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Ordinance 99-29 ORDINANCE NO. 99- 29 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 98-74, THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE; AMENDING SECTION TWO B(3), PERMITS AND APPROVALS ANDof~' SECTION TWO D(1), OPEN OUTDOOR FIRES, INCINERATORS' OUTDOOR FIREPLACES, BY PROSCRIBING CAMPFIRES AND OTHER DEFINED FIRES AND THE SALE AND USE OF FIREWORKS DURING A DECLARED DROUGHT EMERGENCY; PROVIDING FOR DECLARATION OF EMERGENCY~ PROVIDING FOR INCLUSION IN THE CODE OF LAWS ~ ORDINANCES; PROVIDING FOR CONFLICT ~:..:~ SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -'~ WHEREAS, in 1999 Collier County has experienced wildfires accompanie.a~'!~.~ str~ng winds which have caused real and personal property loss: and ~ ~:' WHEREAS, the Division of Forestry has a numerical index to measure the potential wildfires on which a value exceeding 400 denotes a significant danger of fire and the present index exceeds a value of 600; and WHEREAS, on April 12, 1999 Governor Jeb Bush declared that a state of emergency exists throughout the State of Florida because of the extended drought and resulting potential for wildfires; and WHEREAS, that in the event of a recurrence of these fires, the emergency is likely to exceed the capability of local firefighting resources to meet it; and WHEREAS, the Board of County Commissioners of Collier County has fire safety responsibilities for Collier County; and WHEREAS, the risk of further forest and brush fires in Collier County is high given the weather and ecological conditions; and WHEREAS, vegetation in County parks and preserves is extremely dry and poses a fire hazard; and WHEREAS, any campfire, bonfire, open or barrel burning of trash or Use of open barbecue or barbecue pits using charcoal or wood or discarding of lighted cigarette butts outdoors, , and smoking in county parks ereares unacceptable risks for accidental or careless ignition of dry vegetation; and Words underlined are added; Words S~.::k 2~'.z,~u~k are deleted. WHEREAS, the sale of fireworks and the igniting or use of any fireworks, including the otherwise legal fireworks such as sparklers, and including public fireworks displays should be prohibited because of the high risk conditions during this emergency; and ..-- WHEREAS, the Board of County Commissioners has determined that the best method to help protect human and animal life and to avert the serious destruction of property that could result from a wildfire during a period of declared drought emergency, is by declaring an emergency and mending Collier County Ordinance No. 98-74, the Collier County Fire Prevention and Protection Code. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION TWO(B)(3) OF COLLIER COUNTY ORDINANCE NO. 98-74: SECTION TWO(B)(3) of Collier County Ordinance No. 98-74, is hereby mended as. follows: (3) PERMITS AND APPROVALS i) Amend Subsection 1-15.16(c) to read as follows: 1-15.16(c) Bonfires and Outdoor Rubbish Fires. Kindling or maintaining any open fire or a fire in any public street, alley, road, or other public or private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires and small recreational fires not intended for vegetation or rubbish disposal, when conducted safely and on the property of the subject, are exempt and do not require a permit. {ii) Notwithstanding the above p. rovisions, during the duration of a state of emergency declared by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or part of Collier County, there shall become effective a prohibition .against kindling, creating. or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted --- ci~,arette butts outdoors. smokinl~ in County oarks. and the sale or use Of fireworks illld sparklers. The use of open barbecues or barbecue pits Utilizing charco~.l or wood shall be prohibited within 600 yards of any forest, grasSlands, woods, wild land~ or mar~h ar~a wi.thin Collier County. 2 Words underlined are added; Words E~,:zk ,vh ..... ~' are deleted. SECTION TWO: AMENDMENT TO SECTION TWO(D)(1) OF COLLIER COUNTY ORDINANCE NO. 98-74. Section Two (D)(1) of Collier County Ordinance No. 98-74, is hereby mended as follows: (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. (i) Amend Subsection 3-4.1 to read as follows: 3-4.1 See Section 1- 1 5 for permit required. Exception: Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. (ii) Amend Subsection 3-4.7 to read as follows: 3-4.7 No gas-fired or charcoal-fired cooking grills shall be kindled or maintained on balconies or within 10 ~. (3. l m) of buildings, LP gas cylinders in excess of 2 ¼ lbs. water weight shall not be stored within 10 It. (3.1 m) of a residential building. Exception 1: Detached One and Two Family dwellings. Exception 2: Permanent gas-fired or electric grills with proper ventilation hoods/facilities installed per the manufacturer's instructions. (iii) Notwithstanding the above provisions, during the duration of a state of emergency declared by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which in. cludes all or part Of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted cigarette butts outdoors, smoking in County parks, and the sale or use of fireworks and sparklers. The use of open barbecues or barbecue pits utilizing Charcoal or wood shall be prohibited within 600 yards of any forest, gras. slands, woods, wild lands or marsh area within Collier County. SECTION THREE: DECLARATION OF EMERGENCY This Board does hereby declare than an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/5ths) vote of the membership of this Board does hereby waive notice of intent to consider this Ordinance. 3 Words underlined are added; Words S.~-'-:k Tl-,,rc, ugh are deleted. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or ._. re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE A certified copy of this Ordinance, as enacted, shall be filed with the Department of State by the Clerk of the Board of County Commissioners as soon after enactment by said Board as is practicable by depositing the same with the postal authorities of the Coyeminent of the United States for special delivery by certified mail to the Department of State. This Ordinance shall become effective when a copy has been accepted by the postal authorities of the Government of the United States as set forth in Section 125.66(3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,. Florida,' t~r~7,a,, day of ~ 1999. D~ H ~ E ~:"'i~GX'i;i~,:~i'~T~~t~k BOARD F COUNTY COMMISSIONERS stgnature':~i~il'l* This ordinZnce fi!~d w'ith the. Approved as to fOITll and ecretary o~ S'i'c;~2's Office the ' mp. , Cl C {ijing recciv':.:d ll~is--------~ Assistant County Attorney 4 Words underlined are added; Words S_"-,:~,'-' ,~-ugh are deleted, STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-29 Which was adopted by the Board of County Commissioners on the 27th day of April, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of April, 1999. Clerk of Courts County Commi s s ioner~ .