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Backup Documents 05/12/2009 Item #10A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOA ;"1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOlwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-12-09 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400 Contact Agenda Date Item was 5-12-09 Agenda Item Number lOA Aooroved bv the BCC Type of Document Ordinance -Zooq, -Z~ Number of Original One each Attached Resolution 2ooq, - \"2- 4. Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes a ro riate. (Initial) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 5-12-09 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04-COA-Ol081/464 -- .-.---.-..-...-------.-.----.. -----.-".-.-- lOA; %1' RESOLUTION NO. 2009-124 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR BURNING BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER COUNTY ORDINANCE NO. 2009-23. WHEREAS, as a result of 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 protect real and personal property, it is necessary to implement an immediate ban of outdoor burning and outdoor ignition sources in accordance with the Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance" enacted by the Board of County Commissioners on May 12, 2009; and WHEREAS, the following conditions are hereby found to exist: A. The Keetch/Byram Drought Index as reported by the Florida Division of Forestry on our about May 10, 2009, for Collier County exceeds an index value of 700 (seven hundred) on a scale of (0) (zero) to 750 (seven hundred and fifty). B. Collier County is one ofthe driest counties in the State at the present time. C. Precipitation and rainfall deficits for southwest Florida indicate a 30%, thirty percent, or greater decrease in average rainfall from January of 2009 until the present. D. Local dependent and independent Fire Districts, State and Federal Agencies have responded to numerous wildfire events that have frequently threatened homes, schools, business, parks and roadways. E. Wildfires have on occasion generated periodic evacuations and impacted commerce and travel by forcing roads to be closed for suppression or smoke management concerns. F. Local Fire Chiefs, the Division of Forestry and the Director of Emergency Services and Emergency Management concur that a burning ban would be prudent under the current meteorological conditions, and WHEREAS, the Board wishes to implement all prohibitions listed in the Ordinance including open burning and the discharge of fireworks, sparklers and incendiary devices. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly permitted by the Collier County Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, that all outdoor open burning, and Page 1 of2 .".,~_..._,~_._._-.._,~"'".._, ~- ""lllI -'--'--_..~--"-'-'--------'~--" .~><,~ IDA ,. outdoor ignition sources including fireworks, sparklers, incendiary devices (including but not limited to campfires, bonfires, trash burning, disposal of lit cigarettes or cigarette butts) are hereby prohibited until further notice. BE IT FURTHER RESOLVED that this Resolution shall become effective when a copy of the Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance 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. THIS RESOLJ..1TIO~ ADOPTED after motion, second, and majority vote favoring same, this 12th day of May, 2009.' I . fJlt)!J ;,)' .~" BOARD OF COUNTY COMMISSIONERS ATTEST:\' / (>. " . .": . ' .'1. - . .",' DWIG~T E:.~~OCl5, ~fk ' COLLIER COUNTY, FLORIDA ~~c By ~~.J~ , . '. 'I ... " ",,,VJ' , Deputy Clerk DONN FIALA, ChaIrman .t~~ .'" ',sl' ',i,J' Approved as'to form' and gal sufficieiIcy: +-- Page 2 of2 "'""O_~~________'~___ ~~.. -.~~~.~~-_.~..~,..-- _.~~,,~._-~-,.,.~"~~.. .." ..._--~--_.__._----_._--- (0 A-. lOA - U)ut+ v~.poI~ ORDINANCE NO. 2009- - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY; PROVIDING FOR THE EMERGENCY REGULATION OF OUTDOOR BURNING AND USE OF INCENDIARY DEVICES DURING CONDITIONS OF EXTREME DROUGHT; PROVIDING FOR IMPLEMENTION OF TillS 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 OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance". Page 1 of6 lOA-'a\ 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, arid 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. Page 2 of 6 ---_._-~."-". ' ""'.- "'--"'-~.".__.,., -,_._"-~,._..,..........,,~ """""~..,.,,.". '. 10A~U. 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 ..,".~""",..,,,...,_..,.-~...," ~.~,- '117,' T -,-,,,,-"~,,,.,,..~- ,...",'_....__.."'~'". 10A~~ 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 defmed 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 ---,--_._-,-_..._~_.~_.."~.,.~,--, -""I1'C"l -0\_ "'...._"'"--_. <~-".--".,~,,---~.~ .._,,',. ,.,- "'-',." r-",,_~~~"__'_"_""'_"_ IDA -GJK , (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 Enforce~ent 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 .w.,_..".__.....,_.._..._ . - ,..-'.._<<^*~._.~,"-~..- ..~ '_M__ ._, .'+._m ""_'__"'___'_'~m>._"'_M _~ _ ".,,_.,'._ lOA-CK , 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 6 of6 ,"~",~,---"_.~--"..._"-,,.,._"_.,.,,_._-,, '"""----- If_'_-_""~^""_'____ ",..-,., '- - --. .~."~,,.,_. -'"--."~~"~.,._..."---~ 10A--~ RESOLUTION NO.2009- - . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR BURNING BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER COUNTY ORDINANCE NO. 2009- WHEREAS, as a result of 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 protect real and personal property, it is necessary to implement an immediate ban of outdoor burning and outdoor ignition sources in accordance with the Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance" enacted by the Board of County Commissioners on May 12, 2009; and WHEREAS, the following conditions are hereby found to exist: A. The Keetch/Byram Drought Index as reported by the Florida Division of Forestry on our about May 10th. 2009 for Collier County exceeds an index value of 700 -seven hundred on a scale of (0), zero, to 750, seven hundred and fifty. B. Collier County is one of the driest counties in the State at the present time. C. Precipitation and rainfall deficits for southwest Florida indicate a 30%, thirty percent or greater decrease in average rainfall from January of 2009 until the present. D. Local dependent and independent Fire District's, State and Federal Agencies have responded to numerous wildfire events that have frequently threatened homes, schools, business, parks and roadways. E. Wildfires have on-occasion generated periodic evacuations and impacted commerce and travel by forcing roads to be closed for suppression or smoke management concerns. F. Local Fire Chief's, the Division of Forestry and the Director of Emergency Services and Emergency Management concur that a burning ban would be prudent under the current meteorological conditions, and WHEREAS, the Board wishes to implement all prohibitions listed in the ordinance including open burning and the discharge of fireworks, sparklers and incendiary devices. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly permitted by the Collier County Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, that all outdoor open burning, and outdoor ignition sources including fireworks, sparklers, incendiary devices (including but not limited to campfires, bonfires, trash burning, disposal of lit cigarettes or cigarette butts) are hereby prohibited until further notice. _.__._--~--_._--- .- -.--....--.-...- '.-..-" .'---"-'-'~"'~"-'--'--'._'-'<-".~--"-'~~~'--'.'----- .__..."_...__._____<.._.._...._u_ ,1@JA-cR BE IT FURTHER RESOLVED, that this Resolution shall become effective when a copy of the Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance 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. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 12th day of May, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, County Attorney ~^,_.,~.,-~--".,-_..... "~"'""-_''''_''''"'-_.-' _1_ ~.,.,., , _...... " . '_"W",'_~w>.,'"_.,,,__,,__......._<<-.~_.w._.~~,,,~.,__~"_~_w___.____ COLLIER COUNTY FLORIDA lOA (i) REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS " , . lOR \ \) To: Clerk to the Board: Please place the following as a: [SJ Normal legal Advertisement o Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Deptl Div: Bureau of Emergency Services Person: Dan Summers Date: 5/12/09 Petition No. (Ifnone, give brief description): Bum Ban Resolution and Ordinance Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. BCC approved 5/12/09 Item lOA Newspaper(s) to be used: (Complete only if important): [SJ Naples Daily News o Other [SJ Legally Required Proposed Text: (Include legal description & common location & Size: EFFECTIVE MAY 12,2009 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (CCBCC) ENACTED RESOLUTION NO. 2009-124 TO ENACT AN OUTDOOR BURNING BAN IN ACCORDANCE WITH THE PROVISIION OF COLLIER COUNTY ORDINANCE 2009-23 WHICH DECLARES A STATE OF LOCAL EMERGENCY; PROVIDING FOR THE EMERGENCY REGULATION OF OUTDOOR BURNING AND USE OF INCENDIARY DEVICES DURING CONDITIONS OF EXTREME DROUGHT; PROVIDING FOR IMPLEMENT A TlON OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR PENAL TIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE ORDINANCE AND RESOLUTION ARE A V AILABLE FOR VIEWING WITH THE BOARD MINUTES AND RECORDS. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? 0 Yes [SJ No If Yes, what account should be charged for advertising costs: 001- 144210-648160. PO No. 4500107015. Reviewed by: .~- * c;~~ Division Administrator or Designee Date List Attachments: Bum Ban Ordinance and Resolution orol,fO" (~rf!'1 ~ DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If a legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** .-",.""..,.-,...-.,.,,,.---.--,-.--..-,-........ ,-"_..,,._."..~,<...,,~, . FOR CLERK'S OFFICE USE1f!1B'/~3Jl. ",JA Date Received: III Date of Public hearing: _-=---_ Date Advertised: 6 Ol~ ~ , . ,.,' .''''<~''~---~---'-'--'''-'''- '> ."-..~... "'___"'.....'"'_;______... .-........ .-. .,.._....'".,..".".."".__..""'~...,__.,~,~_,~~,..._"..._",.,........__~......,._c,~g___."......._,,_____~.._,.__~ Let's try this! Page 1 of 1 Teresa L. Polaski lOA . . From: ColeMaryAnn [MaryAnnCole@colliergov.net] Sent: Friday, May 15, 2009 3:51 PM To: Patricia L. Morgan Cc: Christine Chase Subject: *Let's try this! Attachments: Request for legal advertisment Burn Ban.docx Pat, Thank you so much for all your help (and Teresa's!). Attached is the Request for Legal Advertising - the PO number fer the Naples Daily News is 4500107015. Please let me know if you need additional info - Dan Summers said that Thursday's paper is okay, and to advertise as cheaply as possible. Again, thanks for the help - have a great weekend! Mary Ann Mary Ann Cole Collier County Emergency Management 8075 Lely Cultural Parkway, Suite 445 Naples, FL 34113 Phone 239-252-3600 Fax 239-252-3700 www .cQHt~rgm .erg <<Request for legal advertisment Burn Ban.docx>> 5/18/2009 ""-"","""~-'-"'-'---""'"'''''--'-'-----'---~---~---''''''--''' , ....",.;.~..".__._;.......".,^"_w._...~"v..-...""~__,____ '''=---- -, ',""""","",.._~~., ",' lOA Acct #068784 May 18, 2009 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Burn Ban (Display Ad - Quarter Page) Dear Legals: Please advertise the above referenced notice of adoption on Thursday, May 21, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. # 4500107015 \ ~. _.. ,~,_~__,,,~_~__,~,,_,~__~",__,,,,,~~,,_,'_'''~''-.''~,.~.,-<'-'-"""-_._"-''-'.''_1 -,-,."'-'---' ,~_,,_>o,,__._~_~_ lOA NOTICE OF ADOPTION EFFECTIVE MAY 12, 2009 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (CCBCC) ENACTED RESOLUTION NO. 2009-124 TO ENACT AN OUTDOOR BURNING BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER COUNTY ORDINANCE 2009-23 WHICH DECLARES A STATE OF LOCAL EMERGENCY; PROVIDING FOR THE EMERGENCY REGULA TION OF OUTDOOR BURNING AND USE OF INCENDIARY DEVICES DURING CONDITIONS OF EXTREME DROUGHT; PROVIDING FOR IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE ORDINANCE AND RESOLUTION ARE A V AILABLE FOR VIEWING WITH THE BOARD MINUTES AND RECORDS DEPARTMENT. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK BY: Teresa Polaski, Deputy Clerk (SEAL) -~-~-'_."-------~'---"~""""'_-"-~_"--",-...-~-;----",""----,,...... ----- "'M'__.'"M"_,~__~_~'_,_'''''''"__~"_"_,_,"_""",,,,__,,,,,-,______~,.._ lOA . Teresa L. Polaski To: legals@naplesnews.com Subject: Notice of Burn Ban Attachments: Notice of Burn Ban.doc; Notice of Burn Ban.doc Legals, Please advertise the following Display Ad on Thursday, May 21, 2009. Thanks Notice of Burn Notice of Burn Ban.doc (28 KB)... Ban.doc (27 KB)... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) 1 .. ~____.___._~_'__..~_.___.._'.H____'_'~'_",,'~__'_~,_,___~_'~R"_'___'---'-"""-"'""," ...,_....~"....._..,.., CT""~"."""_'_""'_'''_'''-___''''W_~~_''''''~_''._'_'''_'_='__''''~~'"",.....__ Teresa L. Polaski lOA.. From: postm aster@collierclerk.com Sent: Monday, May 18. 2009 9:13 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT269032.txt; Notice of Burn Ban [] D " .- ...,,- A TT269032.txt Notice of Burn (231 B) Ban This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ~-----~~-------,.. ,._____,~~____o rw1"" w n....,., '11""" _'II "'.____._~_____M.____ Notice of Bum Ban Page 1 of 1 lOA Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Monday, May 18, 2009 4:02 PM To: Teresa L. Polaski Subject: RE: Notice of Burn Ban ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierderk.com] Posted At: Monday, May 18, 2009 9: 13 AM Posted To: Legals - NDN Conversation: Notice of Burn Ban Subject: Notice of Burn Ban Legals, Please advertise the following Display Ad on Thursday, May 21,2009. Thanks <<Notice of Burn Ban.doc>> <<Notice of Burn Ban.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 5/18/2009 __." ._,.__~....._.___.._,_.__,,_____._"^~___~<~"--'__"""""'_.'~=-O""""""_""'~ ___..,..,..-"...., """,;,,,,,,,,".,,,,,-,,,,,~,;,,_,,c,,"______,,,,-..,,,._,.._..,., .",,,..-._~_,~,~,w,_~,,..,.~~~,",_......,,,,.,_...~~,.....,.,,. '" Teresa L. Polaski lOA.. From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Monday, May 18, 2009 4:02 PM To: Teresa L. Polaski Subject: RE: Notice of Burn Ban ok From: Teresa L. Polaski [mailto:Teresa,Polaski@collierclerk.com] Posted At: Monday, May 18, 2009 9: 13 AM Posted To: Legals - NDN Conversation: Notice of Burn Ban Subject: Notice of Burn Ban Legals, Please advertise the following Display Ad on Thursday, May 21,2009. Thanks <<Notice of Burn Ban.doc>> <<Notice of Burn Ban.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 1 ~___....___.,.,..._"_,.._~_.._....'_W" "'__w ,,_"','''_ 'F Ill' .'~', _ -'rF " . __'..__"....~__..'.""'"~_~...,,_,.,""..C",....,"',.,_"'''.,_,.,..~,__.<__.~~"_____~.,',."'.~.'"...,_.".....-_"~__,,_,_ ,,~_. lOA Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, May 19, 2009 11: 18 AM To: Teresa L. Polaski Subject: RE: Notice of Burn Ban Attachments: 231121705.pdf Your proof. Emely 213-6061 ~~___,_,;~""",-~__,-_,_,;_~__""""~,,,,__A<W_""__'~'~_;'''''''''''''''''''==_'____"'''''''''''~''"'m;.,"""",,_'''''''''W'~"''"''''''''-''''''''^~'''~'_'~;~~''''*=<__~''~___<''''- From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Monday, May 18, 2009 9: 13 AM Posted To: Legals - NDN Conversation: Notice of Burn Ban Subject: Notice of Burn Ban Legals, Please advertise the following Display Ad on Thursday, May 21,2009. Thanks <<Notice of Burn Ban.doc>> <<Notice of Burn Ban.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. 1 ,- ._,..---_...~~~-"'" ~.... ---...- .,_,__.__..'_,_..._.....~a_".~.^ PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE IDA NOTICE OF ADOPTION EFFECTIVE MAY 12, 2009 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (CCBCC) ENACTED RESOLUTION NO. 2009-124 TO ENACT AN OUTDOOR BURNING BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER COUNTY OR- DINANCE 2009-23 WHICH DECLARES A STATE OF LOCAL EMERGENCY; PROVIDING FOR THE EMERGENCY REGULATION OF OUTDOOR BURN- ING AND USE OF INCENDIARY DEVICES DURING CONDITIONS OF EXTREME DROUGHT; PROVID- ING FOR IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR PEN- ALTIES; PROVIDING FOR CONFLICT AND SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE. THE ORDINANCE AND RESOLUTION ARE AVAIL- ABLE FOR VIEWING WITH THE BOARD MINUTES AND RECORDS DEPARTMENT. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK BY: Teresa Polaski, Deputy Clerk (SEAL) No. 231121705 May 21. 2009 ,~..,~,,,~~w,,_.,_,~.___,,,,,,,, .. ~ ___ v- ___~_"""",,,,..~,,,,._.,,,~___._".",., -_.~,~, -_.^'~."'<" JUA NAPLES DAILY NEWS Published Daily Naples, FL 34] 02 Affidavit of Publication State of Florida County of Collier UNTY Before the undersigned they serve as the authority, personally CO) appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily, ACT a daily newspaper published at Naples, in Collier County, .NCE Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a .....ORl'" PUBLIC NOTICE .JSTATE in the matter of PUBLIC NOTICE t,R . TH.E was published in said newspaper ] time in the issue .~tBlJRN- on May 2],2009 BIN:G Affiant further says that the said Naples Daily News is a newspaper , ,...""rtiq. .'f~b\llD- published at Naples, in said Collier County, Florida, and that the said A bobcatt.sU'in a tN. at Wergl,. . '.' .... newspaper has heretofore been continuously published in said Collier . ..~~"'CE County, Florida; distributed in Collier and Lec counties of Florida, each day and has been entered as second class mail matter at the post R.PEN- office in Naples, in said Collier County. Florida, for a period of I year next preceding the first publication of the attached copy of y UM!R- advert' ment; and affiant further says that he has neither paid nor pro s (I any person, Jirm or corporation any discount, rebate, com ssion or refund for the purpose of securing this advertisement for LaDe.. ,SDctetY~1V[; pu c1~1 C~d nFhpe/h _ ( Signature of affiant) 9t-- \4 UTES . lEY lQr !Us job. !sp6ndEnt '':S,ometw" . peG Sworn to and subscribed before me ate tiIqes make bat >eingfired. the ex:;- Don made a bad ( This 22nd day of May, 2009 :>r ofthe G'-1lf C.oa$t going to let it go Lt\n /U..Q Gl{\ '\ ~~ytQ.o~l.. ~ty agteed.tq~st ' a_ecjsiQnt~th~ --- . cf>~troversYat ~ J~ . what we,. believe.' (Signature of notary public) ased nonprolU; ..D.l"o: .beiw.Qr' for: JUt e U-iANEL (\. MCDONf\LL.: tor.~ Henrion sait Commission DO 650475 was given a choice to elaborate on v Expires June 29, 2011 wing a me.etinfj of by a bad.decision 8l:n(!e(i Tt,'";" ~. roy r i'llfl ':1SWSI1Ce BOQ':18:S-7D1~) bo~ci()f du:ect~r$. In-reeent montll ltion's director of Humane Society laid off. merous allegati( ld~d resiAne4. nqt CO~=f ~db. itll any at'. . bUtl~'Ye emp .."~ to thel ~rminated beCote." me~t of Agticultl . -ednesday. i\nimal Husbandr een ex:eCJ.1~e ~~. leged illeplaccepl l:lre~~ears.~g:{t."ft\'a:DPth~,.4] try 0 $65,000. plus People for the .Et1: of Animals also s dent Kay Hennon queSt~g thesp.elle I had a lengthy -dis- recover ..;wmow; fc Cohen. as Pinky, a dog th ot something We Animal Services ! " she said. "In fact, . of severe medical i 'ought passionately not being properl' :'..' .. . . 'May 21 2009 _~._,"c -,<..-<_.~^'~---,~----,,---- ---.-,-.-..",.,. "'~^'- I J.UA i ,'M' , ,;."CE '" ., ,.'_PYION vs ..'. .....; .'.'> .' .... .<'.",' ..... ... .... I I' I .- I . [IEFFJ~~~~Yi1~, 2~I.THE COLLrERCOUNTY i ](~Y,;.\:~HTV:~MtSSIONeAS (COBCC) j :~~~,~P. 2009-124 TO ENACT l'AN'~"~tl~N""',,Bf'N IN AC90RQANCE , /WITH,1~'~~~pN~'COLLI6RCOUNJY OR- I QI".ANe&i;:..,a'WfftCIrl DECLARES 'A' 'STATE . 'Of ,~~;~_~y:, PROVIDING. FOR ,tHE EM,i~_~~~ OF OUTDQ9R'BURN- ING ,ANDfOIE'elF'\INOENDIARY DEVICES ,DURING CONDITIONS OF EXTREME DROY.GHT; '.pROVID- ING FOR I~~LEMENTATION OF THIS. OROINANCE BY COUNTY RESOLUTION; PROVIDINGFQR,PEN- ALTtES; PROVIDING FOR GONFLICTAND SeV;R- ABIUT't'; AND PROVIQINq i ~N . EFFECTIVE DATE. THfQADfNANCe'AND'FteSCbl~TIO~E-AVAIL~ ABLE FOR VIEWING WITH TH~-Bo-ARD MINUTeS AND RECORDS DE.pART~eNT. , , .- BOARPOF'COUNTY CqMMISSIONERS /~ -- CQLUER COUNT'tI, FLORIDA DONNA,FIALA', OHAIRMAN . -.. DWIGHTE.BROCK, CLERK BY: Teresa PoIaski,OeputyClerk (SEAL) ~9.231121705 I AI - MI\Y 21 2009 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOA TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to OIiginal document. Original documenls should be hand delivered to the Board Office. The eomplcted routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, c011lolete the checklist, and forward to Sue Filson 'line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-12-09 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the evcnt one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehaimJan's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400 Contact Agenda Date Item was 5-12-09 Agenda Item Number lOA Aooroved by the BCC Type of Document Ordinance 2.00 <=\ - z? Number of Original One each Attached Resolution "200<::\ - \ "2- 4- Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 5-12-09 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. I: Forms! County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04-eOA-OI0811464 IDA ORDINANCE NO. 2009 - 23 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A ST A TE OF LOCAL EMERGENCY; PROVIDING FOR THE 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 PENAL TIES; 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 OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance." Page lof6 .. ~" ... "''''''.",,"'_''''"'''_U ~.,,<-", _.."_.._..."_'.V"~~~""'_~ IDA 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. Page 2 of6 -.. ~_._'"-" - . --,- l'il "" L -~"~"'- -- IDA 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 ofthe 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 -_..~ "'--~"'-'""~'--'-~'-- ___..........,",..,'_.._....,..,,"O_,;~_,'~ "...-- .l~ ___~"'",." "--"~.._..,.~..-~,....'_.""',- IDA 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 of 6 ...., ~ ~-,._......",..._,,~- T ...AlllI...._'_o..". ',...",........."'__80. "''';-....... .."..~-,..._"-'" IDA (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 ,.~"". ........ " ..._..,._~ Il<'" .. ...__..." '~11 IIIIl 'Ml\~__''''''''"_''''''''''_'' ""'_.""'-""'"""-~-'--~"~'"< _.. ".~.."".,,,--~~-- -,- IDA j 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. - \ AJ'TESl':': ...:.'s '.<' BOARD OF COUNTY COMMISSIONERS D~~~~flerk OF C~~R COUNTY, FLORIDA ~. ,', .', , " .- ~".....':.\~{. By: . ~~ d4~ At.....t. '."" ~,J:l~t,,-Clerk DO A FIALA, ChaIrman .t~~..:,:~ · Approved as to fOmI and leg sufficiency: .- Page 6 of6 ,~,~-""",~~., .",,""", " ....~._.".,.,.,,-_.. . Il'" ~ ___..._.__,__,._. "." O'_"_""'_~'~_~",,_"_______,~_,,~~,__,_ , ,lOt :'i 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. " ". :~ '1 . ;", DWIGHT E. BROC~' ,d' J!',{.,,> Clerk of Courts Gl-po,cle:;Bc Ex-officio to ~~~d. of~\ " County Commissiqners I , ,.--. . "~""-'-""""""-'-"-''''_. ~,.._",_.-._,., .~ "'-~",","''''''~ .. 'OJ _o,_._~'.~_.'~.,""_, "