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81-O-42'/-ssx ORDINANCE NO. _ AN ORDINANCE ENACTING BURN CONTROL PROVISIONS FOR THE CITY OF EDGEWATER, FLORIDA: PROVIDING DEFINITIONS, PROHIBITING BURNING UNDER CERTAIN CONDITIONS, AND REQUIRING A BURN PERMIT TO BE /S 8 ISSUED BY THE FIRE DEPARTMENT, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,FLORIDA: SECTION 1. Short Title: Burned Control Ordinance. SECTION 2. Definitions. As used in this Section, the follow- ing terms shall have the following meanings: a. "Trash" shall mean all accumulations of grass, trees, shrubbery or weed cuttings, pine needles, and other refuse incident to care of lawns, shrubbery, vines, trees and gardens. The term "trash" shall not be taken to include used or broken appliances, furn- iture, bedding, building materials, lumber, logs or other material of like nature more than four feet in length. b. "Natural Cover" shall mean trees, brush, roots and other by-products of land clearing activity. C. "Fire Department" shall mean the Edgewater Volunteer Fire Department. SECITON 3. Permit Required. No person shall kindle or main- tain any bonfire., trash fire, or authorize any such fire to be kindled or maintained on any public street, alley, road, or other public ground without a permit from the Fire Department. During construction or demolition of buildings or structers, no waste mat- erials or trash shall be disposed of by burning on the premises or in the immediate vicinity without having obtained a permit from the Fire Department. No person shall kindle or maintain any fire of natural cover without a permit first being obtained by the Fire Department. SECTION 4. Burning Restrictions. No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on any private land without first having obtained a per- mit from the Fire Department. Nor shall any fire be kindled or main- tained in any outdoor container unless such container has been approv- ed by a permit issued by the Fire Department. The burning of garbage or refuse that smolders or gives off obnoxious odors is prohibited. SECTION 5. Cooking Exempted Nothing in this ordinance shall prohibit or restrict a fire for the purpose of cooking or bar-b-queing provided that said fire is supervised by an adult and does not other- wise constitute a hazzard. SECTION 6. Chief May Prohibit. The Chief of -the Fire De- partment may prohibit any and all bone fires, trash fires, land clearing fires, and any other fires when atmospheric conditions or local cir- c=stances make such fires hazfardous. SECTION 7. Condition for Open Burning of Trash And Natural Cover: Open burning of trash, and natural cover may be permitted by the Fire Department when it is determined that: (a) the weather con- ditions will allow the escape of smoke andfire by-products without being ahaz and or nuisance to surrounding citizens or property. NSP�Gy+tNf bF i,tc Py NA, 4,m Jw hefi/tiO-4 AeAaA4*.f4 ^w T"tt 7Abt PUAc, 45 (b) The location, amount and nature of these materials, when burning, present no health or safety hazzardsstto they surrounding citizens or their property. I t4ee (c) The time of day that materials may be burned and when they must be extinguished must be established by the Fire Chief based upon the considerations set forth herein. SECTION S. Permit Required: A burning permit mugt be se- cured from the Fire Department pticr to each burn and shall be�bject to such conditions that are imposed by the Fire Department pursuant to this Ordinance. In addition to the offender being subject to punish- ment as provided herein, any violation of the conditions of the burn permit, or any provisions of the section shall be cause for revocation of said permit and may be considered as a basis for denial of subse- quent applications where such violations have been determined by the Fire Chief to have constituted a public hazzard. SECTION 9. Permits: All burning permits shall be issued in accordance with the State of Florida, Department of Environmental Regulations Rules as well as those for the State of Florida Forestry Service. For the purpose of administration of this Ordinance the Fire Chief may appoint Burn Control Officers to issue burn permits. All burn permits must be displayed by the permitee on the site of the burn. The Ordinance was introduced by Mr. w Dy i The Ordinance was read in full and approved by a two thirds vote of the City Council of the City of Edgewater at a regular meeting thereof held on the day of ,1981, and authenticated asprovided by law. Roll Call Vote as Follows: $1-o-ya a ATTEST: FIRST READING: SECOND READING: Y' liJ Y i AM syed-this ay ' of Mayor i This Ordinance prepared by: WM. CLAY RENDERSON City Attorney Councilman Councilman Councilman Councilman