Item C49
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 16.2006
Bulk Item: Yes X- No
Division:
Emereencv Services
Department: Fire Rescue
Staff Contact Person: Wally Romero
AGENDA ITEM WORDING: Declaration and enacbnent of an Emergency Ordinance declaring that
an emergency exists and waiving notice by a four-fifths vote; providing for the regulation of burning
throughout Monroe County, during state of emergency due to dry conditions and threat of wildfires;
providing for title, enactment and authority, for jurisdiction, purpose, intent, implementation,
prohibitions, exceptions, inclusion in the code and providing for an effective date.
ITEM BACKGROUND: May 9, 2006 the Governor of the State of Horida promulgated Executive
Order Number 06-108 declaring that a state of emergency exists in the State of Horida due to the
ongoing danger of wildfires. The National Weather Service 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 ACfION: None
CONTRACf/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes _ No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes _ No_
~::Iyment~
ClarK. O. Martin, Jr.
AMOUNTPERMONTII_ Year
APPROVED BY: County Ally YES
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
Included X
Not Required_
AGENDA ITEM # C - '19
Revised 2105
ORDINANCE NO
-2006
AN EMERGENCY ORDINANCE OF J'llONROE COUNTY. FLORIDA,
TITLED "THE EMERGENCY FIRE HAZARD ORDINANCE"';
DECLAR.lNG THAT AN EMERGENCY EXISTS AND WAIVING
NOTICE BY A FOVQ-ftF1llS VOTE; PROVIDING FOR THE
REGULATION OF BURNING THROUGHOUT MONROE COUNTY,
FWRlDA, DURING THE STATE OF EMERGENCY .DtJE TO DRY
CONDmONS AND THREAT OF WILDFIRES; PROVIDING FOR
TITLE, ENACTMENT AND AUTHORITY, FOR JURISDICTION,
PlJRPOSE, INTENT. IMPLEMENTATION, PROHlBmoNs.
EXCEPTIONS, AND PROVIDING FOR AN EFFECTIVE DATE.
WlIEREAS, on May 9, 2006 the Governor of the State of Florida, promulgated Executive
Order Number 06-108 declaring that the "ongoing danger of wildfires cootinueo> to threaten the State
of Florida with a wVor disaster, and that, as a cooseq_ of this danger, a state of ~ exists
in Ihe SWe of Florida"; and
WHEREAs. according to the National Weather Service, the dry conditions that cause the
danse, of wildr..."" cover tbe entire State, and Ilkely to continue and become worse over the next
nin~'(90)days;and
wHEREAS. Monroe CQWlty has experieuced an extended petkJd of time without nonna!
rainfall creat:ini a threat of wildfires which conld result in substantial 00m1lBf' to (lr In.. <:>f property;
and
WHEREAS, the dry conditions have greatly affceted the vegetation in the County and
greatly increased susceptibility to wildfl1'eS; and
WHEREAS, the Mayor, after consultation with the Emergency Manllgement Director has
de.;I....,u II '"""I stale uf emergency for Monroe COUllty; and
WJIEREAs, to avoid the damage done in the "vcnt of wildirue and tv Ie'"sell II.., "J<lnlmc fife
hazards which prellelltly exist in the COllllty, the Board of County Commissioners fmd$ that it is in the
public's best interest, health, safety, and welfare to enact this onii_ regulating "..rning in the
County;
WHEREAS, a ban on upen fires will reduce the danger and likelihood of grassfires,
wildfires, and form fmll; and
WHEREAs. for the foregoing reasons the Board ofConnty Commissioners frods and
declares that an emergency exists;
NOW, THEREFORE. BElT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS;
SECTION L STATE OF EMF.RGENCV
An emergency is hereby declared and notice waived by II four-fifths vote,
SECTlONIL 'tITLE. ENACTMENT AND AUTHORITY
This ordilllll\oo sball be known lIS "Tbe Emergency Fire Hazard Ordinanl:e". Tbis nrdinance is
adopted in accordance with and pursuant 10 lhe authority of Chapter 125 and Chapter 252 of the
r10rldll Statutes and Monroe County Ordinan= 2-15.1.
SECTION m. JURISDICTION
Pursuant 10 the Fla, Const, ArC VlU, Sec. I (t). the area~ subject tn this ordinance shall apply
throughool Monroe County, 10 the extent that this ordinance does not conflict with MY municipal
ordilllll\t:es. Any law enforcement officer with jurisdiction in the COOllty sball have lIuthority to
enforce the terms and provisions of tMs ordinance.
SECTION lV. lJURAUON
This Emergency Ordilllll\ce shall remain inllffllct for seventy-five (75) days from the date of
mtmment un1eu lWdifled. ex\tll4ell or mcinlled byfillt!lef lICtiOlI 01 tile Board of COUllI)'
Commissionel1l.
SECTION V. PROHIBITIONS
It shall be UtIlawful for .any person tn <et fire to or ""11114' fire to be <et tn any forest, gt'!IS$land, wild
llU'lds, nUll1lhes, vegetation, or land in lID urlmn or rurallltllll including but not litniUJd to, pile burning,
building a cantptire, II bonfire, bullli:ns yard trlISlI, butnins household garbage, refuse, or other debris
throughout Monroe County unless authorizittion is obtlIined uornthe Department of Agriculture,
Division of Forestry.
SECTIO~ VI. 011JER. PROHIBITIONS
In addition to the prohihition on open humlllll specified in Section V of this ordinartce. no pel1lon or
entity may sell, give, tmnsfer, discharge, or cause tn be discharged:
A. fireworks, (as defined in Section 791.01, Florida Statutes);
B. Sparklel1lllpproved IJythe Division. of State Fire Marshalot'tbe Department of
Insuranee purstlllllt to Section 791.013, Florida Statutes;
C. Trick "oi~.kers and novelties as listed in Section 791.0 1 (4)(c ), Florida Statutes;
or
D. Flares, except that nothing herein contained shall prohtbit tile lawful use of
marine 11_ JlW'SUlIIltto 33 cm l75.140.
I:L The prOOll>itiQII agai..st ~ of lighted substances. pur'SUlIIlt to fla. Stllt,
59U.l () reIIIllms in effect. lllId it sball remain unlawful to throw. drop, or dispose of a
lighted match, cilll'rette, Cisar, ashes, or other flaming or g1Qwing substa.nce, or lIDy SIlWllm\lf
or thing which mayor does cause a wildfire.
SECTJON VII. EXCEfTIONS
Nothing herein 00Iltllined in this ordinlllK:e shall be construed to prohibit
1 . lawfUl activities involving incendiary devices, fire or flame in controlled industrial or
commercial processes for which permits bave been issned or if no permit is issued take place in a
oontrolled environment such lIS to make it unlikely that snehineendiary, flame, or heat generating
device will cause lIDV type of wildfire or be a danger outside of the premises where the I'mc,oollre Of
process is being used;
2. residential outdoor cooking provided th; same is done on a suitable piece of
equipment designed tn contain the tll'C, flame and hoot generated thereby and provided that lI/l
operable, dedicated source of domestic water ""g. a fUnctioning J!llFden hose or It 10 lb. multipurpose
flre extinguisher is located within reac/l of but no tJuther tIwt fitteen (15) feet of the flame;
3. any other procedure or process. genenning heat, fIalI!e, or fire that would IIOtIlIaIly be
a hazard but for the t'act llutt It local, stale, or federal government has issued It permit fur sneh activity;
4. any duly existing or coostituted fire department cooducdog training exercises
involving open fire or flame solely for training J>lIlPll5es under conlrolled conditions; or
5. holiday fIreworks displays. provided the orgllnimrs of said display have obtained al!
appropriate permits llnd approvals from the local government lIaving jurisdictiono"e, the site of tile
l .1' ....
SECTION vm. PENALTIES
Any v iolatioo by any person of IIlIY requirement or provision of tIlis ordinance shall lie prosecuted in
tile same manner as misdemeanors are prosecuted. Upon conviction, any person violating any
requirement or provision of tIlis ordinance shall lie punished by a fme not to exceed five hoodred
($500.00) dollars or by imprisooment in the County jail not lQ ex\leed sixty ((;0) days or by both slIcll
fill" and/or imprisonment.
511CTIONIX. SEVERABlLrlY
It is declared to be the intent of tbe Board of Coooly Commissioners tbat tile provisions of this
ordinance are severable, and if any clause, sentence, section, or other part of this ordinance should be
found to be invlllid, SlICb invlllidity shall not affect the remaining provisions and the remaining
provisions shall remain in full force and effect.
SECTION XI. EFFECTIVE DATE
This Ordinance shall become effective as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Counly, Florida, at
the regular meeting of the Board on the 16' day of May, 2006.
Mayor Charles "Sonny" McCoy
Commissioner George Neugent _
Commill$ioner David P. Rice
Commissioner Dixie Spehar
Commissioner for Dist. 5 V lICmlt
(Seat)
Attest: nANNY r. KOLHAGE., Clerk BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:__
DEPUTY CLERK
BY, , _
Mayor Charles "Soony" McCoy
MONRO! COUNTY ATTORNEY
~VEDASTOFp~
~iV
NATILEENE W, CASSEL
Da~SS'ST"'Jfr~'Jd.tTTOflNEY