Item R3
** PUBLIC HFARTNG **
TIME CERTAIN 3:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21.2006
Bulk Item: Yes No
Division: County Attorney
Staff Contact Person: Natileene W. Cassel
AGENDA ITEM WORDING:
Status Report from Chief Martin on the Emergency Fire Hazard Ordinance to discuss
with the BOCC whether the dry conditions in the Keys have changed and whether the
ordinance should remain in effect, be modified or be repealed,
ITEM BACKGROUND:
May 9, 2006 the Governor of the State of Florida promulgated Executive Order Number
06-108 declaring that a state of emergency exists in the State of Florida due to the
ongoing danger of wildfires. The National Weather Bureau states that the dry conditions
that cause the danger of wildfires cover the entire State, and Monroe County has
experienced an extended period of time without normal rainfall creating a threat of
wildfires which could result in substantial damage to or loss of property.
PREVIOUS RELEVANT BOCC ACTION:
On May 17, 2006 the BOCC enacted an ordinance providing for the regulation of burning
throughout Monroe County due to dry conditions and threat of wildfires. The Ordinance was to
be in effect for Seventy-five (75) days unless modified, extended or rescinded by further action of
the BOCC.
CONTRACT/AGREEMENT CHANGES:
No recommendation status will depend upon the environmental conditions on the date of
the Commission Hearing.
STAFF RECOMMENDATIONS:
Modify and/or repeal based on environmental conditions.
TOTAL COST:
-0-
BUDGETED: YES
NO_X_
SOURCE OF FUNDS: N/A
COST TO COUNTY: -0-
REVENUE PRODUCING: YES
NO _X_AMOUNT PER MONTB_ Year_
APPROVED BY:
DMSION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
AGENDA Item#
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday, June 21, 2006, at 3:00 PM at tbe Maratbon Government Center, 2798 Overseas
Higbway, MM 50, Maratbon, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider whether to ratitY, amend or repeal the following
Emergency Ordinance No. 018-2006 passed May 16,2006:
AN EMERGENCY ORDINANCE OF MONROE COUNTY, FLORIDA, TITLED
"THE EMERGENCY FIRE HAZARD ORDINANCE"; DECLARING THAT AN
EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR-FIFTHS VOTE;
PROVIDING FOR THE REGULATION OF BURNING THROUGHOUT
MONROE COUNTY, FLORIDA, DURING THE STATE OF EMERGENCY DUE
TO DRY CONDmONS AND THREAT OF WILDFIRES; PROVIDING FOR
TITLE, ENACTMENT AND AUTHORITY, FOR JURISDICTION, PURPOSE,
INTENT, IMPLEMENTATION, PROHIBmONS, EXCEPTIONS, AND
PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
Copies of the above-referenced ordinance are available for review at the various public libraries in
Monroe County, Florida.
Dated at Key West, Florida, this 1st day of June, 2006.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates:
Reporter (Fr) 6/9/06 - 6/16/06
Keynoter (Sa) 6/10/06 - 6/17/06
KW Citizen (Su) 6/11/06 - 6/18/06
ORDINANCE NO
018
-2006
AN EMERGENCY ORDINANCE OF MONROE COUNTY, FLORIDA,
TITLED "THE EMERGENCY FIRE HAZARD ORDINANCE";
DECLARING THAT AN EMERGENCY EXISTS AND WAIVING
NOTICE BY A FOUR-lfU"l.HS VOTE; PROVIDING FOR THE
REGULATION OF BURNING THROUGHOUT MONROE COUNTY,
FLORIDA, DURING THE STATE OF EMERGENCY DUE TO DRY
CONDmONS AND THREAT OF WILDFIRES; PROVIDING FOR
TITLE, ENACTMENT AND AUTHORITY, FOR JURISDICTION,
PURPOSE, INTENT, IMPLEMENTATION, PROHIBITIONS,
EXCEPTIONS, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 9,2006 the Governor of the State of Florida, promulgated Executive
Order Number 06-108 declaring that the "ongoing danger of wildfires continues to threaten the State
of Florida with a major disaster, and that, as a consequence of this danger, a state of emergency exists
in the State of Florida"; and
WHEREAS, according to the National Weather Service, the dry conditions that cause the
danger of wildfires cover the entire State, and likely to continue and become worse over the next
ninety (90) days; and
WHEREAS, Monroe County has experienced an extended period of time without nonnal
rainfall creating a threat of wildfires which could result in substantial damage to or loss of property;
and
WHEREAS, the dry conditions have greatly affected the vegetation in the County and
greatly increased susceptibility to wildfires; and
WHEREAS, the Mayor, after consultation with the Emergency Management Director has
declared a local state of emergency for Monroe County; and
WHEREAS, to avoid the damage done in the event of wildfire and to lessen the extreme fire
hazards which presently exist in the County, the Board of County Commissioners finds that it is in the
public's best interest, health, safety, and welfare to enact this ordinance regulating burning in the
County;
WHEREAS, a ban on open fires will reduce the danger and likelihood of grassfires,
wildfires, and forest fires; and
WHEREAS, for the foregoing reasons the Board of County Commissioners finds and
declares that an emergency exists;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLWWS:
SECTION I. STATE OF EMERGENCY
An emergency is hereby declared and notice waived by a four-fifths vote.
SECTION n. TITLE. ENACTMENT AND AUTHORITY
This ordinance shall be known as "The Emergency Fire Hazard Ordinance". This ordinance is
adopted in accordance with and pursuant to the authority of Chapter 1.25 and Chapter 252 of the
Florida Statutes and Monroe County Ordinance 2-15.1. "
SECTION m. JURISDICTION
Pursuant to the Fla. Const. Art.vm, Sec. 1 (t), the areas subject to this ordinance shall apply
throughout Monroe County, to the extent that this ordinance does not conflict with any municipal
ordinances. Any law enforcement officer with jurisdiction in the County shall have authority to
enforce the terms and provisions of this ordinance.
SECTION IV. DURATION
This Emergency Ordinance shall remain in effect for seventy-five (75) days from the date of
enactment unless modified, extended or rescinded by further action of the Board of County
Commissioners.
SECTION V. PROllIBmONS
It shall be unlawful for any person to set fire to or cause fire to be set to any forest, grassland, wild
lands, marshes, vegetation, or land in an urban or rural area including but not limited to, pile burning,
building a campfrre, a bonirre, burning yard trash, burning household garbage, refuse, or other debris
throughout Monroe County unless authorization is obtained from the Department of Agriculture,
Division of Forestry.
SECTION VI. OTHER PROHIBITIONS
In addition to the prohibition on open burning specified in Section V of this ordinance, no person or
entity may sell, give, transfer, discharge, or cause to be discharged:
A. Fireworks, (as defined in Section 791.01, Florida Statutes);
B, Sparklers approved by the Division of State Fire Marshal of the Department of
Insurance pursuantto Section 791.013, Florida Statutes;
C. Trick noisemakers and novelties as listed in Section 791.01(4)(c), Florida Statutes;
or
D. Flares, except that nothing herein contained shall prohibit the lawful use of
marine flares pursuantto 33 CFR 175.140.
E. The prohibition against disposal of lighted substances, pursuant to Fla, Stat,
590.10 remains in effect, and it shall remain unlawful to throw, drop, or dispose ofa
lighted match, cigarette, cigar, ashes, or other flaming or glowing substance, or any substance
or thing which mayor does cause a wildfire.
SECTION VB. EXCEPTIONS
Nothing herein contained in this ordinance shall be construed to prohibit
I. 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 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;
2. residential outdoor cooking provided the same is done on a suitable piece of
equipment designed to contain the frre, flame and heat generated thereby and provided that an
operable, dedicated source of domestic water e.g. a functioning garden hose or a 10 lb. multipurpose
fire extinguisher is located within reach of but no farther than fifteen (15) feet of the flame;
3. any other procedure or process generating heat, flame, or fire that would Ronnally be
a hazard but for the fact that a local, state, or federal government has issued a permit for such activity;
4. any duly existing or constituted fire department conducting training exercises
involving open fire or flame solely for training purposes under controlled conditions; or
5. holiday fireworks displays, provided the organizers of said display have obtained all
appropriate permits and approvals from the local government having jurisdiction over the site of the
proposed display.
SECTION VID. PENALTIES
Any violation by any person of any requirement or provision of this ordinance shall be prosecuted in
the same manner as misdemeanors are prosecuted. Upon conviction, any person violating any
requirement or provision of this ordinance shall be punished by a fine not to exceed five hundred
($500.00) dollars or by imprisonment in the County jail not to exceed sixty (60) days or by both such
fine and/or imprisonment.
SECTION IX. SEVERABILITY
It is declared to be the intent of the Board of County Commissioners that the provisions of this
ordinance are severable, and if any clause, sentence, section, or other part of this ordinance should be
found to be invalid, such invalidity shall not affect the remaining provisions and the remaining
provisions shall remain in full force and effect.
SECTION XI. EFFECTIVE DATE
This Ordinance shall become effective as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
the regular meeting of the Board on the 16th day of May, 2006.
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KOLHAGE, Clerk BOARD OF COUNTY
COMMISSIONERS OF
. MONROE CO
BY:
Mayor Charles "S
, McCoy
MONROE COUNTY ATTORNEY
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NATILEENE W. CASSEL .
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