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Ordinance 2009-23 g-z.02.122.aJ~~ g,~ ... 'V l" \\~~ ~\ ~ ~'J ~ ~ ; ~~.~ ~ ~ ~ ~ ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A O~6e "ATE OF LOCAL EMERGENCY; PROVIDING FOR THE . ~9917~1, EMERGENCY REGULATION OF OUTDOOR BURNING AND USE OF INCENDIARY DEVICES DURING CONDITIONS OF EXTREME DROUGHT; PROVIDING FOR IMPLEMENTION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2009 - 23 WHEREAS, Section 125.66(3), Florida Statutes, authorizes Collier County to use an emergency enactment procedure for the adoption of an Emergency Ordinance in the event an emergency exists that warrants the immediate enactment of said Emergency Ordinance; and WHEREAS, as a result of an 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 preserve real and personal property, it is necessary to implement an immediate ban of outdoor burning and outdoor ignition sources; and WHEREAS, because Collier County is likely to experience extreme drought conditions in the future, and since the changing nature of these conditions during periods of drought requires flexibility and the ability to take prompt action, the Board of County Commissioners wishes to implement this Ordinance through a resolution process. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OFj-COUNTY ....,.., \.<L_' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~~ (-~ . SECTION ONE: Title. .'~J ,,' This Ordinance shall be known as the "Regulation of Outdoor Burning and~cendkt.ry Devices during Drought Conditions Ordinance." Page 1 of6 SECTION TWO: Declaration of Local Emergency. The Collier County Board of County Commissioners ("Board"), convened in regular session, hereby declares and ordains that a local emergency exists within Collier County, Florida, requiring immediate measures to protect the public health, safety and welfare, and to protect real and personal property in Collier County. This Ordinance is adopted after public hearing pursuant to, and in accordance with Section 125.66(3), Florida Statutes. SECTION THREE: Purpose and Intent. The purpose of this Ordinance is to limit fire hazards in Collier County on an emergency basis during periods and conditions of extreme drought by regulating the use of outdoor ignition sources in order to protect the public health, welfare and safety and to reduce the risk of loss and damage to real and personal property. This Ordinance shall be applicable upon the Board declaring a state of local emergency by subsequent resolution as set forth below. This Ordinance shall be suspended at all times when the Board has not declared by resolution that a state of local emergency exists. This Ordinance is further adopted to effectuate a mechanism whereby the Board can act relatively quickly to rapidly changing drought conditions. SECTION FOUR: Jurisdiction and Enforcement. The areas subject to this Ordinance shall be all the unincorporated areas of Collier County, Florida. The sheriff and any other law enforcement officers as defined by general law with jurisdiction in the County, and designated Collier County code enforcement officers, shall have the authority to enforce the terms and provisions of this Ordinance and any approved County Resolution implementing this Ordinance. 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 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 KeetchIByram Drought Index, or any similar such index. B. Discussions and consultation with the Division of State Forestry. Page 2 of6 C. Consultation with 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 Board, 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 Board may impose any or all of the prohibitions as conditions warrant. 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 division of forestry has issued a permit. After receiving the recommendation from the County Manager at a public meeting and considering all of the evidence before it, the Board may adopt a Resolution imposing appropriate restrictions or prohibitions on open burning and discharge of fireworks, sparklers or incendiary devices. The ban shall take effect upon approval of the Resolution. The 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. 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: Prohibition. The Resolution imposing the ban on open burning or discharge of fireworks may prohibit any or all of the following, depending on the recommendation of the County Manager and the severity of the drought conditions. A Resolution may make it unlawful for any person to set fire or cause fire to be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban or rural area including those associated with agriculture, pile burning, or the building of campfires, bonfires, the burning of yard trash, household garbage, refuse, or other debris in the Page 3 of6 unincorporated areas of Collier County, unless otherwise provided herein. In addition, the Resolution may prohibit any person or entity from discharging, causing to be discharged, or the sale of any fireworks or incendiary devices that may cause or have a tendency to cause wildfires as defined in Section 590.015, Florida Statutes. Further, the Resolution may prohibit the holding of any event including, but not limited to, events involving motorcycles, automobiles, or any other vehicles or equipment that may cause hot exhaust gases or high temperatures that may be generated by catalytic converters or other devices on such vehicles in an open or uncontrolled area that is susceptible to wild fires. Bans on the sale of fireworks shall only be done in the most exigent of circumstances and when drought conditions are so severe as to constitute an actual emergency. SECTION SEVEN: Publication. Within a reasonable time after adopting such Resolution, the Board shall cause to be published in a newspaper of general circulation a quarter page advertisement, not to be placed in the section reserved for legal advertisements, a summary of the Resolution imposing a burning and fireworks ban or repealing such ban. The County Manager will also notify the public by newspaper, radio, and/or television of the applicability of this Ordinance and any subsequent implementing Resolutions. SECTION EIGHT: Exceptions. 1. Nothing contained herein or in any implementing Resolution shall be construed to: (a) prohibit lawful activities involving incendiary devices, fire, or flame in controlled industrial or commercial processes for which permits have been issued, or if no permit is issued, take place in a controlled industrial or commercial environment and are part of the manufacturing or some type of assembly process such as to make it unlikely that such incendiary flame or heat generating device will cause any type of wild fire or be a danger outside of the premises where the procedure or process is being used; or Page 4 of6 _, _....--..__-..-"o?...._._..._.."'''_~.._,...._~"..",..__._"..~_,~,_~ (b) prohibit residential outdoor cooking provided the same is done on a suitable piece of equipment designed to contain the fire, flame, and heat generated thereby. Further, outdoor cooking may also be done in any public or private place where there are facilities designed for outdoor cooking which would contain the heat, flames, or fire otherwise generated by outdoor cooking. 2. The provisions of this Ordinance or in any implementing Resolution shall not apply to any duly existing or constituted fire department, fire district, or volunteer fire department conducting training exercises involving open fire or flame solely for training purposes under controlled conditions. SECTION NINE: Violations and Penalties. Any violation by any person of any requirement or provision of this Ordinance or any approved County Resolution implementing this Ordinance shall be considered a Civil Infraction and may be prosecuted in the same manner as described in Ord. No. 2007-44, the Collier County Consolidated Code Enforcement Ordinance, as amended, with such penalties as set forth therein. Any law enforcement officer issuing a Notice to Appear or making an arrest pursuant to a violation of this Ordinance or any approved County Resolution implementing this Ordinance shall seize, or appropriately document if seizure is deemed impractical by the investigating officer(s), any incendiary device or ignition source being used in such violation for the purpose of preserving evidence of the violation. Each day any violation subject to the provisions of this Ordinance or any approved County Resolution implementing this Ordinance shall be considered a separate violation subjecting the violator to the fines and/or imprisonment specified herein. SECTION TEN: 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Page 5 of6 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. 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 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall become effective when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this t '.::..\-~ day of~~ ,2009. \ ATTES.T:' . ...... ,..t;' DWIGaT~E: BROck.;\Clerk ~~.~ .. '. ......... B:'., '~'. . .tt~irt.. I", .,.J)~t"-.Clerk. '1~~t:.:;~ Approved as to form and leg sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ILJ d4~ DONNA FIALA, Chairman . latzkow ttorney 'YJ.ds 'Jt'dil1onc..;t' fjled with the 'sO~ that day oc.. Page 6 of6 STATE OF FLORIDA) COUNTY OF COLLIER) II DWIGHT E. BROCKI Clerk of Courts in and for the Twentieth Judicial Circuit, Collier CountYI Floridal do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-23 Which was adopted by the Board of County Commissioners on the 12th day of May, 20091 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier CountYI Floridal this 12th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board County CommiGsi~ne::cs " j>iI).., Cle:rk of ~~ Polaskil Clerk