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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. Packet Pg. 779 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) Packet Pg. 780 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 Packet Pg. 781 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 [22-EMG-00484/1794429/1] Words stf:uek dffsegh are deleted, words underlined are added Packet Pg. 782 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 [22-EMG-00484/1794429/1] Words stf:uek dffsogh are deleted, words underlined are added Packet Pg. 783 16.F.4.a Approved as to form and legality: c Jeffrey A. Klatzkow, County Attorney r ; R N R C l6 C 7 O U n c R 00 rn c L m O C d E Cd C Q d C E L 0 00 n N N O Q [22-EMG-00484/1794429/1] Words stf:uek dffsogh are deleted, words underlined are added Packet Pg. 784