Ordinance 99-47 .~ :.,.,/, ORDINANCE NO. 99- 47
EMEnGENcY ORDINANCE, ArtENDING COLLnm
~ ~.~ COUN~ O~INANCE NO. 98-74, AS ~ENDED, THE
~ 'c;:YCODE; ~ENDING SECTION TWO B(3), PE~ITS ~D
APPROVES ~D SECTION TWO D(I), OPEN OUTDOOR
FI~S, INCINE~TORS, OUTDOOR FI~PLACES, BY
PROSC~BING C~PFI~S ~D OTHER DEFINED FI~S ~D
THE SALE ~D USE OF FI~WO~S FOR M DAYS
COMMENCING WITH THE DECLA~TION OF A STATE
DROUGHT EMERGENCY; PROVIDING FOR ~ EXTENSION
BEYOND 30 DAYS BY ~SOLUTION; PROVIDING FOR
DECL~TION OF ~ EMERGENCY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND O~IN~~;
PROVIDING FOR CONFLICT ~D SEVE~ILITY; ~
PROVIDING AN EFFECTIVE DATE. :]~
~E~AS, on April 12, 1999 ~d April 19, 1999 Governor Jeb Bush act~ec~ve
Orders 99-88 ad 99-96 decl~ng ~at a state of emergency exists ~oughout the Stat~l~a
because of extended drought ad resulting potential for wildfires; ad
WHEREAS, on April 27, 1999, the Board of County Commissioners adopted Ordinance
No. 99-29, an emergency Ordinance amending County Ordinance No. 98-74, The Collier County
Fire Prevention and Protection Code; and
WHEREAS, on June 7, 1999 the Governor enacted Executive Order 99-119, extending the
state of emergency for sixty (60) days; and
WHEREAS, it has become apparent that the primary reason for the extension is to
continue the deployment of firefighting resources statewide and to facilitate the acquisition of
Federal aid; and
WHEREAS, due to the onset of seasonal rains, the drought conditions in Collier County
have abated; and
WHEREAS, local fire officials have recommended a lifting of the ban on burning and
fireworks; and
WHEREAS, the Board of County Commissioners wishes to exclude sparklers ~'om any
future prohibition; and
WHEREAS, the Board of County Commissioners has determined that the best method to
help protect human and animal life and to avert the serious destruction of property that could
result from a wildfire during a period of drought emergency, and to preserve an option as local
Words underlined are added; Words S~-'-:k ~72:.reugh are deleted.
drought conditions warrant, is by declaring an emergency and amending Collier County
Ordinance No. 98-74, as Amended, the Collier County Fire Prevention and Protection Code.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION TWO(B)(3) OF COLLIER COUNTY
ORDINANCE NO. 98-74, AS AMENDED.
SECTION TWO(B)(3) of Collier County Ordinance No. 98-74, as amended, is hereby
amended as follows:
(3) PERMITS AND APPROVALS
i) Amend Subsection 1-15.16(c) to read as follows:
1-15.16(c) Bonfires and Outdoor Rubbish Fires. Kindling or
maintaining any open fire or a fire in any public street, alley, road, or other public or
private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires
and small recreational fires not intended for vegetation or rubbish disposal, when
conducted safely and on the property of the subject, are exempt and do not require a
permit.
(ii) Notwithstanding the above provisions, for thirty (30} days
commencing with the declaration a,,.4_,, ,u~ a .... *: ~'" of a state of emergency ~ by
the Governor of the State of Florida, because of extended drought and the resulting
potential for wildfires, which includes all or part of Collier County, there shall become
effective a prohibition against kindling, creating or maintaining any campfire, bonfire,
open or barrel burning of trash, discarding of lighted cigareRe burs outdoors, smoking in
County parks, and the sale or use of fireworks. ma4-st~4~-s. The use of open barbecues
or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any
forest, grasslands, woods, wildlands or marsh area within Collier County. The
prohibitions expressly provided herein may be extended by resolution duly adopted by the
Board.
SECTION TWO: AMENDMENT TO SECTION TWO(D)(1) OF COLLIER
COUNTY ORDINANCE NO. 98-74, AS AMENDED.
Section Two (D)(1) of Collier County Ordinance No. 98-74, ~ mended, is hereby
amended as follows:
Words underlined are added; Words ~'-"~' ~ ..... h are deleted.
(1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES.
(i) Amend Subsection 3-4.1 to read as follows:
3-4.1 See Section 1 - 15 for permit required.
Exception: Cooking fires and small recreational fires not intended for vegetation or
rubbish disposal when conducted safely and on the property of the subject.
(ii) Amend Subsection 3-4.7 to read as follows:
3-4.7 No gas-fired or charcoal-fired cooking grills shall be kindled
or maintained on balconies or within 10 ft. (3.1 m) of buildings, LP gas cylinders in excess
of 2 V2 lbs. water weight shall not be stored within 10 ft. (3.1 m) of a residential building.
Exception 1: Detached One and Two Family dwellings.
Exception 2: Permanent gas-fired or electric grills with proper ventilation
hoods/facilities installed per the manufacturer's instructions.
(iii) Notwithstanding the above provisions, for thirty (30) days
commencing with the declaration a..'_'.~ng tF.e ~v.r:tic.~ of a state of emergency dostm~ by
the Govemor of the State of Florida, because of extended drought and the resulting
potential for wildfires, which includes all or part of Collier County, there shall become
effective a prohibition against kindling, creating or maintaining any campfire, bonfire,
open or barrel burning of trash, discarding of lighted cigareRe burs outdoors, smoking in
County parks, and the sale or use of ~reworks.-aaa-s,pa~-l~ The use of open barbecues
or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any
forest, grasslands, woods, wildlands or marsh area within Collier 'County. The
prohibitions expressly provided herein may be extended by resolution duly adopted by the.
Board.
SECTION THREE: DECLARATION OF EMERGENCY
This Board does hereby declare than an emergency exists and that immediate enactment of
this Ordinance is necessary, and by no less than four-fifths (4/5 ths) vote of the membership of
this Board does hereby waive notice of intent to consider this Ordinance.
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Words underlined are added; Words £~.::k T2:.:eugh are deleted.
SECTION FOUR: 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
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: 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 SIX: EFFECTIVE DATE
A certified copy of this Ordinance, as enacted, shall be filed with the Department of State
by the Clerk of the Board of County Commissioners as soon after enactment by said Board as is
practicable by depositing the same with the postal authorities of the Government of the United
States for special delivery by certified mail to the Department of State.
This Ordinance shall become effective when a copy has been accepted by the postal
authorities of the Government of the United States as set forth in Section 125.66(3), Florida
Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thiS~lt~_day of~l~t___, 1999.
ATTEST:
· .",Appi-qved as to !'0~' and '. This ordinance filed with
--- : .-legal ~suf~i:ienc;y..": 5,' ,' ..,, Se r taw of State's Office the
~ay ofCZl, u-,t/
j,L4 and acknowledgement of that
fill received this ~7~e-'' day
' Robert N. Lfachary of ~ ,
Assistant County Attorney By..
h:Robt/Emergency Ord/Emerg. Ord#3
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Words underlined are added; Words Str-'-ck T!',,rc. ugh are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-47
Which was adopted by the Board of County Commissioners on the
22nd day of June, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of June,
1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
~rs
By: Lisa Steele,
Deputy Clerk