06-24-1998 - Special
. 9HE CITY OF ED9EWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Votina Order
Mayor Allman
Councilman Gornto
Councilman Hammond
Councilman Roberts
Councilwoman Lichter
June 23, 1998
To All Members of the City Council:
I hereby call a Special Meeting of the City Council for Wednesday,
June 24, 1998, at 5:00 p.m. in the Community Center to consider adopting
an emergency ordinance which would ban purchase or sale of fireworks and
all open air burning.
L
- ~ ()~~
CITY:CLER~ .
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to
any matter considered at a meeting or hearing, that individual will need a record of the proceedings
and will need to insure that a verbatim record of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in
any of these proceedings should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the
meeting.
:Iizm
a:\spmt623.98
ORDINANCE NO. 98 -0 -04
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, 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 fires have caused injuries to citizens and firefighters and damaged
property across the State and throughout Volusia County; and
WHEREAS, the National Weather Service forecasts that extremely dry weather conditions
which have created a high fire 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 50 anniversary of the City's volunteer Fire -
Rescue Service.
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98 -0 -04
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the 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 bonfires), trash
burning and any other similar outdoor incineration;
2. The general public shall not ignite sparklers or fireworks 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 fireworks display which had been
scheduled to celebrate the 50 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
4 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 fires and the use of sparklers and other
fireworks 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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98 -0 -04
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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.
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.
PART F. ADOPTION
After Motion by and Second by , the vote on the first reading
of this emergency ordinance held on , 1998, was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
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98 -0 -04
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PASSED AND DULY ADOPTED this day of , 1998.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
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98 -0 -04
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