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HomeMy WebLinkAbout1034-06 BURN BAN ORDINANCE NO. 1034-09 AN ORDINANCE OF THE CITY COUNCIL O THE CITY OF ZEPHYRHILLS, FLORIDA, TITLED "THE EMERGENCY DROUGHT FIRE HAZARD ORDINANCE" PROVIDING FOR THE REGULATION OF BURNING WITHIN THE CITY LIMITS OF ZEPI1YRHILLS DURING CONDITIONS OF DROUGHT; PROVIDING FOR TITLE, PROVIDING FOR ENACTMENT AND PROVIDING FOR JURISDI-C TION; PROVIDING FOR PURPOSE, INTENT, AND IMPLEMENTATION; PROVIDING FOR PROHIBITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for the past several months: Zephyrhills and Pasco County have had a significant rainfall deficit leading to draught like conditions in the City; and WHEREAS, these drought like conditions have greatly affected vegetation in the City and County by making it very susceptible to wildfires; and WHEREAS, although the Commissioner of Agriculture has t,ot officially declared a severe drought emergency in Pasco County or the City of Zephyrhills, one does exist creating fire hazards throughout the City and County; and WHEREAS, during the last several weeks there has been an i crease in wildfires; and WHEREAS to avoid a conflagration until drought conditions end and to lessen the extreme fire hazards which exist in the City and County, the City Council of Zephyrhills, Florida, finds that it is in the public's best interest, health, safety, and welfare to enact this ordinance regulating burning in the City. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF ZEPHYRHILLS,FLORIDA,AS FOLLOWS: SECTION 1. TITLE. This ordinance shall be known as "The Emergency Drought Condition Fire Hazard Ordinance." SECTION II. ENACTMENT AND AUTHORITY. This ordinance is adopted in accordance with and pursuant to the authority of Chapter 166 of the Florida Statutes. SECTION III. EMERGENCY WAIVER OF NOTICE. It is hereby declared that the public's need for adoption of this ordinance is so immediate and urgent as to constitute an emergency. This ordinance shall take effect in accordance with the emergency ordinance provisions of Section 166.041 of the Florida Statutes (1999). Notice as otherwise required by the Florida Statutes is hereby waived by a two-thirds (2/3) vote of the membership of the City Council declaring that an emergency exists and that the immediate enactment of this ordinance is necessary. SECTION IV. JURISDICTION: The areas subject to this ordinance shall be all the City Limits of Zephyrhills, of Pasco County Florida. Any law enforcement officer or code enforcement offlcer with jurisdiction in the City shall have the authority to enforce the terms and provisions of this ordinance. SECTION V. PURPOSE,INTENT,AND IMPLEMENTATION. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 This ordinance is adopted with the intent to limit fire hazards in Zephyrhills during periods and conditions of extreme drought. The provisions of this ordinance shall be implemented by resolution of City Council declaring a drought emergency. The provisions of this ordinance shall be enforced as required until by like resolution the City Council declares a drought emergency no longer exists. SECTION VI. PROHIBITION. It is unlawful for any person to set fire to or cause fire to be set to any forest, grassland, wildiands, marshes, vegetation, or land in an urban or rural areas including agriculture, Silva culture, and pile burning or to build a campfire, bonfire, bum yard trash,household garbage,refuse, or other debris within the incorporated areas of Zephyrhills unless a written permit is obtained from the Zephyrhills Fire Marshal's Office. SECTION VII. OTHER PROHIBITIONS. Besides the prohibition on open burning specified in Section VI of this ordinance,no person or entity may discharge, or cause to be discharged, any fireworks as defined in Chapter 791 of the Florida Statutes, 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 Section 590.015, Florida Statutes. Further,the Council 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. SECTION VIII. EXCEPTIONS. 1. Nothing herein contained in this ordinance 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. 2. 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. 3. 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. 4. 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. 5. The provisions of this ordinance 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 IX. - PENALTIES. Any violation by any person of any requirement or provision of this ordinance shall be prosecuted by 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 imprisonment. SECTION X. SEVERABILITY. It is declared to be the intent of the City Council that the provisions of this ordinance are severable, and if any 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. INCLUSION IN CODE. It is the intent of the City Council that the provisions of this Ordinance shall become and be made a part of the Zephyrhills Land Development Code, and that the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article" "regulation,"or such other appropriate word or phrase in order to accomplish such intentions. SECTION XI. EFFECTIVE DATE This ordinance shall take effect upon passage by the City Council and signing by the Mayo . The foregoing Ordinance No.1034-09 was read and passed as an eiergency Ordinance in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 9th day of March,2009. Attest: Lin a Do 'City City Clerk uis . Lopez, unci esident The foregoing Ordinance.No. 1034-09 was approved by me this 9t day of March, 2009. W. Cliff D' ffie, or Approved as to legal form and legal content for the reliance of the City of Zephyrhills only: 2J07KA. Poblick, City Attorney