Ordinance 2023-38 ORDINANCE NO. 23 - 3 8
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 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 fire chiefs in the
County.
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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 Resolution shall remain in effect until a like
Resolution rep aling the burning b 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 Boards
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.
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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 22"d day of August, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
August 24, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-38, which was filed in this office on August 23,
2023.
If you have any questions or need further assistance,please contact me at(850)245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270