Agenda 07/25/2023 Item #16F 4 (To simplify and expedite the revocation of an existing burn ban))16. F.4
07/25/2023
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for a public hearing an
amendment to the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance" (Ord. 2009-23, as amended) in order to authorize the Chair or, in his or her absence, the Vice -
Chair to revoke an existing Burn Ban by Resolution, to be brought to the Board at its next regular meeting.
OBJECTIVE: To simplify and expedite the revocation of an existing burn ban.
CONSIDERATIONS: The "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance" (Burn Ban Ordinance) presently contemplates that in the interest of time, on recommendation of the
County Manager a burn ban can be implemented by a Resolution signed by the Chair, which is brought to the
Board at its next regular meeting. The revocation of a burn ban is accomplished by a Resolution of the full
Board. Staff is recommending that the revocation of the burn ban be done in like manner to its implementation.
The proposed changes are as follows:
(e) 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 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 the Director of the Bureau of Emergency Services and the 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 Chairman of the Board or the Vice -Chairman in his or her
absence, 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
Chairman of the Board or the Vice -Chairman in his or her absence may execute a Resolution imposing any
or all of the prohibitions as conditions warrant without Board action. In the absence of the Chairman and
Vice -Chairman; the next county commissioner in order of seniority, or if two or more were appointed on the
same date, then in alphabetical order among them may take action in accordance with this section. 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 Florida Forest Service has issued a permit or other authorization. The ban
shall take effect upon approval of the Resolution. The County Manager, at the next scheduled public meeting
of the Board, shall notify the Board of the Resolution, which shall remain in effect until repealed. The
ReseltAien shall remain in eff-eet until a like ReseltAien r-epealing the buming ban is adopted by the Board
and up adoption of dw Upon 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.
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16. F.4
07/25/2023
(f) Repeal of Burn Ban. When the County Manager makes a determination that there no longer 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 the same factors as were taken in consideration in imposing the burn ban. The repeal need not be
taken by Board action, but may be made by Resolution signed by the Chairman of the Board or the Vice -
Chairman in his or her absence. The County Manager, at the next scheduled public meeting of the Board, shall
notifv the Board of the Resolution renealine the burn ban.
Remainder of ordinance to be relettered.
FISCAL IMPACT: There is no current fiscal impact associated with this request. The estimated cost of
advertising the ordinance amendment is $600.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this request.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -JAK
RECOMMENDATION: To direct the County Attorney to advertise and bring back for a public hearing an
amendment to the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance" (Ord. 2009-23, as amended) in order to authorize the Chair or, in his or her absence, the Vice -Chair
to revoke an existing Burn Ban by Resolution, to be brought to the Board at its next regular meeting.
Prepared by: Dan Summers, Director, CEM, FPEM
ATTACHMENT(S)
1. Ordinance - Amendment to Burn Ban Ord. 09-23 - cao 5.25.23 (DOCX)
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16. F.4
07/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.4
Doc ID: 25781
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a public hearing
an amendment to the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance" (Ord. 2009-23, as amended) in order to authorize the Chair or, in his or her absence, the Vice -Chair to
revoke an existing Burn Ban by Resolution, to be brought to the Board at its next regular meeting.
Meeting Date: 07/25/2023
Prepared by:
Title: Executive Secretary — Emergency Management
Name: Kathy Heinrichsberg
06/12/2023 10:26 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc — Emergency Management
Name: Daniel Summers
06/12/2023 10:26 AM
Approved By:
Review:
Emergency Management
Daniel Summers
Director Review
Completed
06/12/2023 10:28 AM
County Attorney's Office
Jeffrey A. Klatzkow Level 2 Attorney Review
Completed
06/14/2023 10:53 AM
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Completed
06/14/2023 12:21 PM
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed
06/15/2023 12:27 PM
Office of Management and Budget
Agnieszka Chudy
Additional Reviewer
Completed
06/16/2023 9:52 AM
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Completed
07/05/2023 4:12 PM
Board of County Commissioners
Geoffrey Willig
Meeting Pending
07/25/2023 9:00 AM
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16.F.4.a
ORDINANCE NO. 23 -
AN ORDINANCE AMENDING ORDINANCE NO. 2009-23,
AS AMENDED, THE REGULATION OF OUTDOOR
BURNING AND INCENDIARY DEVICES DURING
DROUGHT CONDITIONS ORDINANCE, IN ORDER TO
AUTHORIZE THE CHAIR OR, IN HIS OR HER ABSENCE,
THE VICE -CHAIR TO TERMINATE AN EXISTING BURN
BAN BY RESOLUTION, TO BE BROUGHT TO THE BOARD
AT ITS NEXT REGULAR MEETING; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the "Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance" (Ordinance No. 2009-23, as amended) provides for a mechanism to
initiate and later repeal a burn ban throughout the unincorporated areas of Collier County; and
WHEREAS, the Board wishes to simplify and expedite the repeal of an existing ban burn
by recommendation of the County Manager and signature of a resolution terminating the ban
signed by the Chair or the Vice -Chair in his or her absence, rather than the current procedure of
revocation by resolution of the Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: The "Regulation of Outdoor Burning and Incendiary Devices during
Drought Conditions Ordinance" (Ordinance No. 2009-23, as amended) is hereby further
amended as follows:
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 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 KeetchByram Drought Index, or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
C. Consultation with the Director of the Bureau of Emergency Services and 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 Chairman of the Board or the Vice -Chairman
in his or her absence, 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 Chairman of the Board or the Vice -Chairman in his or her absence
may execute a Resolution imposing any or all of the prohibitions as conditions warrant without
Board action. In the absence of the Chairman and Vice -Chairman; the next county commissioner
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16.F.4.a
in order of seniority, or if two or more were appointed on the same date, then in alphabetical
order among them may take action in accordance with this section. 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 Florida Forest Service has issued a permit or other
authorization. The ban shall take effect upon approval of the Resolution. The County Manager,
at the next scheduled public meeting of the Board, shall notify the Board of the Resolution,
which shall remain in effect until repealed. The Resolution shag, r-emain in e (feet until .. 1 o
Resolution repealing the buming ban is adopted by the Board and upon Upon
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: Repeal of Burn Ban. When the County Manager makes a determination that there
no longer 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 the same factors as were
taken in consideration in imposing the burn ban. The repeal need not be taken by Board action,
but may be made by Resolution signed by the Chairman of the Board or the Vice -Chairman in
his or her absence. The County Manager, at the next scheduled public meeting of the Board,
shall notify the Board of the Resolution terminating the burn ban.
SECTION TWO: Remainder of Ordinance Renumbered
The remaining sections of Ordinance No. 2009-23, as amended, are hereby sequentially
renumbered.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
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 re -
lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: 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 the 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 FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 12023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Rick LoCastro, Chairman
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Approved as to form and legality:
c
Jeffrey A. Klatzkow, County Attorney r
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