Ordinance 2013-22ORDINANCE NO. 2013 - 22
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009 -23,
THE REGULATION OF OUTDOOR BURNING AND INCENDIARY
DEVICES DURING DROUGHT CONDITIONS ORDINANCE, SO AS TO:
1) ADD DEFINITIONS; 2) AUTHORIZE THE CHAIRMAN, UNDER
CERTAIN IDENTIFIED CONDITIONS, TO IMPLEMENT SUCH
EMERGENCY REGULATIONS ON BEHALF OF THE BOARD IN
ABSTENIA; AND 3) CLARIFY REMAINING PROVISIONS OF THE
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009 -23, Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, provides a mechanism by which the
Board of County Commissioners (Board) may implement an immediate ban of outdoor burning
and outdoor ignition sources during extreme drought conditions; and
WHEREAS, pursuant to Ordinance No. 2009 -23, the Board, at a public meeting, may
adopt a Resolution imposing appropriate restrictions or prohibitions on burning and discharge of
fireworks, sparklers and other incendiary devices as set forth in the Ordinance; and
WHEREAS, representatives from the Florida Forest Service, Collier CountVxe diefs'
Association, Collier County Sheriff's Department, Cooperative Extension Agent, anq,.>fnetncy
Management have jointly identified a need to have a burning ban become effective edihtelyV
when certain environmental conditions are met; and -o
WHEREAS, the Board desires to amend a amend Ordinance No. 2009 -23 accgl":by
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authorizing the Chairman, under certain identified conditions, to implement such em ogretv@y
regulations on behalf of the Board in abstenia; and
WHEREAS, the Board further desires to add definitions and clarify the remaining
provisions of Ordinance No. 2009 -23 as set forth below.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009 -23.
Section One is hereby amended as follows:
SECTION ONE: Title and Definitions.
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A. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary
Devices during Drought Conditions Ordinance ".
B. Definitions:
1. "Fireworks" means and includes any combustible or explosive composition or
substance or combination of substances as defined in Section 791.01, Florida
Statutes. "Fireworks" does not include sparklers approved by the Division of the
State Fire Marshal of the Department of Financial Services.
2. "Open Burning" means any outdoor fire or open combustion of material that
produces visible emissions.
3. "Trash" means any discarded material.
4. "Yard Trash" means vegetative matter resulting from landscaping and yard
maintenance operations and other such routine property cleanup activities. The
term includes materials such as leaves, shrub trimmings grass clippings, brush,
and palm fronds. It does not include household garbage.
5. "Yard Waste" means vegetative matter resulting_ from landscaping and ward
maintenance operations and other such routine property clean-up activities. It
includes materials such as leaves, shrub trimmings, rag ss clippings, palm fronds,
and brush. It does not include land clearing debris or tree cutting debris.
SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2009-23.
Section Five is hereby 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 fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
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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 impose 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 division 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 f the
Board, shall notify the Board 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 THREE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2009-23.
Section Six is hereby amended as follows:
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
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unincorporated areas of Collier County, unless otherwise provided herein as an exception. 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 FOUR: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2009 -23.
Section Seven is hereby amended as follows:
SECTION SEVEN: Publication.
Within a reasonable time after adopting such Resolution, the Board County Manager
shall eause to be published in a newspaper- of general eir-etilatien a quafter- page advel4isefRent,
buming and fireworks ban or- r-epealing sueh ban. The Getinty Manager- will alse
notify the public by newspaper-; radio, andfe television, and electronic media of the applicability
of this Ordinance and any subsequent implementing Resolutions.
SECTION FIVE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2009-23.
Section Eight is hereby amended as follows:
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
(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
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generated by outdoor cooking. All outdoor cooking areas shall be free of burnable
materials within an area having a circumference which extends not less than three (3) feet
beyond the nearest edge of the fire.
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 SIX: AMENDMENT TO SECTION NINE OF ORDINANCE NO. 2009-23.
Section Nine is hereby amended as follows:
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 safely destroy and appropriately document if seizure is deemed
impractical or inappropriate 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 SEVEN: 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
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: 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.
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SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ?day of ��ary a , 2013.
ATTEST:
DWIGHT- KiiBd�OCI4r Clerk
PPw , 4;
Jeffrey
County
Clerk
arm and
CeT
i
OF COUNTY COMMISSIONERS
-IVR COUNTY, FLORIDA
XXA. HILLER, ESQ.
WOMAN
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This ordinonce filed with the
toy of tat f 71 tfie,,,
and ocknowledgemen trot
fill ved is ay
of
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e
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 and correct
copy of:
ORDINANCE 2013 -22
which was adopted by the Board of County Commissioners
on the 26th day of February, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 6th
day of March, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk'
Ex- officio to Boaj,t 'f
County CommissiXca�rs
r
By: Ann Jenne] o`Y, r ;'
Deputy Clerk