2000-O-13
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ORDINANCE NO. 2000-0-13
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW A TER, FLORIDA,
DECLARING A CITYWIDE BAN OF THE SALE AND USE OF
FIREWORKS BY THE PUBLIC DURING THE 2000 SEVERE DROUGHT
EMERGENCY; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the Commissioner of Agriculture of the State of Florida has made a Declaration
of Severe Drought Emergency on May 17, 2000, declaring that a state of emergency exists
throughout the State of Florida because of the extended drought and the resulting potential for
wildfires; and
WHEREAS, the Commissioner of Agriculture's order recognizes the extreme potential for
more fires that threaten life and property; and
WHEREAS, counties across the State have experienced losses 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 bum potential; and
WHEREAS, the Edgewater Fire Department Staff advises that the risk of further forest and
brush fires is high given weather conditions; and
WHEREAS, the Edgewater Fire Department Staff recommends that City Council prohibit
the sale and use of personal fireworks due to the high risk conditions, during this emergency; and
WHEREAS, the Edgewater Fire Department Staff recommends that the only firework
exception should be July 4th firework display which are specifically approved by local fire authority
having jurisdiction; and
WHEREAS, the Edgewater Fire Department Staff recommends that City Council urge all
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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 the sale and use of personal 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 RESOLVED 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:
1. No personal fireworks shall be sold within the City limits of the City of Edgewater
during this declared severe drought emergency;
2. The general public is directed not to ignite fireworks of any kind during the declared
severe drought emergency, including sparklers;
3. Only firework displays specifically approved by the local fire authority having
jurisdiction are excepted from this proclamation;
4. The Edgewater Fire Department Staff and other public safety personnel are directed
to publicize the dangers and risks associated with open burning and igniting
fireworks as well as directing citizens not to do any open burning or to ignite
personal 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
enforce the laws governing open fires and the use of fireworks, including sparklers
during this period of declared emergency.
PARTB.
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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PART C. SEVEN BILITY 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.
PARTD. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption and shall remain in effect
until the severe drought emergency is terminated by the Florida Department of Agriculture and
Consumer Services and with concurrence and recommendation of the Edgewater Fire Department
Staff, or for a period not to exceed one (1) year.
PART E. ADOPTION
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on
reading of this emergency ordinance held on June 5, 2000, was as follows:
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PASSED AND DULY ADOPTED this 5' day of June, 2000.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:dti�/�
Donald A. Schmidt
Mayor
Legal Revi
2000.0-13