98-O-04
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ORDINANCE NO. 98-0-04
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA, DECLARING A CITYWIDE BAN ON OPEN AIR
BURNING AND FIREWORKS BY THE PUBLIC DURING THE 1998
FOREST AND BRUSH FIRE EMERGENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION
AND CODIFICATION.
WHEREAS, the Governor of the State of Florida issued Executive Order Number 98-141
on June 7, 1998, declaring a State of Emergency due to the forest and brush fires that threaten life
and property throughout the entire State; and
WHEREAS, the Governor's order instituted a ban on burning authorizations statewide; and
WHEREAS, these fues have caused injuries to citizens and firefighters and damaged
property across the State and throughout V olusia County; and
WHEREAS, the National Weather Service forecasts that extremely dry weather conditions
which have created a high fue danger will continue into July, 1998; and
WHEREAS, Edgewater Fire-Rescue advises that because of weather conditions, the risk of
forest and brush fires in Edgewater are dangerously high; and
WHEREAS, Edgewater Fire-Rescue recommends that the City Council adopt an Emergency
Ordinance which prohibits members of the public from any open air burning, including bonfires and
trash burning, and prohibits use of any fireworks, including legal sparklers and requests citizens to
refrain from outdoor cooking because of the high risk conditions, during this emergency; and
WHEREAS, because of the emergency, Edgewater Fire-Rescue will cancel its fireworks
display which had been scheduled to celebrate the 50th anniversary of the City's volunteer Fire-
Rescue Service.
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NOW, THEREFORE, BE IT ORDAINED by the City Council ofthe City of Edgewater,
Florida as follows:
PART A.
That the City Council of the City of Edgewater hereby declares that so long
as the Governor's State of Emergency and this Ordinance remain in effect:
1. The general public shall not conduct any open air burning (including bonfrres), trash
burning and any other similar outdoor incineration;
2. The general public shall not ignite sparklers or frreworks of any kind out of doors;
3. The general public shall be requested to refrain from outdoor cooking;
4. Edgewater Fire-Rescue hereby cancels its frreworks display which had been
scheduled to celebrate the 50th anniversary of the Volunteer Fire-Rescue Service in
Edgewater;
5. Edgewater Fire-Rescue and other public safety personnel are directed to publicize the
dangers and inform the citizens of Edgewater about the city-wide ban on open air
burning and fireworks during this State of Emergency and particularly during the July
4th Independence Day celebration; and
6. The Edgewater Police Department and other law enforcement officials, agents of the
State Fire Marshall and the Florida Division of Forestry are empowered to
specifically enforce the laws prohibiting open frres and the use of sparklers and other
frreworks during this period of declared emergency.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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PART C.
SE~RABILITY AND APPLICABILITY~
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICA TION.
Provisions of this emergency ordinance shall not be codified in the Code of Ordinances of
the City of Edgewater, Florida, but shall be recorded in the Official Records of the City Clerk of
Edgewater.
PART E.
EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption by a two thirds (2/3rds)
vote of the entire City Council and shall remain in effect until the Governor's forest and brush fIre
State of Emergency is terminated and the Edgewater Fire-Rescue Department recommends to City
Council that this Ordinance be repealed.
PARTF.
ADOPTION
After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on the
fIrst reading of this emergency ordinance held on June 24, 1998, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
ABSENT
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 24th day of June, 1998.
ATTEST:
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98-0-04
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Ra4(dy G. Allman
Mayor
APPROVED FOR FORM
ANNDDCORRECTNESS:
Nikki Clayton
City Attorney