Backup Documents 05/12/2009 Item #10A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOA ;"1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOlwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-12-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 5-12-09 Agenda Item Number lOA
Aooroved bv the BCC
Type of Document Ordinance -Zooq, -Z~ Number of Original One each
Attached Resolution 2ooq, - \"2- 4. Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes
a ro riate. (Initial)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JAK
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 5-12-09 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
04-COA-Ol081/464
-- .-.---.-..-...-------.-.----.. -----.-".-.--
lOA; %1'
RESOLUTION NO. 2009-124
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR BURNING
BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER
COUNTY ORDINANCE NO. 2009-23.
WHEREAS, as a result of 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 protect real and personal property, it is necessary to implement
an immediate ban of outdoor burning and outdoor ignition sources in accordance with the
Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance" enacted by the Board of County Commissioners on May 12, 2009; and
WHEREAS, the following conditions are hereby found to exist:
A. The Keetch/Byram Drought Index as reported by the Florida Division of Forestry on our
about May 10, 2009, for Collier County exceeds an index value of 700 (seven hundred)
on a scale of (0) (zero) to 750 (seven hundred and fifty).
B. Collier County is one ofthe driest counties in the State at the present time.
C. Precipitation and rainfall deficits for southwest Florida indicate a 30%, thirty percent, or
greater decrease in average rainfall from January of 2009 until the present.
D. Local dependent and independent Fire Districts, State and Federal Agencies have
responded to numerous wildfire events that have frequently threatened homes, schools,
business, parks and roadways.
E. Wildfires have on occasion generated periodic evacuations and impacted commerce and
travel by forcing roads to be closed for suppression or smoke management concerns.
F. Local Fire Chiefs, the Division of Forestry and the Director of Emergency Services and
Emergency Management concur that a burning ban would be prudent under the current
meteorological conditions, and
WHEREAS, the Board wishes to implement all prohibitions listed in the Ordinance
including open burning and the discharge of fireworks, sparklers and incendiary devices.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly
permitted by the Collier County Ordinance known as the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, that all outdoor open burning, and
Page 1 of2
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outdoor ignition sources including fireworks, sparklers, incendiary devices (including but not
limited to campfires, bonfires, trash burning, disposal of lit cigarettes or cigarette butts) are
hereby prohibited until further notice.
BE IT FURTHER RESOLVED that this Resolution shall become effective when a copy
of the Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during
Drought Conditions Ordinance 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.
THIS RESOLJ..1TIO~ ADOPTED after motion, second, and majority vote favoring same,
this 12th day of May, 2009.'
I
. fJlt)!J ;,)' .~" BOARD OF COUNTY COMMISSIONERS
ATTEST:\' / (>. " .
.": . ' .'1. - . .",'
DWIG~T E:.~~OCl5, ~fk ' COLLIER COUNTY, FLORIDA
~~c By ~~.J~
, . '. 'I ... " ",,,VJ' , Deputy Clerk DONN FIALA, ChaIrman
.t~~ .'" ',sl' ',i,J'
Approved as'to form'
and gal sufficieiIcy:
+--
Page 2 of2
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ORDINANCE NO. 2009-
-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A
STATE 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 TillS
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 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".
Page 1 of6
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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, arid 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
Page 3 of6
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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 defmed 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
Page 4 of6
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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 Enforce~ent 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
Page 5 of6
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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 day of ,2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Page 6 of6
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RESOLUTION NO.2009- - .
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR BURNING BAN
IN ACCORDANCE WITH THE PROVISION OF COLLIER COUNTY
ORDINANCE NO. 2009-
WHEREAS, as a result of 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 protect real and personal property, it is necessary to implement
an immediate ban of outdoor burning and outdoor ignition sources in accordance with the
Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance" enacted by the Board of County Commissioners on May 12, 2009; and
WHEREAS, the following conditions are hereby found to exist:
A. The Keetch/Byram Drought Index as reported by the Florida Division of Forestry on our
about May 10th. 2009 for Collier County exceeds an index value of 700 -seven hundred
on a scale of (0), zero, to 750, seven hundred and fifty.
B. Collier County is one of the driest counties in the State at the present time.
C. Precipitation and rainfall deficits for southwest Florida indicate a 30%, thirty percent or
greater decrease in average rainfall from January of 2009 until the present.
D. Local dependent and independent Fire District's, State and Federal Agencies have
responded to numerous wildfire events that have frequently threatened homes, schools,
business, parks and roadways.
E. Wildfires have on-occasion generated periodic evacuations and impacted commerce and
travel by forcing roads to be closed for suppression or smoke management concerns.
F. Local Fire Chief's, the Division of Forestry and the Director of Emergency Services and
Emergency Management concur that a burning ban would be prudent under the current
meteorological conditions, and
WHEREAS, the Board wishes to implement all prohibitions listed in the ordinance
including open burning and the discharge of fireworks, sparklers and incendiary devices.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly
permitted by the Collier County Ordinance known as the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, that all outdoor open burning, and
outdoor ignition sources including fireworks, sparklers, incendiary devices (including but not
limited to campfires, bonfires, trash burning, disposal of lit cigarettes or cigarette butts) are
hereby prohibited until further notice.
_.__._--~--_._--- .- -.--....--.-...- '.-..-" .'---"-'-'~"'~"-'--'--'._'-'<-".~--"-'~~~'--'.'----- .__..."_...__._____<.._.._...._u_
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BE IT FURTHER RESOLVED, that this Resolution shall become effective when a copy
of the Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during
Drought Conditions Ordinance 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.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 12th day of May, 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow,
County Attorney
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COLLIER COUNTY FLORIDA lOA
(i)
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS "
, .
lOR \ \)
To: Clerk to the Board: Please place the following as a:
[SJ Normal legal Advertisement o Other:
(Display Adv., location, etc.)
**********************************************************************************************************
Originating Deptl Div: Bureau of Emergency Services Person: Dan Summers Date: 5/12/09
Petition No. (Ifnone, give brief description): Bum Ban Resolution and Ordinance
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before X BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. BCC approved 5/12/09 Item lOA
Newspaper(s) to be used: (Complete only if important):
[SJ Naples Daily News o Other [SJ Legally Required
Proposed Text: (Include legal description & common location & Size: EFFECTIVE MAY 12,2009 THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS (CCBCC) ENACTED RESOLUTION NO. 2009-124 TO ENACT AN OUTDOOR
BURNING BAN IN ACCORDANCE WITH THE PROVISIION OF COLLIER COUNTY ORDINANCE 2009-23 WHICH
DECLARES A STATE OF LOCAL EMERGENCY; PROVIDING FOR THE EMERGENCY REGULATION OF OUTDOOR
BURNING AND USE OF INCENDIARY DEVICES DURING CONDITIONS OF EXTREME DROUGHT; PROVIDING FOR
IMPLEMENT A TlON OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR PENAL TIES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE ORDINANCE AND RESOLUTION ARE
A V AILABLE FOR VIEWING WITH THE BOARD MINUTES AND RECORDS.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? 0 Yes [SJ No If Yes, what account should be charged for advertising costs: 001-
144210-648160. PO No. 4500107015.
Reviewed by: .~-
* c;~~
Division Administrator or Designee Date
List Attachments: Bum Ban Ordinance and Resolution orol,fO" (~rf!'1
~
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If a legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
D County Manager agenda file: to o Requesting Division o Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
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FOR CLERK'S OFFICE USE1f!1B'/~3Jl. ",JA
Date Received: III Date of Public hearing: _-=---_ Date Advertised: 6 Ol~ ~
,
.
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Let's try this! Page 1 of 1
Teresa L. Polaski lOA .
.
From: ColeMaryAnn [MaryAnnCole@colliergov.net]
Sent: Friday, May 15, 2009 3:51 PM
To: Patricia L. Morgan
Cc: Christine Chase
Subject: *Let's try this!
Attachments: Request for legal advertisment Burn Ban.docx
Pat,
Thank you so much for all your help (and Teresa's!).
Attached is the Request for Legal Advertising - the PO number fer the Naples Daily News is
4500107015.
Please let me know if you need additional info - Dan Summers said that Thursday's paper is okay, and
to advertise as cheaply as possible.
Again, thanks for the help - have a great weekend!
Mary Ann
Mary Ann Cole
Collier County Emergency Management
8075 Lely Cultural Parkway, Suite 445
Naples, FL 34113
Phone 239-252-3600
Fax 239-252-3700
www .cQHt~rgm .erg
<<Request for legal advertisment Burn Ban.docx>>
5/18/2009
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Acct #068784
May 18, 2009
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Burn Ban (Display Ad - Quarter Page)
Dear Legals:
Please advertise the above referenced notice of adoption on Thursday, May 21,
2009, and kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. # 4500107015
\
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NOTICE OF ADOPTION
EFFECTIVE MAY 12, 2009 THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS (CCBCC) ENACTED
RESOLUTION NO. 2009-124 TO ENACT AN OUTDOOR BURNING
BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER
COUNTY ORDINANCE 2009-23 WHICH DECLARES A STATE OF
LOCAL EMERGENCY; PROVIDING FOR THE EMERGENCY
REGULA TION OF OUTDOOR BURNING AND USE OF
INCENDIARY DEVICES DURING CONDITIONS OF EXTREME
DROUGHT; PROVIDING FOR IMPLEMENTATION OF THIS
ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE
ORDINANCE AND RESOLUTION ARE A V AILABLE FOR
VIEWING WITH THE BOARD MINUTES AND RECORDS
DEPARTMENT.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Polaski, Deputy Clerk
(SEAL)
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Teresa L. Polaski
To: legals@naplesnews.com
Subject: Notice of Burn Ban
Attachments: Notice of Burn Ban.doc; Notice of Burn Ban.doc
Legals,
Please advertise the following Display Ad on Thursday, May 21, 2009. Thanks
Notice of Burn Notice of Burn
Ban.doc (28 KB)... Ban.doc (27 KB)...
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierclerk.com)
1
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Teresa L. Polaski lOA..
From: postm aster@collierclerk.com
Sent: Monday, May 18. 2009 9:13 AM
To: Teresa L. Polaski
Subject: Delivery Status Notification (Relay)
Attachments: ATT269032.txt; Notice of Burn Ban
[] D
" .-
...,,-
A TT269032.txt Notice of Burn
(231 B) Ban
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
~-----~~-------,.. ,._____,~~____o rw1"" w n....,., '11""" _'II "'.____._~_____M.____
Notice of Bum Ban Page 1 of 1
lOA
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, May 18, 2009 4:02 PM
To: Teresa L. Polaski
Subject: RE: Notice of Burn Ban
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierderk.com]
Posted At: Monday, May 18, 2009 9: 13 AM
Posted To: Legals - NDN
Conversation: Notice of Burn Ban
Subject: Notice of Burn Ban
Legals,
Please advertise the following Display Ad on Thursday, May 21,2009. Thanks
<<Notice of Burn Ban.doc>> <<Notice of Burn Ban.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
5/18/2009
__." ._,.__~....._.___.._,_.__,,_____._"^~___~<~"--'__"""""'_.'~=-O""""""_""'~ ___..,..,..-"...., """,;,,,,,,,,".,,,,,-,,,,,~,;,,_,,c,,"______,,,,-..,,,._,.._..,., .",,,..-._~_,~,~,w,_~,,..,.~~~,",_......,,,,.,_...~~,.....,.,,. '"
Teresa L. Polaski lOA..
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, May 18, 2009 4:02 PM
To: Teresa L. Polaski
Subject: RE: Notice of Burn Ban
ok
From: Teresa L. Polaski [mailto:Teresa,Polaski@collierclerk.com]
Posted At: Monday, May 18, 2009 9: 13 AM
Posted To: Legals - NDN
Conversation: Notice of Burn Ban
Subject: Notice of Burn Ban
Legals,
Please advertise the following Display Ad on Thursday, May 21,2009. Thanks
<<Notice of Burn Ban.doc>> <<Notice of Burn Ban.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing.
1
~___....___.,.,..._"_,.._~_.._....'_W" "'__w ,,_"','''_ 'F Ill' .'~', _ -'rF " . __'..__"....~__..'.""'"~_~...,,_,.,""..C",....,"',.,_"'''.,_,.,..~,__.<__.~~"_____~.,',."'.~.'"...,_.".....-_"~__,,_,_ ,,~_.
lOA
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Tuesday, May 19, 2009 11: 18 AM
To: Teresa L. Polaski
Subject: RE: Notice of Burn Ban
Attachments: 231121705.pdf
Your proof.
Emely
213-6061
~~___,_,;~""",-~__,-_,_,;_~__""""~,,,,__A<W_""__'~'~_;'''''''''''''''''''==_'____"'''''''''''~''"'m;.,"""",,_'''''''''W'~"''"''''''''-''''''''^~'''~'_'~;~~''''*=<__~''~___<''''-
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Monday, May 18, 2009 9: 13 AM
Posted To: Legals - NDN
Conversation: Notice of Burn Ban
Subject: Notice of Burn Ban
Legals,
Please advertise the following Display Ad on Thursday, May 21,2009. Thanks
<<Notice of Burn Ban.doc>> <<Notice of Burn Ban.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. if you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing.
1
,- ._,..---_...~~~-"'" ~.... ---...- .,_,__.__..'_,_..._.....~a_".~.^
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE IDA
NOTICE
OF ADOPTION
EFFECTIVE MAY 12, 2009 THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS (CCBCC)
ENACTED RESOLUTION NO. 2009-124 TO ENACT
AN OUTDOOR BURNING BAN IN ACCORDANCE
WITH THE PROVISION OF COLLIER COUNTY OR-
DINANCE 2009-23 WHICH DECLARES A STATE
OF LOCAL EMERGENCY; PROVIDING FOR THE
EMERGENCY REGULATION OF OUTDOOR BURN-
ING AND USE OF INCENDIARY DEVICES DURING
CONDITIONS OF EXTREME DROUGHT; PROVID-
ING FOR IMPLEMENTATION OF THIS ORDINANCE
BY COUNTY RESOLUTION; PROVIDING FOR PEN-
ALTIES; PROVIDING FOR CONFLICT AND SEVER-
ABILITY; AND PROVIDING AN EFFECTIVE DATE.
THE ORDINANCE AND RESOLUTION ARE AVAIL-
ABLE FOR VIEWING WITH THE BOARD MINUTES
AND RECORDS DEPARTMENT.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Polaski, Deputy Clerk
(SEAL)
No. 231121705 May 21. 2009
,~..,~,,,~~w,,_.,_,~.___,,,,,,,, .. ~ ___ v- ___~_"""",,,,..~,,,,._.,,,~___._".",., -_.~,~, -_.^'~."'<"
JUA
NAPLES DAILY NEWS
Published Daily
Naples, FL 34] 02
Affidavit of Publication
State of Florida
County of Collier UNTY
Before the undersigned they serve as the authority, personally CO)
appeared Susan Rogge, who on oath says that she serves as
the Vice President of Finance of the Naples Daily, ACT
a daily newspaper published at Naples, in Collier County, .NCE
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a .....ORl'"
PUBLIC NOTICE .JSTATE
in the matter of PUBLIC NOTICE t,R . TH.E
was published in said newspaper ] time in the issue .~tBlJRN-
on May 2],2009 BIN:G
Affiant further says that the said Naples Daily News is a newspaper , ,...""rtiq. .'f~b\llD-
published at Naples, in said Collier County, Florida, and that the said A bobcatt.sU'in a tN. at Wergl,. . '.' ....
newspaper has heretofore been continuously published in said Collier . ..~~"'CE
County, Florida; distributed in Collier and Lec counties of Florida,
each day and has been entered as second class mail matter at the post R.PEN-
office in Naples, in said Collier County. Florida, for a period of I
year next preceding the first publication of the attached copy of y UM!R-
advert' ment; and affiant further says that he has neither paid nor
pro s (I any person, Jirm or corporation any discount, rebate,
com ssion or refund for the purpose of securing this advertisement for LaDe.. ,SDctetY~1V[;
pu c1~1 C~d nFhpe/h _
( Signature of affiant) 9t-- \4 UTES
. lEY lQr !Us job.
!sp6ndEnt '':S,ometw" . peG
Sworn to and subscribed before me ate tiIqes make bat
>eingfired. the ex:;- Don made a bad (
This 22nd day of May, 2009 :>r ofthe G'-1lf C.oa$t going to let it go
Lt\n /U..Q Gl{\ '\ ~~ytQ.o~l.. ~ty agteed.tq~st ' a_ecjsiQnt~th~ ---
. cf>~troversYat ~ J~ . what we,. believe.'
(Signature of notary public) ased nonprolU; ..D.l"o: .beiw.Qr' for: JUt e
U-iANEL (\. MCDONf\LL.: tor.~ Henrion sait
Commission DO 650475 was given a choice to elaborate on v
Expires June 29, 2011 wing a me.etinfj of by a bad.decision
8l:n(!e(i Tt,'";" ~. roy r i'llfl ':1SWSI1Ce BOQ':18:S-7D1~) bo~ci()f du:ect~r$. In-reeent montll
ltion's director of Humane Society
laid off. merous allegati(
ld~d resiAne4. nqt CO~=f ~db.
itll any at'. . bUtl~'Ye emp .."~ to thel
~rminated beCote." me~t of Agticultl .
-ednesday. i\nimal Husbandr
een ex:eCJ.1~e ~~. leged illeplaccepl
l:lre~~ears.~g:{t."ft\'a:DPth~,.4]
try 0 $65,000. plus People for the .Et1:
of Animals also s
dent Kay Hennon queSt~g thesp.elle
I had a lengthy -dis- recover ..;wmow; fc
Cohen. as Pinky, a dog th
ot something We Animal Services !
" she said. "In fact, . of severe medical i
'ought passionately not being properl'
:'..' .. . . 'May 21 2009
_~._,"c -,<..-<_.~^'~---,~----,,---- ---.-,-.-..",.,. "'~^'-
I J.UA
i
,'M' , ,;."CE '" .,
,.'_PYION
vs ..'. .....; .'.'> .' .... .<'.",' ..... ... ....
I
I'
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I
.
[IEFFJ~~~~Yi1~, 2~I.THE COLLrERCOUNTY
i ](~Y,;.\:~HTV:~MtSSIONeAS (COBCC)
j :~~~,~P. 2009-124 TO ENACT
l'AN'~"~tl~N""',,Bf'N IN AC90RQANCE
, /WITH,1~'~~~pN~'COLLI6RCOUNJY OR-
I QI".ANe&i;:..,a'WfftCIrl DECLARES 'A' 'STATE
. 'Of ,~~;~_~y:, PROVIDING. FOR ,tHE
EM,i~_~~~ OF OUTDQ9R'BURN-
ING ,ANDfOIE'elF'\INOENDIARY DEVICES ,DURING
CONDITIONS OF EXTREME DROY.GHT; '.pROVID-
ING FOR I~~LEMENTATION OF THIS. OROINANCE
BY COUNTY RESOLUTION; PROVIDINGFQR,PEN-
ALTtES; PROVIDING FOR GONFLICTAND SeV;R-
ABIUT't'; AND PROVIQINq i ~N . EFFECTIVE DATE.
THfQADfNANCe'AND'FteSCbl~TIO~E-AVAIL~
ABLE FOR VIEWING WITH TH~-Bo-ARD MINUTeS
AND RECORDS DE.pART~eNT.
, , .-
BOARPOF'COUNTY CqMMISSIONERS /~ --
CQLUER COUNT'tI, FLORIDA
DONNA,FIALA', OHAIRMAN .
-..
DWIGHTE.BROCK, CLERK
BY: Teresa PoIaski,OeputyClerk
(SEAL)
~9.231121705 I AI - MI\Y 21 2009
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOA
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to OIiginal document. Original documenls should be hand delivered to the Board Office. The eomplcted routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, c011lolete the checklist, and forward to Sue Filson 'line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-12-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the evcnt one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee ehaimJan's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 5-12-09 Agenda Item Number lOA
Aooroved by the BCC
Type of Document Ordinance 2.00 <=\ - z? Number of Original One each
Attached Resolution "200<::\ - \ "2- 4- Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial) A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JAK
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 5-12-09 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
I: Forms! County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
04-eOA-OI0811464
IDA
ORDINANCE NO. 2009 - 23
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A
ST A TE 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
PENAL TIES; 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 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."
Page lof6
.. ~" ... "''''''.",,"'_''''"'''_U ~.,,<-", _.."_.._..."_'.V"~~~""'_~
IDA
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.
Page 2 of6
-.. ~_._'"-" - . --,- l'il "" L -~"~"'- --
IDA
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 ofthe 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
Page 3 of6
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IDA
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
Page 4 of 6
...., ~ ~-,._......",..._,,~- T ...AlllI...._'_o..". ',...",........."'__80. "''';-....... .."..~-,..._"-'"
IDA
(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
Page 5 of6
,.~"". ........ " ..._..,._~ Il<'" .. ...__..." '~11 IIIIl 'Ml\~__''''''''"_''''''''''_'' ""'_.""'-""'"""-~-'--~"~'"< _.. ".~.."".,,,--~~-- -,-
IDA j
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 \ '..:...\-'" day of~~ ,2009.
- \
AJ'TESl':': ...:.'s '.<' BOARD OF COUNTY COMMISSIONERS
D~~~~flerk OF C~~R COUNTY, FLORIDA
~. ,', .', , " .-
~".....':.\~{. By: . ~~ d4~
At.....t. '."" ~,J:l~t,,-Clerk DO A FIALA, ChaIrman
.t~~..:,:~ ·
Approved as to fOmI and
leg sufficiency:
.-
Page 6 of6
,~,~-""",~~., .",,""", " ....~._.".,.,.,,-_.. . Il'" ~ ___..._.__,__,._. "." O'_"_""'_~'~_~",,_"_______,~_,,~~,__,_ ,
,lOt :'i
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.
" ". :~ '1 . ;",
DWIGHT E. BROC~' ,d' J!',{.,,>
Clerk of Courts Gl-po,cle:;Bc
Ex-officio to ~~~d. of~\ "
County Commissiqners I ,
,.--. . "~""-'-""""""-'-"-''''_. ~,.._",_.-._,., .~ "'-~",","''''''~ .. 'OJ _o,_._~'.~_.'~.,""_, "