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Agenda 02/26/2013 Item #17F2/26/2013 17.F. EXECUTIVE SUMMARY Recommendation to adopt an amendment to Ordinance No. 2009 -23, "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance," in order to allow the Chairman of the Board of County Commissioners to declare a burning ban on behalf of the Board in absentia and also clarify certain provisions of the Ordinance. OBJECTIVE: To incorporate changes to Ordinance No. 2009 -23, Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance proposed by staff and local fire officials as authorized by the Board of County Commissioners (Board) on February 28, 2012. CONSIDERATIONS: On February 28, 2012, Item No. 16F1, the Board authorized the preparation of an amendment to the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance. (Referred to as the Burning Ban) This request was made by the Department of Emergency Management in cooperation with local Fire Chief's, Collier County Fire Chief's Association, Florida Forest Service, Collier County Code Enforcement, Cooperative Extension and the Collier County Sheriff's Department. On February 12, 2013, Agenda Item No. 16E4, the Board authorized staff to advertise the amendment that staff presented. As background, the amendment is necessary due to the time it takes to implement a Burning Ban whereby the fire conditions do not warrant an emergency meeting of the Board, nor state of emergency declaration. However, due to rapidly changing fire conditions from day to day, it is prudent and reasonable to have the capability to rapidly institute a burning ban to help mitigate the outbreak of additional fires while a campaign fire operation is potentially straining local resources in the urban and rural areas of Collier County. The ability to institute a burning ban helps to keep the public aware of wildfire concerns which staff believes will help mitigate additional wildfire outbreak. Staff and responder's had some additional concern with respect to fireworks and incendiary devices; their sale and discharge, during drought conditions as both the Collier County Sherriff s Office and Collier County's Code Enforcement Division share certain challenges in their respective enforcement processes. The Sheriffs Office and Code Enforcement have met and addressed those concerns and processes and advised staff they are in agreement with the proposed changes and clarifications in this revised ordinance. To the extent possible, Collier County is utilizing similar processes in the implementation of a burning ban as those used in Charlotte, Lee and Hendry County. The Florida Forest Service, who works closely with Collier County Emergency Management, and local fire agencies reviewed our proposed ordinance change and supports our amendments to have the ability to quickly implement the Burning Ban. This ordinance does not conflict with the Florida Statute 590 for forest and wildfire protection. The Sheriff's Office, rural dependent and independent fire districts, Florida Forest Service, Emergency Management and Cooperative Extension, are aware of certain agricultural burning authorizations that are exempt from the local burning ban ordinance by state regulation. This ordinance will not supersede any permissible activity authorized by state law or regulation such as those agricultural burning authorizations under the jurisdiction of the Florida Department of Agriculture, or the Florida Division of Environmental Protection or prescribed burns on State or Federal lands. Assuming the affirmative approval of this ordinance, the Burning Ban when needed due to emerging wildfire conditions will be brought to the Chairman for signature by the County Manager and the Department of Emergency Management upon request and agreement by the Florida Forest Service and a designee from the Collier County Fire Chief s Association. These aforementioned agencies will present Packet Page -2236- 2/26/2013 17.F. this Burning Ban for implementation in abstentia to be signed by the Chairman after considering certain environmental conditions such as the current drought conditions as a measure of wildfire volatility, short, mid and long range weather forecast and reasonable threat assessments by fire, forestry and emergency management staff. The County Manager at the next scheduled public meeting of the Board will notify the Board of the resolution. If wildfire, drought, or other environmental conditions improve overall, countywide, emergency management staff will bring to the Board a recommendation to terminate the Burning Ban immediately and make the necessary public notice and public safety announcement. Should a regular or emergency meeting of the Board be convened while the Burning Ban is in effect, nearing termination or emerging due to increased hazardous fire conditions, the County Manager or designee will advise the Board during their meeting which would allow the Board to be aware of the current fire conditions and the status of the Burning Ban. Staff is also recommending that the requirement to publish an advertisement notifying the public of the burning ban and /or fireworks ban be removed. Staff will continue to provide notice by electronic media which is just as effective as publication and more cost effective. FISCAL IMPACT: Funds in the amount of $259.38, for the cost of advertising, are available in General Fund (001), Cost Center 144396. LEGAL CONSIDERATIONS: —This item is legally sufficient and requires a majority vote for Board action. - JBW GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board adopts an amendment to the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance for future Board consideration. PREPARED BY: Dan E. Summers, Director of Bureau of Emergency Services. Packet Page -2237- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.F. 2/26/2013 17.F. Item Summary: Recommendation to adopt an amendment to Ordinance No. 2009 -23, "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance," in order to allow the Chairman of the Board of County Commissioners to declare a burning ban on behalf of the Board in absentia and also clarify certain provisions of the Ordinance. Meeting Date: 2/26/2013 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 2/8/2013 1:44:54 PM Submitted by Title: Director - Bureau of Emergency Services, Name: SummersDan 2/8/2013 1:44:55 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 2/12/2013 11:35:26 AM Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 2/13/2013 10:55:39 AM Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 2/14/2013 1:32:55 PM Name: PriceLen Title: Administrator, Administrative Services Date: 2/14/2013 2:06:23 PM Packet Page -2238- Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 2/14/2013 3:50:30 PM Name: KlatzkowJeff Title: County Attorney Date: 2/14/2013 4:10:06 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 2/15/2013 8:51:17 AM Name: OchsLeo Title: County Manager Date: 2/15/2013 11:47:48 AM Packet Page -2239- 2/26/2013 17.F. 2/26/2013 17.F. � � N gORDINANCE NO. 2009 - 23 ow ;;. � ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A s8<95�£ZEMERGENCY REGULATION OF OUTDOOR PROVIDING FOR THE 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. 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 OFr- COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title. This Ordinance shall be known as the "Regulation of Outdoor Burning and icend'iary Devices during Drought Conditions Ordinance." - Paee 1 of 6 Packet Page -2240- 2/26/2013 17.F. 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 Keetch/Byram Drought Index, or any similar such index. B. Discussions and consultation with the Division of State Forestry. Paee 2 of 6 Packet Page -2241- 2/26/2013 17. F. 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 Pagel of h Packet Page -2242- 2/26/2013 17.F. unincorporated areas of Collier County, unless otherwise provided herein. In addition, the .m 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 Pave 4 of fi Packet Page -2243- 2/26/2013 17. F. (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 S of h Packet Page -2244- 2/26/2013 17.F. 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 day of , 2009. ATTEST: DWI(314T�E BROCIC,L.Clerk B Approved as to form and leg4l sufficiency: J ttorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B Y 1 + DONNA FIALA, Chairman Paee 6 of 6 Packet Page -2245- is ordinance filed with ttie r dry of 's O�'�e, t,�e of and`�acknowl *hot fill day o CAr.ov 2/26/2013 17. F. 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 2009 -23 Which was adopted by the Board of County Commissioners on the 12th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier'County, Florida, this 12th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commiasioners Q�.�Teresa Polaski, Deputy Clerk Packet Page -2246- 2/26/2013 17. F. ORDINANCE NO. 2013 - 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 County Fire Chiefs' Association, Collier County Sheriff's Department, Cooperative Extension Agent, and Emergency Management have jointly identified a need to have a burning ban become effective immediately when certain environmental conditions are met; an d WHEREAS, the Board desires to amend a amend Ordinance No. 2009 -23 accordingly by authorizing the Chairman, under certain identified conditions, to implement such emergency 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. Underlined text is added; Stmak dwough text is deleted n - -- i _rc Packet Page -2247- 2/26/2013 1 7. F. 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 Rropegy 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 yard maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings grass 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. Underlined text is added; Stmsk thma text is deleted PsuP I of F, Packet Page -2248- 2/26/2013 17.F. 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 impese 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. After- --eeei ing the -eeem mendatie and - - discharge- ef fir-ewer -ks, agder-s endiai-, devices 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 Underlined text is added; StFuek - thfeaglt text is deleted Page 3 of b Packet Page -2249- 2/26/2013 17.F. 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 Bead County Manager shall notify the public by newspaper, radio, aver 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 Underlined text is added; Stmsk dwea text is deleted Page 4 of 6 Packet Page -2250- 2/26/2013 17. F. 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. Underlined text is added; Stmsk thFou } text is deleted -- -- a _ri Packet Page -2251- 2/26/2013 17.F. 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 , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approvtill: tform® le al su Jeffrey County Underlined text is added; StFask thFaugh text is deleted PaaP f, of f, Packet Page -2252- 2/26/2013 17.F. I 30D)) Wednesday, February 13, 2013 )) N A P L E S DA I LY NEWS NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 26, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER 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 ABSENTIA; AND 3) CLARIFY REMAINING PROVISIONS OF THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of 9 the proceedings is made, which record includes the testimony and. evidence upon which the-appeal Is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, .located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK . By: Teresa Cannon, Deputy Clerk (SEAL) FehruarV 112013. No 1978798 Packet Page -2253-