§ 58-1. Outdoor burning and use of incendiary devices.
(a)
Title and definitions.
(1)
Title. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance".
(2)
Definitions.
a.
"Fireworks" means and includes any combustible or explosive composition or substance or combination of substances as defined in F.S. § 791.01. "Fireworks" does not include sparklers approved by the Division of the State Fire Marshal of the Department of Financial Services.
b.
"Open Burning" means any outdoor fire or open combustion of material that produces visible emissions.
c.
"Trash" means any discarded material.
d.
"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.
e.
"Yard Waste" means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, grass clippings, palm fronds, and brush. It does not include land clearing debris or tree cutting debris.
(b)
Declaration of Local Emergency. The Collier County Board of County Commissioners ("Board"), convened in regular session, hereby declares and ordains that a local emergency exists within Collier County, Florida, requiring immediate measures to protect the public health, safety and welfare, and to protect real and personal property in Collier County. This Ordinance is adopted after public hearing pursuant to, and in accordance with F.S. § 125.66(3).
(c)
Purpose and Intent. The purpose of this Ordinance is to limit fire hazards in Collier County on an emergency basis during periods and conditions of extreme drought by regulating the use of outdoor ignition sources in order to protect the public health, welfare and safety and to reduce the risk of loss and damage to real and personal property. This Ordinance shall be applicable upon the Board declaring a state of local emergency by subsequent resolution as set forth below. This Ordinance shall be suspended at all times when the Board has not declared by resolution that a state of local emergency exists. This Ordinance is further adopted to effectuate a mechanism whereby the Board can act relatively quickly to rapidly changing drought conditions.
(d)
Jurisdiction and Enforcement. The areas subject to this Ordinance shall be all the unincorporated areas of Collier County, Florida. The sheriff and any other law enforcement officers as defined by general law with jurisdiction in the County, and designated Collier County code enforcement officers, shall have the authority to enforce the terms and provisions of this Ordinance and any approved County Resolution implementing this Ordinance.
(e)
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.
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 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 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 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.
(f)
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 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 F.S. § 590.015. 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.
(g)
Publication. Within a reasonable time after adopting such Resolution, the County Manager shall notify the public by radio, television, and electronic media of the applicability of this Ordinance and any subsequent implementing Resolutions.
(h)
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 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.
(i)
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.
(Ord. No. 2009-23, §§ 1—9; Ord. No. 2013-22, §§ 1—6)