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Ordinance 2013-22ORDINANCE NO. 2013 - 22 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009 -23, THE REGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS ORDINANCE, SO AS TO: 1) ADD DEFINITIONS; 2) AUTHORIZE THE CHAIRMAN, UNDER CERTAIN IDENTIFIED CONDITIONS, TO IMPLEMENT SUCH EMERGENCY REGULATIONS ON BEHALF OF THE BOARD IN ABSTENIA; AND 3) CLARIFY REMAINING PROVISIONS OF THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2009 -23, Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, provides a mechanism by which the Board of County Commissioners (Board) may implement an immediate ban of outdoor burning and outdoor ignition sources during extreme drought conditions; and WHEREAS, pursuant to Ordinance No. 2009 -23, the Board, at a public meeting, may adopt a Resolution imposing appropriate restrictions or prohibitions on burning and discharge of fireworks, sparklers and other incendiary devices as set forth in the Ordinance; and WHEREAS, representatives from the Florida Forest Service, Collier CountVxe diefs' Association, Collier County Sheriff's Department, Cooperative Extension Agent, anq,.>fnetncy Management have jointly identified a need to have a burning ban become effective edihtelyV when certain environmental conditions are met; and -o WHEREAS, the Board desires to amend a amend Ordinance No. 2009 -23 accgl":by ';0 y. t' authorizing the Chairman, under certain identified conditions, to implement such em ogretv@y regulations on behalf of the Board in abstenia; and WHEREAS, the Board further desires to add definitions and clarify the remaining provisions of Ordinance No. 2009 -23 as set forth below. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009 -23. Section One is hereby amended as follows: SECTION ONE: Title and Definitions. Underlined text is added; 8tr*ek4hfe+0 text is deleted Page 1 of 6 A. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance ". B. Definitions: 1. "Fireworks" means and includes any combustible or explosive composition or substance or combination of substances as defined in Section 791.01, Florida Statutes. "Fireworks" does not include sparklers approved by the Division of the State Fire Marshal of the Department of Financial Services. 2. "Open Burning" means any outdoor fire or open combustion of material that produces visible emissions. 3. "Trash" means any discarded material. 4. "Yard Trash" means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property cleanup activities. The term includes materials such as leaves, shrub trimmings grass clippings, brush, and palm fronds. It does not include household garbage. 5. "Yard Waste" means vegetative matter resulting_ from landscaping and ward maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, rag ss clippings, palm fronds, and brush. It does not include land clearing debris or tree cutting debris. SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2009-23. Section Five is hereby amended as follows: SECTION FIVE: Implementation by Resolution. When the County Manager makes a determination that there exists a drought emergency, the County Manager shall send written notification of such condition to the Chairman of the Board. The County Manager in making the determination of the existence of a drought emergency shall take into consideration such factors including, but not limited to the following: A. The Keetch/Byram Drought Index, or any similar such index. B. Discussions and consultation with the Division of State Forestry. C. Consultation with fire chiefs in the County. D. Study of meteorological conditions and climatological forecasts. Underlined text is added; Stmsk through text is deleted Page 2 of 6 E. Whether the condition of the vegetation in the County makes it susceptible to ignition. F. Any actions taken by surrounding jurisdictions in regard to drought conditions and fire hazards. G. Any other condition or factor which could have a bearing on existing fire hazard conditions and which reasonable persons of prudence would normally rely on to determine if a fire hazard condition exists. In making such written presentation to the Chairman of the Board or the Vice - Chairman in his or her absence, the County Manager will recommend which prohibitions to impose and under what, if any, conditions open burning or the discharge of fireworks or other incendiary devices will be allowed. The Chairman of the Board or the Vice - Chairman in his or her absence may execute a Resolution imposing impose any or all of the prohibitions as conditions warrant without Board action. In the absence of the Chairman and Vice - chairman: the next county commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them may take action in accordance with this section. Outdoor burning may include, but shall not be limited to, campfires, bonfires, trash burning and other similar open incineration. When outdoor burning is prohibited, such prohibition shall not be construed to apply to outdoor burning or land clearing where the division Florida Forest Service has issued a permit or other authorization. The ban shall take effect upon approval of the Resolution. The County Manager, at the next scheduled public meeting of f the Board, shall notify the Board of the Resolution. The Resolution shall remain in effect until a like Resolution repealing the burning ban is adopted by the Board and upon adoption of the repeal, the restrictions on burning or discharge of fireworks shall be immediately lifted. Further, the Board from time to time may amend any Resolution by changing, deleting, or modifying the provisions on burning and discharge of fireworks depending on changes in the drought conditions. SECTION THREE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2009-23. Section Six is hereby amended as follows: SECTION SIX: Prohibition. The Resolution imposing the ban on open burning or discharge of fireworks may prohibit any or all of the following, depending on the recommendation of the County Manager and the severity of the drought conditions. A Resolution may make it unlawful for any person to set fire or cause fire to be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban or rural area including those associated with agriculture, pile burning, or the building of campfires, bonfires, the burning of yard trash, household garbage, refuse, or other debris in the Underlined text is added; Stmek thfoug# text is deleted Page 3 of 6 unincorporated areas of Collier County, unless otherwise provided herein as an exception. In addition, the Resolution may prohibit any person or entity from discharging, causing to be discharged, or the sale of any fireworks or incendiary devices that may cause or have a tendency to cause wildfires as defined in Section 590.015, Florida Statutes. Further, the Resolution may prohibit the holding of any event including, but not limited to, events involving motorcycles, automobiles, or any other vehicles or equipment that may cause hot exhaust gases or high temperatures that may be generated by catalytic converters or other devices on such vehicles in an open or uncontrolled area that is susceptible to wild fires. Bans on the sale of fireworks shall only be done in the most exigent of circumstances and when drought conditions are so severe as to constitute an actual emergency. SECTION FOUR: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2009 -23. Section Seven is hereby amended as follows: SECTION SEVEN: Publication. Within a reasonable time after adopting such Resolution, the Board County Manager shall eause to be published in a newspaper- of general eir-etilatien a quafter- page advel4isefRent, buming and fireworks ban or- r-epealing sueh ban. The Getinty Manager- will alse notify the public by newspaper-; radio, andfe television, and electronic media of the applicability of this Ordinance and any subsequent implementing Resolutions. SECTION FIVE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2009-23. Section Eight is hereby amended as follows: SECTION EIGHT: Exceptions. 1. Nothing contained herein or in any implementing Resolution shall be construed to: (a) prohibit lawful activities involving incendiary devices, fire, or flame in controlled industrial or commercial processes for which permits have been issued, or if no permit is issued, take place in a controlled industrial or commercial environment and are part of the manufacturing or some type of assembly process such as to make it unlikely that such incendiary flame or heat generating device will cause any type of wild fire or be a danger outside of the premises where the procedure or process is being used; or (b) prohibit residential outdoor cooking provided the same is done on a suitable piece of equipment designed to contain the fire, flame, and heat generated thereby. Further, outdoor cooking may also be done in any public or private place where there are facilities designed for outdoor cooking which would contain the heat, flames, or fire otherwise Underlined text is added; Stmok through text is deleted Page 4 of 6 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; Stme-k thteUgh text is deleted Page 5 of 6 SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ?day of ��ary a , 2013. ATTEST: DWIGHT- KiiBd�OCI4r Clerk PPw , 4; Jeffrey County Clerk arm and CeT i OF COUNTY COMMISSIONERS -IVR COUNTY, FLORIDA XXA. HILLER, ESQ. WOMAN Underlined text is added; Stmek through text is deleted Page 6 of 6 This ordinonce filed with the toy of tat f 71 tfie,,, and ocknowledgemen trot fill ved is ay of BV e STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -22 which was adopted by the Board of County Commissioners on the 26th day of February, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of March, 2013. DWIGHT E. BROCK Clerk of Courts and Clerk' Ex- officio to Boaj,t 'f County CommissiXca�rs r By: Ann Jenne] o`Y, r ;' Deputy Clerk