99-O-09
-~
~
...
ORDINANCE NO. 99-0-09
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA, DECLARING A CITYWIDE BAN ON OPEN AIR
BURNING AND THE USE OF FIREWORKS BY THE PUBLIC DURING
THE 1999 FOREST AND BRUSH FIRE EMERGENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the Governor of the State of Florida issued Executive Order Number 99-88 on
April 12, 1999, declaring a State of Emergency exists throughout the State of Florida due to the
extended drought and the resulting potential for wildfires; and
WHEREAS, the Governor's order recognizes the extreme potential for more fires that
threaten life and property; and
WHEREAS, counties across the State have experienced loss and damages to real and
personal property; and
WHEREAS, the National Weather Service predicts that extremely dry weather conditions
have created a high fire danger and the weather forecasts show a continuing high burn potential; and
WHEREAS, Edgewater Fire/Rescue advises that the risk of further forest and brush fires
is high given weather conditions; and
WHEREAS, Edgewater Fire/Rescue recommends that City Council urge all members of the
public not to do any open burning, including bonfires, and trash burning, or to ignite any fireworks,
including legal sparklers, due to high risk conditions, during this emergency; and
WHEREAS, Edgewater Fire/Rescue recommends that the only firework exception should
be the July 4, 1999, firework display which is specifically approved by local fire authority having
Strtle:k thf6t1gfl passages are deleted.
Underlined passages are added.
99-0-09
1
V'
..,
jurisdiction; and
WHEREAS, Edgewater Fire/Rescue recommends that City Council urge all members of the
public to make the effort to reduce any hazards on their property that may contribute to the spread
of brush fires; and
WHEREAS, eliminating open burning and not igniting fireworks during this period will
lessen the risk of forest and brush fires, and thereby further reduce the risk of harm to human life and
property.
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 is directed not to do any open burning, including any bonfires,
trash burning and any other similar open incineration;;
2. The general public is directed not to ignite fireworks of any kind, including sparklers;
3. Only firework displays specifically approved by the local fire authority having
jurisdiction are excepted from this proclamation;
4. Edgewater Fire/Rescue and other public safety personnel are directed to publicize the
dangers and risks associated with open burning and igniting fireworks and directing
citizens not to do any open burning or to ignite even legal fireworks;
5. The Edgewater Police Department and other law enforcement officials, agents of the
State Fire Marshall, the Florida Division of Forestry, are empowered to specifically
Strtlck thr8tlgn passages are deleted.
Underlined passages are added.
99-0-09
2
enforce the ~s governing open fires and the use of ~works, including sparklers
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.
PART C.
SEVERABILITY 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.
CODIFICATION.
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.
PARTE.
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 by the Governor's Office and upon concurrence and
recommendation of Edgewater Fire/Rescue Department, or for a period not to exceed one (1) year..
Stmek thr61:lgh passages are deleted.
Underlined passages are added.
99-0-09
3
PART F. ADOPTION
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
first reading reading of this emergency ordinance held on April 19, 1999, was as follows:
Mayor Randy G. Allman AYE
Councilman Jim Gornto AYE
Councilman Myron F. Hammond AYE
Councilman Gary W. Roberts ABSENT
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 19th day of April, 1999.
ATTEST:
Susan J...Wadsworth
-- City Clerk
fl
6MrekeMaugh passages are deleted.
Underlined passages are added.
9&0-09
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
APPROVED FOR FORM
AND CORRECTNESS:
�y
Nikki Clayton
City Attorney