Sec. 42-52. - Enactment and authority.
Sec. 42-53. - Emergency waiver of notice.
Sec. 42-55. - Purpose, intent, and implementation.
Sec. 42-57. - Other prohibitions.
This ordinance shall be known as "The Emergency Drought Condition Fire Hazard Ordinance."
(Ord. No. 00-03, § I, 4-18-00)
Sec. 42-52. - Enactment and authority.
This article is adopted in accordance with and pursuant to the authority of F.S. Ch. 125.
(Ord. No. 00-03, § II, 4-18-00)
Sec. 42-53. - Emergency waiver of notice.
It is hereby declared that the public's need for adoption of this article is so immediate and urgent as to constitute an emergency. This article shall take effect in accordance with the emergency ordinance provisions of F.S. § 125.66(3). Notice as otherwise required by the Florida Statutes is hereby waived by a four-fifths vote of the membership of the board of county commissioners declaring that an emergency exists and that the immediate enactment of this article is necessary.
(Ord. No. 00-03, § III, 4-18-00)
The areas subject to this article shall be all the unincorporated areas of the county. Any law enforcement officer or code enforcement officer with jurisdiction in the county shall have the authority to enforce the terms and provisions of this article.
(Ord. No. 00-03, § IV, 4-18-00)
Sec. 42-55. - Purpose, intent, and implementation.
This article is adopted with the intent to limit fire hazards in the county during periods and conditions of extreme drought. The provisions of this article shall be implemented by resolution of the board of county commissioners declaring a drought emergency. The provisions of this article shall be enforced as required until by like resolution the board of county commissioners declares a drought emergency no longer exists.
(Ord. No. 00-03, § V, 4-18-00)
It is unlawful for any person to set fire to or cause fire to be set to any forest, grassland, wildlands, marshes, vegetation, or land in an urban or rural areas including agriculture, Silva culture, and pile burning or to build a campfire, bonfire, burn yard trash, household garbage, refuse, or other debris within the unincorporated areas of the county unless a written permit is obtained from the department of agriculture, division of forestry.
(Ord. No. 00-03, § VI, 4-18-00)
Sec. 42-57. - Other prohibitions.
Besides the prohibition on open burning specified in section 42-56 of this article, no person or entity may discharge, or cause to be discharged, any fireworks as defined in F.S. Ch. 791, as it may be amended from time to time, or any other incendiary or other device that may cause, or have a tendency to cause, wildfires as defined in F.S. § 590.015. Further, the board may prohibit any event, including but not limited to, events involving motorcycles, automobiles, or any other vehicles, or equipment that because of the hot exhaust gases or high temperatures that may be generated by catalytic converters or other devices on such vehicles used in open non controlled areas that are susceptible to wildfires.
(Ord. No. 00-03, § VII, 4-18-00)
(a)
Nothing herein contained in this article shall be construed to prohibit lawful activities involving incendiary devices, fire or flame controlled industrial or commercial processes for which permits have been issued, or if no permit is issued, take place in a controlled environment such as to make it unlikely that such incendiary, flame, or heat generating device will cause any type of wildfire or be a danger outside of the premises where the procedure or process is being used.
(b)
Nothing herein shall 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.
(c)
Further, outdoor cooking may also be done in any public or private place where there are facilities designated for outdoor cooking which would contain the heat, flames, or fire otherwise generated by outdoor cooking.
(d)
Any other procedure or process generating heat, flame, or fire that would normally be a hazard but for the fact that a local, state, or federal government has issued a permit for such activity.
(e)
The provisions of this article 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.
(Ord. No. 00-03, § VIII, 4-18-00)