Ordinance 72-10 tate
December 18, 1972
'Mr. Ben D. Driver
Fiscal Officer
Board of County Commissioners
Collier County Courthouse
Naples, Florida 33940
Dear Mr. Driver:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of December 15 and copies of Collier
County Emergency Ordinance No. 72-10, which was received in this
office on December 18, 1972.
The extra copy showing the filing date is being returned for your
records,
Kindest regards.
Cordially,
NK/bh
RICHARD (DICK) STONE
Secretary of State
Chief, Bureau of Laws
Enclosure
BOOK 1 PAGE 160-A
~oi. ~ 72-1o ' '
AN EMEROEN~Y ORDINANCE AKENDINO SECTION 13-2
OF COnE CO LI a COUNt. LOm DA TO
RmUL TS OPS URNSmO WITHIN
MILE OF THREE (3) OR MORE OCCUPIED D~FELLINGS.
BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
Section 13-2 of the Code of Collier County, Florida, be and
is hereby amended to read as follows:
Sec. 19-2 Burnin~ ~arbage and trash prohibited--Purposes.
The Board of County Commissioners find and declare that the
open burning of garbage, trash, grass, weeds, debris, and
other natural growth and refuse of any kind in certain
areas of said County pollutes the atmosphere and is
detrimental and dangerous to the health, safety and welfare
of the Citizens of Collier County.
(1) It shall be unlawful for any natural or
artificial person to cause, permit, allow, suffer,
or condone the open burning of garbage, trash,
debrie~ grass, weeds, wood, or other material o~"
natural growth; dead or alive; severed or _~ ~_ 'TI
unsevered, ~_~
a. Within the confines of any subdivision or
development a plat of which has been or is
recorded in the public records of Collier
County, Florida; or .
b. W. ithin one-quarter (~) of a mile of three~ "'
(3) or more occupied dwelling units or a
transient lodging establishment without a
permit issued by the County Manager or
his designee.
(2) Permit; application, appeal:
A burning permit may be obtained by letter application
to the County Mana6er, desc.ribing the location,
number of dwellings within $ mile, quantity and type
of material to be burned, the time(s) and date(s) the
applicant desires to burn material, precautions that
shall be taken to minimize hazards, smoke and fumes,
and the name, address and telephone n,~bers of the
applicant and owner of the property involved.
(3) The County Manager or his designee shall, prior to
issuance or denial of any permit, consider the
information contained in the application in conjunction
wAth the prevailing winds, weather including humidity
and inversion conditions, and the probability of
hazards or obnoxious smoke and/or fumes.
(4) Appeal: Any person adversly affected by a decision
~ ~ County Manager in the enforcement or interpre-
o ~ tation of this ordinance may appeal by filing a
\ %\~ . ~ written notice of appeal to the County Commission
,~k3\~ %~ ~\ with a copy to the County Clerk within ten (10) days
/ ~ ~ after such decision. Such person may present facts
/~ O ~ ~ ~ w supporting his position after which the decision of
'- . ~ '~u~the County Commission shall be final.
' i
Conflictin~ Provisions:' In the event this
~rdlnance conflicts with other law, the more
restrictive shall apply to the extent of such
conflict.
Penalty: Any person upon conviction of
Vi'olatlng this ordinance shall be subject to
the penalties_provided for a misdemeanor by
Section 125.0~9 of the Florida Statutes for
each offense.
SECTION TWO:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is, for amy reason, 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 validity of the
remaining portion hereof.
.SECTION THREE:
The Clerk is instructed to forward a certified copy of this
ordinance duly executed to the Department of State as soon
as practicable by United States Registered Mail Special
Delivery; and to cause the Title and Section ! to be
published.
SECTION FOL~:
Should this ordinance conflict with other law the more
restrictive shall apply.
SECTION FIVE:
Be it declared that an emergency exists and the immediate
enactment of this ordinance is necessary, therefore, notice
requirements are waived and this ordinance shall take effect
immediately upon m~iling to the Secretary of State.
1 A 'i59 '
DONE THIS 12th DAY OF December , 1972.
ATTEST:
MARGARET T. SCOTT
......,.k~,~,\ !,~...~ ~.,
ah
i~OOK' '
ORDAIB'ED BY TEE BOARD OF COUNTY
COMMIS$IONEP~, COLLIER COUNTY,
FLORIDA.