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99-O-17 /' .., ...., EMERGENCY ORDINANCE NO. 99-0-17 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA, REPEALING EMERGENCY ORDINANCE 99-0- 09 DECLARING A CITYWIDE BAN ON OPEN AIR BURNING AND THE USE OF FIREWORKS BY THE PUBLIC DURING THE 1999 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 April 19, 1999, the City Council adopted Emergency Ordinance No. 99-0- 09 at first reading; and WHEREAS, the Ordinance was to remain in effect until termination of the Governor's Executive Order #99-88 declaring a State of Emergency along with recommendation for repeal from the Edgewater Department of Fire and Rescue Services; and WHEREAS, the Governor has lifted the Executive Order declaring a State of Emergency 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 the Emergency Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council ofthe City of Edgewater, Florida as follows: PART A. REPEAL EMERGENCY ORDINANCE NO. 99-0-09 IN ITS ENTIRETY Emergency Ordinance No. 99-0-09 banning open air burning and use of fireworks by the public during the 1999 Forest and Brush Fire Emergency is hereby repealed in its entirety. Stflu:k throl1gk passages are deleted. Underlined passages are added. 99-0-17 1 1. The gencrall'blic is directed not to do Bft)' open b~ing, ineluding any bonfires, trash b1:1l'fting Mid 8fi)' other similar open incineration; ,. 2. The general pllblic is directed not to ignite fire\vorh of MT)' kind, inelttding sparklers; 3. Only fire'vvork displa)'s specifically appl'6'..ed by the local fire attthority ha...ing jtlrisdietion are cxeepted from this proclamation; 4. Edgewater Fire!R.esetlc and other ptlblie safety personnel are directed to publicize the dMigers 8:ftd risks 8.8sociated 'V'iith open bttming Mid igniting fircworks Mid directing citizens not to do Bft)' open bttming or to ignite cven legal fire'v'lorh; 5. The Edgewater Police Department Mid other law enforcement officials, agents of the State Fire Marshall, the Florida Di...ision of Forestry, arc empowered to specifically enforce the laws goveming open fires Mid the tlSC of fircworks, incltlding sparklers dtlring this period of declared emergency. PART B. 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. PART D. ADOPTION After Motion by Councilman Gornto and Second by Councilman Hammond, the vote on the first reading ofthis ordinance held on June 21, 1999, 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 Strl:lek tftr8t1gfl passages are deleted. Underlined passages are added. 99-0-17 2 PASSED AND DULY ADOPTED this 21st day of June, 1999. ATTEST: St nek 0 veogh passages are deleted. Underlined passages ere added. 99-0-17 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA r ;ry1�// ��AS0%/ii isMayor RaV G. APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney