the
Ordinance. These restrictions remains in effect until the Board adopts a like Resolution
repealing the burning ban. Staff is concerned that the process of scheduling Board approval for
such Resolutions may delay the County's response when rapidly esclating fire conditions are
evident and local resources are strained.
Representatives from the Florida Division of Forestry, Collier County Fire Chief s, Collier
County Sheriffs Department, Cooperative Extension Agent, Emergency Management and others
have jointly identified a need to have a burning ban become effective immediately when certain
environmental conditions are met. This item priminarily proposes that the Ordinance be
amended to give the Chairman of the Board of County Commissioners, upon recommendation by
the County Manager, authority to implement the Burning Ban on behalf of the Board in abstenia
and for the County Manager to report to the Board of the need to continue or suspend such a
burning ban at regularily scheduled meetings. Such a ban may include, but not be limited to, the
entire Collier County, or may include certain geographical boundries such as the Golden Gate
Estates, that may have received less rain or greater fire risk, than the urban or coastal areas of
Collier County.
Additional proposed changes to the Ordinance include:
• Provide definition(s) including but not limited to:
o Open burning
o Trash burning
o Outdoor cooking
o Fireworks such as sparklers and other incidendary devices
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2/28/2012 Item 165.1.
• Provide clarification to the definition of open burning under the purview and enforcement
of Collier County and what those penalites and enforcement process should intail within
a civil process.
• Properly reference and denote exemptions to open burning whereby State or Federal
authorities have jurisdiction by permit. An example includes but is not limited to
commerical agricultural and vegatative burning permits issued by the Florida Division of
Forestry.
• Clarify the terms and conditions in which fireworks, sparklers and incendiary devices
may be not sold to the public. Such clarification may include limiting the sale by
geographic location based on local fire conditions.
• Clarify the enforcement of the prohibition of the ignition of fireworks, sparklers and
incendiary devices for residential, commerical, or special event venues.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: If Board directed, the County Attorney's Office will work with
Emergency Management staff and the affected agencies to develop an amendment to Ordinance
No. 2009 -23, in order to allow the Chairman of the Board of County Commissioners to declare a
burning ban on behalf of the Board in abstenia under certain identified circumstances. A draft
amendment will be brought to the Board for future consideration along with a request for
authorization to advertise. This item is legally sufficient and requires a majority vote for Board
action. - JB W
RECOMMENDATION: Authorize staff to develop an ordinance for future consideration
that amends Ordinance No. 2009 -23 as referenced above.
Prepared by: Dan Summers, Director, Emergency Management
Jennifer B. White, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1.
2/28/2012 Item 16. F.1.
Item Summary: Recommendation to authorize staff to develop an ordinance for future
consideration that amends 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: 2/28/2012
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
1/27/2012 12:42:04 PM
Submitted by
Title: Director - Bureau of Emergency Services,
Name: SummersDan
1/27/2012 12:42:05 PM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 1/30/2012 9:24:03 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 1/30/2012 1:17:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2012 4:21:30 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senlor,OfCe of Management & Budget
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Date: 1/31/2012 2:51:21 PM
Name: OchsLeo
Title: County Manager
Date: 2/22/2012 12:26:01 PM
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2/28/2012 Item 16.F.1.