Agenda 06/13/2023 Item #16F2 (Resolution- Repealing Resolution #2023-42 established to enact an outdoor burning ban in accordance with Ordinance #2009-23)16. F.2
06/13/2023
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution repealing Resolution No. 2023-42, established to enact an outdoor
burning ban in the unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, as
amended, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance, because drought conditions no longer exist.
OBJECTIVE: That the Board of County Commissioners (Board) repeal Resolution No. 2023-42 which enacted an
outdoor burning ban in accordance with Ordinance No. 2009-23, as amended.
CONSIDERATIONS: On May 14, 2009, the Board adopted Ordinance No. 2009-23, the Regulation of Outdoor
Burning and Incendiary Devices during Drought Conditions Ordinance, for the purpose of protecting public health,
safety and welfare, and averting the destruction of real and personal property caused by wildfires. Since this is a
reoccurring event in 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. The ban then becomes inactive upon the Board
finding, by Resolution, that the local emergency no longer exists.
On March 3, 2023, the Board invoked Ordinance No. 2009-23 and adopted Resolution No. 2023-42 implementing
all prohibitions listed in the Ordinance.
Due to significant rainfall that has accumulated since the burn ban was implemented by Resolution No. 2023 -42,
the Division of Forestry, Department of Emergency Management, and the Collier County Fire Chiefs Association
are recommending a lift on the ban on all outdoor burning at this time.
FISCAL IMPACT: None.
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires a majority vote for approval. -JAK
RECOMMENDATION: To adopt a resolution repealing Resolution No. 2023-42 and terminating the burn ban.
Prepared By: Dan Summers, Director Bureau of Emergency Services
ATTACHMENT(S)
1. Fully Recorded Resolution 2023-42 Burn Ban 2023 Enanctment (PDF)
2. Resolution repealing burn ban Reso. No. 2023-42 (PDF)
3. CCFEMSCA burn ban termination 6.05.23 (PDF)
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16. F.2
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.2
Doe ID: 25734
Item Summary: Recommendation to adopt a Resolution repealing Resolution No. 2023-42, established to enact
an outdoor burning ban in the unincorporated areas of Collier County in accordance with Ordinance No. 2009-23,
as amended, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance,
because drought conditions no longer exist.
Meeting Date: 06/13/2023
Prepared by:
Title: Executive Secretary — Emergency Management
Name: Kathy Heinrichsberg
06/06/2023 8:25 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc — Emergency Management
Name: Daniel Summers
06/06/2023 8:25 AM
Approved By:
Review:
Emergency Management Daniel Summers Director Review
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
Office of Management and Budget Agnieszka Chudy Additional Reviewer
County Manager's Office Amy Patterson Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed
06/06/2023 8:47 AM
Completed
06/06/2023 8:57 AM
Completed
06/06/2023 8:58 AM
Completed
06/06/2023 9:10 AM
Completed
06/07/2023 9:49 AM
Completed
06/07/2023 11:15 AM
06/13/2023 9:00 AM
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1 6.F.2.a
RESOLUTION NO. 2023 - 42
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR BURNING
BAN EFFECTIVE MARCH 4, 2023, 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 current Keetch/Byram Drought Index, as reported by the Florida Division of
Forestry, for Collier County is greater than 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 as of
March 4, 2023, 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.
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1 6.F.2.a
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 31d day of March, 2023.
ATTEST:.
CRYSTA,I; --K11Vi-4 ',�LERK
By:"ilixf,
At��st �s to; Ch�ictil
Approvgp 4' fjVi and legality:
Jeffrey # KlatzhDw, County Attorney
BOARD OF COUNTY COMMISSIONERS
C04LIER COUNTY, FLORIDA
By:
Rick LoCastro, Chairman
Page 2 of 2
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16.F.2.b
RESOLUTION NO.2023 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DECLARING THAT A LOCAL EMERGENCY CAUSED BY
EXTREME DROUGHT CONDITIONS NO LONGER EXISTS IN
COLLIER COUNTY, AND IN ACCORDANCE WITH ORDINANCE
NO.2009-23, AS AMENDED, REPEALING RESOLUTION NO.2023-
42 WHICH IMPLEMENTED A BAN ON OUTDOOR BURNING
AND INCENDIARY DEVICES.
WHEREAS, on May 14, 2009, Board of County Commissioners (Board) upon declaring
that a local emergency existed within Collier County, Florida, requiring immediate measures to
protect the public health, safety and welfare, and to protect real and personal property, adopted
Ordinance No. 2009-23, known as the "Regulation of Outdoor Burning and Incendiary Devices
during Drought Conditions Ordinance," which has been amended from time to time; and
WHEREAS, on March 3, 2023, the Board in response to current wildfire conditions
approved Resolution No. 2023-42, to implement an immediate ban on all outdoor open burning,
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and outdoor ignition sources including fireworks (other than commercially permitted displays), N
0
sparklers, incendiary devices (including but not limited to campfires, bonfires, trash burning, cm
disposal of lit cigarettes or cigarette butts) until further notice in accordance with Ordinance No
2009-23, as subsequently amended; and
WHEREAS, Ordinance No. 2009-23, as amended, provides that such 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; and
WHEREAS, local fire chiefs, the Division of Forestry, and the Director of the Bureau of
Emergency Services concur that the extreme drought conditions warranting the ban on outdoor
burning and incendiary devices no longer exist and Resolution No. 2023-42 may be repealed.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
[23-EMG-00498/1796109/1 ]
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16.F.2.b
1. The Collier County Board of County Commissioners, convened in regular session and
based on information provided by local fire chiefs, the Division of Forestry, and the
Director of the Bureau of Emergency Services, hereby affirms that the local emergency
related to extreme drought conditions as declared/ratified on March 3, 2023, no longer
exists.
2. Resolution No. 2023-42 is hereby repealed in its entirety pursuant to Ordinance No. 2009-
13, as subsequently amended.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 131" day of June, 2023.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
0
Jeffrey
, Deputy Clerk
and legality:
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
In
Rick LoCastro, Chairman
[23-E MG-00498/ 1796109/ l 1
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COLLIER COUNTY FIRE & EMS CHIEFS' ASSOCIATION, INC.
June 5, 2023
Amy Patterson, County Manager
Office of the County Manager
3299 Tamiami Trail E, Building F, Suite 202
Naples FL 34112
Dear Ms. Patterson,
The Collier County Fire & EMS Chiefs Association in consultation with the Florida Forest Service,
has determined that current fire weather conditions within Collier County have improved
resulting in the recommendation to terminate the restriction on outdoor burning within Collier
County. The Fire Chiefs support the County Manager in the recommendation to the Board of
Collier County Commissioners to terminate the burn ban based on the improved fire weather
conditions.
I sincerely appreciate your efforts and the efforts of the Board of Collier County Commissioners
to enact measures to keep our communities safe from the threat of wildland fires
SincerelyAChris
Firene
President
Collier County Fire & EMS Chiefs Association
16.F.2.c
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