2000-O-09
.......
.....,.
ORDINANCE NO. 2000-0-09
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; TO AMEND CHAPTER 10
(HEAL TH AND SANITATION) BY REPEALING ARTICLE VI
(BURNING OF GARBAGE, TRASH, BRUSH, ETC),
SECTIONS 10-101 (DEFINITIONS), 10-102 (BURNING OR
BURYING GARBAGE, OTHER REFUSE), 10-103 (BURNING
OF TRASH AND GROUND COVER), AND 10-104 (BURN
PERMIT REQUIRED) OF THE CODE OF ORDINANCES,
CITY OF EDGEW A TER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Article VI (Burning of Garbage, Trash, Brush, Etc.) of Chapter 10 (Health and
Sanitation) of the City of Edge water Code of Ordinances was enacted in 1999 during the emergency
(wildfires) conditions and should now be incorporated into Chapter 21 (Fire Department - Fire &
Hazard Prevention) which will incorporate all sections relating to the Fire Department and fire
related issues.
2. In an effort to preserve the safety of our residents, it would be in the best interests of
the citizens of Edgewater to repeal this Article in its entirety and enact a new Chapter relating to the
Fire Department and Prevention.
Stl nck till ongh passages are deleted.
Underlined passages are added.
2000-0-09
....
...",
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
REPEAL ARTICLE VI (BURNING OF GARBAGE, TRASH, BRUSH,
ETC.) OF CHAPTER 10 (HEALTH AND SANITATION) OF THE
CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA, IN
ITS ENTIRETY.
Article VI (Burning of Garbage, Trash, Brush, Etc.) of Chapter 10 (Health and Sanitation)
is hereby repealed in its entirety.
ARTICLE VI. BURNING OF GARDAGE, TRASH, DRUSH, ETC.
Sec. 10-101. Definition5.
The definitions contained in Chapter 10, Artide V, shall be ineOJporated herein and apply
to the pr 0 v isions of this article.
SeL10-102. BUlnillg 01 bUl)'ing galbage, othel lefu5e.
No garbagc, trash, blUSh, natural cover OJ otherrefme shall be burned cxcept as provided in
section 10-104 of this Code, and no garbage s11all be buried within thc City.
Sec. 10-103. DUllling of tI a5b And glound COlle!.
Conditions fo! open btl111ing o/flash and natw af Wile!. Open burning oftrash, blUsh, and
liatural cOver (as a result of land dearing) may be pcrmitted by the fire department wheli it is
determined that.
(1) The weather conditions will allow the escape of smoke and file by-products without
being a haz:ald or nuisance to the sunotl1lding eitiz:ens or thEil property.
(2) The location, amount and nature of these materials, when burning, present no lrcalth
or safety hazar ds to the sun ounding citizens OJ theil pr opel ty .
(3) The time of da;; that mater ials llla;; be burned and ~ hen they must e extinguished will
be established by the fire chief bascd upon the considerations set forth herein and
those safety practices deemed necessary based on standard file procedures.
Sec. 10-104. DUI11 pel mit I equiI ed.
A burning permit must be securcd from the fire department prior each burn and shall be
StJ tick tlllOtlgh passages are deleted.
Underlined passages are added.
2000-0-09
2
....
,..."
subject to such conditions as ate imposed by the fire depaltment pursuant to 5eetion 10-103 hereof.
Any violation of the conditio115 of the bum permit 01 of any provi5ion ofthi5 5eetion shall be eaU5e
rolrevoeation ofthe permit and may be con5idered fOl pl05eetrtion a5 a code violation, mi5denleanol
01 a5 a ba5i5 f'Ol denial of ~mb5equent applieatiol15 where such violations have bc:cn determined by
the fir e chief 01 his designee to ha v c constituted a public hazro d. A fee w ill be aS5e55cd to co v C1 tk
costs of i5suancc of each permit. Said fee will be e5tablished flom time to time by le50lution of the
city council.
PART B.
CODIFICATION.
Provisions ofthis ordinance shall be incorporated in the Code of Ordinances ofthe City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART C. 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 D. 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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
StltlGk tit! otlg,l. passages are deleted.
Underlined passages are added.
2000-0-09
3
'-"
"'"
PART F. ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on April 3, 2000, was as follows:
Mayor Donald A. Schmidt
AYE
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Lichter
AYE
After Motion by Counci 1 woman Rhodes and Second by Counci 1 man Vi ncenz i
, the vote
on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
AYE
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Lichter
AYE
Stltlck tlileltlgh passages are deleted.
Underlined passages are added.
2000-0-09
4
PASSED AND DULY ADOPTED this 171h day of April, 2000.
ATTEST:
StxkMrengh passages are deleted.
Underlined passages are added.
2000-0-09
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
11C2.tSi�ftir dt
Robin L. Matusick
Legal Assistant