Agenda 08/22/2023 Item #17A (Adopt an amendment to the Regualtion of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance)08/22/2023
EXECUTIVE SUMMARY
Recommendation to adopt 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.
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 Ordina nce) 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.
On July 25, 2023, the Board of County Commissioners directed the County Attorney to advertise and br ing back
for public hearing the following amendments to Ordinance No. 2009-23:
(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 an y 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 for ecasts.
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 beari ng 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 prohibi ted, 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 nex t scheduled public meeting
of the Board, shall notify the Board of the Resolution , which shall remain in effect until repealed . The
Resolution shall remain in effect until a like Resolution repealing the burning ban is adopted by the Board
and upon adoption of the 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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(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
notify the Board of the Resolution repealing the burn ban.
Remainder of ordinance to be relettered.
FISCAL IMPACT: There is no current fiscal impact associated with this request. The cost of advertising the
ordinance amendment was $507.50.
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: That the Board of County Commissioners approve and authorize the Chairman to sign
the attached amendment to the "Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance" (Ord. 2009 -23, as amended).
Prepared by: Dan Summers, Director, CEM, FPEM
ATTACHMENT(S)
1. Ordinance - Amendment to Burn Ban Ord. 09-23 - JAK final (PDF)
2. legal ad - amendment to Burn Ban Ord. 09-23 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 26262
Item Summary: Recommendation to adopt 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.
Meeting Date: 08/22/2023
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
08/02/2023 1:19 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
08/02/2023 1:19 PM
Approved By:
Review:
Emergency Management Daniel Summers Director Review Completed 08/02/2023 1:50 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/02/2023 2:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/02/2023 2:17 PM
Office of Management and Budget Agnieszka Chudy Additional Reviewer Completed 08/02/2023 3:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/16/2023 2:28 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM
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17.A.a
Packet Pg. 1099 Attachment: Ordinance - Amendment to Burn Ban Ord. 09-23 - JAK final (26262 : Burning Ban Ordinance Amendment)
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Packet Pg. 1100 Attachment: Ordinance - Amendment to Burn Ban Ord. 09-23 - JAK final (26262 : Burning Ban Ordinance Amendment)
17.A.a
Packet Pg. 1101 Attachment: Ordinance - Amendment to Burn Ban Ord. 09-23 - JAK final (26262 : Burning Ban Ordinance Amendment)
17.A.b
Packet Pg. 1102 Attachment: legal ad - amendment to Burn Ban Ord. 09-23 (26262 : Burning Ban Ordinance Amendment)