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ORDINANCE NO. 98-0-06
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA,
REPEALING EMERGENCY ORDINANCE 98-0-04 DECLARING A
CITYWIDE BAN ON OPEN AIR BURNING AND FIREWORKS BY THE
PUBLIC DURING THE 1998 FOREST AND BRUSH FIRE EMERGENCY IN
ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION.
WHEREAS, on June 24, 1998, the City Council adopted Emergency Ordinance No. 98-0-04
at first reading; and
WHEREAS, the Ordinance was to remain in effect until termination of the Governor's forest
and brush fire State of Emergency along with recommendation for repeal from the Edgewater
Department of Fire and Rescue Services; and
WHEREAS, the Governor has lifted the ban on burning and the Division of Forestry has
resumed issuing authorizations for controlled burning for land clearing debris; and
WHEREAS, the Department of Fire and Rescue Services acknowledges the reduction in fire
danger and recommends repeal of Emergency Ordinance
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater,
Florida as follows:
PART A.
REPEAL EMERGENCY ORDINANCE NO. 98-0-04 IN ITS
ENTIRETY
1. Emergency Ordinance No. 98-0-04 banning open air burning and public fireworks during
the 1998 Forest and Brush Fire Emergency is hereby repealed in its entirety.
That the: City Cm:mdl of the City of Edgcviatcr hereby dcc1M"cS that
so long as the Covernor's State of Emergency and this Ordinance
rcma-in in cff-cet:
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2. The gencnll public shalll'i6t eORduet any opeR mr burning (inclttding bORfircs), trash
bl.iffling aftd afty other similar outdoor incineration;
3. The general public shall not igRite sparklers or fire'..'wrks of afty kind out of doors;
4. The geReral public shall be requested to refrain from otttdoor cooking;
5. Edgewater Fire Rescue hereby eafteels its fircNorks display which had been
sehedaled to eeloorate the 50th amliversary of the Yolunteer Fire Rescue Service in
Edge'.vater;
6. Edgewater Fire Rescue aftd other public safety personnel arc directed to publicize the
dangers aftd inform the citizeRs of Edge'.vater abott1: the city 'Nide baft OR opeR air
burning aftd fire'Norks during this State of Emergency and particularly during the
:HHy-4th IfldependeRce Day celebration; and
7. The EdgC'.....ater Police Depa:rt1l1ent and other lay; enforecment officials, agents oftne
State Fire Marshall and the Florida Division of Forestry are empo......ered to
specifically enfofee the laws pl'OhibitiRg open fires aftd the use of sparklers aftd other
fireworks dttring this period of declared emergency.
PARTB.
CODIFICATION.
Provisions of this 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 C.
EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption.
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PART D.
ADOPTION
After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on September 10, 1998, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
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 September, 1998.
ATTEST:
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98-0-06
CTTV COHNCH, OF THE.
APPROVED FOR FORM
AND CORRECTNESS:
24&.. Cam' =--
Nikki Clayton
City Attorney