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Agenda 05/12/2009 Item #10A Agenda Ilem No. 10~ May 12, 2001il Page 1 of $ ;1 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners considers the adoption of an Ordinance regulating outdoor burning Bnd use of incendiary devices during the existence of extreme drought conditions. OBJECTIVE: That the Board of County Commissioners (Board) consider the attached Ordinance and provide desired staff direction, CONSIDERATIONS: From time-to-time, due to significant rainfall deficits, Collier County experiences severe drought conditions which result in wildfires throughout eastern Collier County. As such, in order to protect the public health, safety and welfare, and to avert the destruction of real and personal property caused by wildfires, the Board from time to time may wish to ban all outdoor burning until such time as the severe drought conditions end. Since this is a reoccurring event for our area, the Ordinance is structured similar to a light switch, becoming applicable only upon the Board declaring a state of local emergency by Resolution, and becomes inactive upon the Board finding that the local emergency no longer exists, The Ordinance is further crafted to allow the Board to act quickly to rapidly changing drought conditions, FISCAL IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the County Attorney. This is a regular item requiring simple-majority vote. -JAK GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners directs staff to bring the attached Ordinance back to the Board for formal action at the May 26, 2009 Board Meeting. PreDared Bv: Jeffrey A. Klatzkow, County Attorney ;j ~ J J ~ 'I 'I J Agenda Item No. 10A May 12, 2009 Page 2 of 8 ORDINANCE NO. 2009- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, REGULATING OUTDOOR BURNING AND USE OF INCENDIARY DEVICES DURING EXTREME DROUGHT CONDITIONS; PROVIDING FOR IMPLEMENTION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time-to-time, as a result of an extreme drought, Collier County experiences severe wildfires which endangers the public health, safety and welfare, and imperils real and personal property throughout 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, that during these periods of extreme drought it is necessary to implement a ban of outdoor burning and outdoor ignition sources; and WHEREAS, 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 OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance." SECTION TWO: 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 Page] of6 Agenda Item NO.1 OA May 12, 2009 Page 3 of S 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 THREE: 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 FOUR: 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, 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. Page 2 of6 Agenda Item NO.1 OA May 12, 2009 Page 4 of 8 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 FIVE: Prohibition. The Resolution imposing the ban on open burning or discharge of fireworks may prohibit any or all ofthe 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 Page 3 of6 Agenda Item NO.1 OA May 12, 2009 Page 5 of 8 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 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 SIX: 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 SEVEN: Exceptions. I. 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 Page 40f6 Agenda l1em NO.1 OA May 12, 2009 Page 6 of 8 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 ofthe 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 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 EIGHT: 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 Citation, 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 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. Page 5 of6 Agenda Item NO.1 OA May 12, 2009 Page 7 of 8 SECTION NINE: 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 TEN: 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 ELEVEN: 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 ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A Klatzkow County Attorney Page 6 of6 Page I of I Agenda Item No. 10A May 12, 2009 Page 8 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10A Request that the Board of County Commissioners consider a request by the Bureau of Emergency Services, Division of Forestry, Collier County Fire Chiefs Association, and the Collier County Sheriffs Office to enact a burning ban ordinance and direct staff to publish a Public Notice regarding the burning ban ordinance to be heard at the May 26. 2009 meeting. (Dan Summers, Emergency Services Bureau.) Meeting Date: 5/121200990000 AM Prepared By Jeff Klatzkow County Attorney County Attorney Office Date County Attorney 511120099:03:29 AM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 5/11200910:14 AM Approved By Dan E. Summers Bureau of Emergency Services Director Bureau of Emergency Services Date County Manager's Office 514/2009 9:46 AM Approved By Lama Davisson Management & Budget Analyst Office of Management & Budget Date County Manager's Office 5/4/200911 :34 AM Appro\'ed By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/6/2009 9:24 AM file://C:\AgendaTest\ExPOli\I29-Mav%20 12,%202009\1 0.%20COUNTY%20MA N AGFR %.. ,JAOOO')