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Agenda 03/22/2022 Item #16F1 (Resolution - Outdoor Burning Ban)03/22/2022 EXECUTIVE SUMMARY Recommendation to adopt a resolution to enact an outdoor burning ban in accordance with the provision of County Ordinance No. 2009-43, as amended, for an indefinite period of time until conditions improve. OBJECTIVE: to enact an outdoor burning ban within Collier County to curb the risk of wildfire, protect and conserve property, and ease the burden on wildfire response resources CONSIDERATIONS: County Ordinance 2009-23, as amended, provides a mechanism for the County to enact an Outdoor Burning Ban within the County. This Ordinance along with a resolution provides the County with the power and authority to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community. On March 8, 2022, the County Bureau of Emergency Services and Emergency Management received a letter from the National Weather Service in Miami. The letter provided the National Weather Service assessment of meteorological and hydrologic conditions in the county. Currently, Collier County is one of the driest counties in Florida with a Keetch-Byram Drought Index (KBDI) approaching 600, as a result of very little rain in the last few months. The immediate forecast does not include significant rainfall. The current conditions could allow for fires to start with little effort, burn with greater intensity, and could spread quickly. The Bureau of Emergency Services and Emergency Management in coordination with the Florida Forest Service, Collier County Fire & EMS Chief’s Association, and National Weather Service in Miami are bringing to you, via our established ordinance, a ban on all outdoor burning in unincorporated Collier County. The implementation of such a ban has been instituted three times since 2017. This ban does not require a Local State of Emergency to be imposed. The ban by ordinance may be initiated by the County Manager in absentia as timing is typically critical due to evolving drought conditions. All key agencies have been briefed and are in full support of the ban to help curb the risk of wildfire, protect and conserve property, and ease the burden on wildfire response resources in demand around various portions of the State. The Sheriff's Office and Code Enforcement are aware of these efforts and the ban does not apply to agricultural or commercial interest permitted by the State. The Bureau of Emergency Services and Emergency Management will continue to monitor conditions and make a future recommendation to the County Manager for either an extension of the ban or termination based on conditions and consultation with key partner agencies. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: RECOMMENDATION: To adopt a resolution to enact an outdoor burning ban in accordance with the provision of County Ordinance No. 2009-43, as amended, for an indefinite period of time until conditions improve. PREPARED BY: Geoff Willig, County Manager's Office Senior Operations Analyst ATTACHMENT(S) 1. CM Letter to BCC - Burn Ban Resolution (PDF) 16.F.1 Packet Pg. 1276 03/22/2022 2. NWS CollierCountyBurnBan_March 2022 (PDF) 3. CCFEMSCA burn ban 3.07.22 (PDF) 4. 2013-22 Ordinance for Burn Ban (PDF) 5. FORM - Burning Ban Resolution CAO (DOC) 16.F.1 Packet Pg. 1277 03/22/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Doc ID: 21612 Item Summary: Recommendation to adopt a resolution to enact an outdoor burning ban in accordance with the provision of County Ordinance No. 2009-43, as amended, for an indefinite period of time until conditions improve. Meeting Date: 03/22/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 03/10/2022 1:53 PM Submitted by: Title: County Manager – County Manager's Office Name: Mark Isackson 03/10/2022 1:53 PM Approved By: Review: Emergency Management Daniel Summers Additional Reviewer Completed 03/10/2022 4:50 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/11/2022 8:34 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2022 9:36 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/14/2022 9:47 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/14/2022 11:50 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM 16.F.1 Packet Pg. 1278 16.F.1.aPacket Pg. 1279Attachment: CM Letter to BCC - Burn Ban Resolution (21612 : 2022 Burn Ban) 16.F.1.b Packet Pg. 1280 Attachment: NWS CollierCountyBurnBan_March 2022 (21612 : 2022 Burn Ban) 16.F.1.c Packet Pg. 1281 Attachment: CCFEMSCA burn ban 3.07.22 (21612 : 2022 Burn Ban) ilE G E r U ORDINANCE NO. 2OI3 - 22 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY' FLORIDA, AMENDING ORDINANCE No. 2009-23,THE R"EGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS ORDINANCE, SO AS TO:l) ADD DEFINITIONS; 2) AUTHORIZE THE CHAIRMAN, UNDER CERTAIN TDENTIFIED 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 Buming and Incendiary Devices during Drought Conditions Ordinance, provides a mecheurism by which the Board of County Commissioners (Board) may implement an immediate ban of outdoor buming 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 theYtEt Forest service, collier countf€e B.*-Association, Collier County Sheriff s arffi,Eoop.rutire Extension Agent, ^&"e".il Management have jointly identified a need to have a buming ban become effectiveffi ,fi",? when certain environmental conditions are met; and pi*tr,; rnL''Cr = t4l."cr * An::1 \r,WHEREAS, the Board desires to amend a amend Ordinance No. 2009-21 accotfiellsf zing the Chairman, under certain identified conditions, to implement such €fu.6authorizing the Chairman, under certain identified conditions, to implement such 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 ORDATNED 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; Stru€k+@ texr is deleted Page I of6 16.F.1.d Packet Pg. 1282 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) A. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary Devices duing Drought Conditions Ordinance". B. Definitions: "Fircworks" means and includes any combustible or explosive composition or substance or combination of substances as defined in Section 791.01. Florida Statutes. *Fireworks" does not include slnrklers aporoved bv the Division of the Starc Fire Marshal of the Departrrent of Financial Services. "Open Buming" means any outdoor fire or open combustion of material that Ecduces visible emissions. "Trash" means aov discarded material. "Yard Trash" means vegetative matter renrltinc from latrdscsping and yard maintenance opcrations and other such routine property cleanup activities. The rcrm incltrdes materials such as leaves. shnrb trimnrings. grass clippinqs. brush and palm fronds. It does not include household carbage. "Yard Wasrc" means vegetative matter resultin& from laodscaping and yard maintenancc ooe,rations and other such routinc property clean-up activities. It includes materials such as leaves. shrub trimmings. grass clilDings. palm fronds. and brush. It docs not include land clearins debris or tree cutting debris. SECTION TWO: AMENDMENT TO SECTION FM OF ORDINANCE NO. 20Ut-23, Section Five is hereby amended as follows: SECTION FIVE: Implementation by Resolution. When the County Manager makes a detemrination 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. Undcrlincd text is addcd; ShmlF*rengh text is deteted L 2. T 4. 5. Page 2 of6 16.F.1.d Packet Pg. 1283 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) Whether the condition of the vegetation in the County makes it susceptible to ignition. Any actions taken by surrounding jurisdictions in regard to drought conditions and fire hazards. Any other condition or factor which could have a bearing on existing fire trazard conditions and which rcasonable persons of prudence would normally rcly on to determine if a fire hazard condition exists. In making such writrcn prcscntation to the Chairman of the Board or the Vicc{hairrran in his or her absence. the County Manager will recommend which prohibitions to impose and under what, if any, conditiotu 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 executc a Resolution imposins inpeso any or all of ttre prohibitiour as conditioru warrant without Board action. In the absence of the Chairman and Vice-chairman: the nort countv commissioner in order of seniority. or if two or more werc appoiotcd on th€ same date. thert in alphabetical order amonc them mEy take action in accordance with this section. Ortdoor burning may include, but shall not be limited to, campfircs, 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 dir{siea+f{erery Florida Forcst Service has issued a pcrmit or other authorization. iea The ban shall takc effect upon approval of the Resol8ion. The Counlv Manager. at the next scheduled public meeting of the Board- shall notifr the Board of the Resolution. Thc Resolution shall reurain in effest turtil a like Resolution repealing the buming ban is adopted by the Board and upon adoption of the repeal, the restrictiorur on buming or discharge of fireworks shall be irnmediarcly lifted. Further, the Board from time to time may amend any Resolution by changing, delaing, or modifying the provisions on burning and discharge of fireworks depending on changes in the drought conditions. SECTION THREE: AMENDMENT TO SECIION SIX OF ORDINAI\ICE NO. 2ffilt-23. Section Six is hercby 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 unlaufirl for any penron to set fire or cause fire to be sct to any forest, grassland, wild land, marsh vegetation, or land in an urban or rural area including those associated with agriculture, pile buming, or the building of campfires, bonfires, the burning of yard trash, household garbage, refise, or other debris in the E. F. G. Undcrlined tcxt is added; Sfidc+hre€h text is delacd Pagc 3 of6 16.F.1.d Packet Pg. 1284 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) unincorporated areas of Collier County, unless otherwise provided herein as an exception. [n addition, the Resolution may prohibit any person or entity from discharging, causing to be discharged, or the sale of any fireworks or inccndiary devices that may caus€ or have a tendency to causa 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 arc so severE ar to constitute an actual emergency. SECTION FOUR: AMENDMENT TO SECTION SEVEN OF ORDINAIYCE NO. 2009-23. Section Seven is hereby amended as follows: SECTION SEVEN: Publication. Within a reasonable time after adopting such Resolutiorl the BeeC County Manaqer shall leai *ttarso noti& the public by ne+vspepet radio, and/or televisioq and electronic media of the applicability of this Ordinance and any subsequent implementing Resolutions. SECTION FIVE: AMENDMENT TO SECTION EIGIIT OF ORDINANCE NO. 2009-23. Section Eight is hereby amended as follows: SECTION EIGHT: Exceptions. l. Nothing contained herein or in any implementing Resolution shall be construed to: (a) prohibit lawful activities involving incendiary devices, fire, or flame in contolled 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 wher€ 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 wherc there are facilities designed for outdoor cooking which would contain the heat, flames, or fire otherwise Undcrlined text is added; Stu€l+Sr€ugh text is deleted Page 4 of6 16.F.1.d Packet Pg. 1285 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) 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 ttree (3) feet beyond the nearest edge ofthe fire. 2. The provisions of this Ordinance or in any implementing Resolution shall not apply to any duly existing or constituted fire departmen! fire district, or volunteer fire department conducting training exercises involving open fire or flame solely for training purposes under controlled conditions. SECTION SIX: AMENDMEI{T TO SECTION NINE OF ORDINANCE NO.2OO9-23. Section Nine is hereby amended as follows: SECTION NINE: Violations and Penalties. Any violation by any penon of any requirement or provision of this Ordinance or any approved County Resolution implementing this Ordinance shall be considered a Civil lnfraction and may be prosecuted in the same manner as described in Ord. No. 200744, the Collier County Consolidated Code Enforcement Ordinance, as anrended, 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 inaoorooriate by the investigating office(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 &is Ordinance or any approved County Resolution implementing this Ordinance shall be considered a separate violation subjecting the violator to the fines and/or imprisonment spccified herein. SECTION SEYEN: CONFLICT AI\[D SEYERABILITY. 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 AIID 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 thc word "ordinance" may be changed to "section", "article", or any other appropriate word. Underlined tcxt b addcd; Shr€lt+hrcugh rext is delcted Page 5 of6 16.F.1.d Packet Pg. 1286 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) SECTION NINE: EFFECTIYE 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 Dt LY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisZo\lnday of Fdorsq\ . 2013. Undcrlinod text is added; Snrcf+*erul tcxt is deletcd ATTEST: HrLLE& ESQ. Page 6 of5 Thk ordinorrcc litrd rith th. trW;lffiedfzat? COMMISSIONERS ord 16.F.1.d Packet Pg. 1287 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) STATE OF FI,ORIDA) COUNTY OF COLLIER) T, DWIGHT E. BROCK, Clerk of CourEs in and for the Twent,ieth Judicial Circuit, Col1j-er County, Florida, do hereby cert,ify that, the foregoing is a true and correct copy of: oRDrlrAlrcE 20L3-22 which was adopted by the Board of County Commissioners on the 26Eh day of February, 2013, during Regular Session. WfTNESS my hand and the official seal of the Board of County CommissionerE of Collier CounEy, Florida, this 6th day of March, 20L3. Ann 16.F.1.d Packet Pg. 1288 Attachment: 2013-22 Ordinance for Burn Ban (21612 : 2022 Burn Ban) Page 1 of 2 RESOLUTION NO. 2022 - _______ 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, AS AMENDED. 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 No. 2009-23, as amended, known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance;” 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 or about March 8, 2022, for Collier County approaches an index value of 600 on a scale of zero to 750. B. Collier County is among many of the driest counties in the State at the present time. C. 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. D. Wildfires have on occasion generated periodic evacuations and impacted commerce and travel by forcing roads to be closed for suppression or smoke management concerns. E. 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 No. 2009-23, as amended, 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. 16.F.1.e Packet Pg. 1289 Attachment: FORM - Burning Ban Resolution CAO (21612 : 2022 Burn Ban) Page 2 of 2 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this _______ day of _____________, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: ___________________________ By: _____________________________ , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: __________________________ Jeffrey A. Klatzkow County Attorney 16.F.1.e Packet Pg. 1290 Attachment: FORM - Burning Ban Resolution CAO (21612 : 2022 Burn Ban)