85-O-11ORDINANCE NO. 85-0-11
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV,
FIRE PREVENTION CODE OF THE EDGEWATER CODE OF
ORDINANCES BY PROHIBITING ALL OUTSIDE BURNING AS
FROM TIME TO TIME AMENDED; EXCEPTING OUTDOOR FIRE
FOR COOKING PURPOSES; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING FOR ENFORCEMENT; CONTAINING
A REPEALER PROVISION; A SEVERABILITY CLAUSE; PRO-
VIDING FOR EMERGENCY ADOPTION AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, an unabated drought has created hazardous conditions
causing outdoor fires which have destroyed millions of dollars worth
of homes in Volusia County and threatened portions of the City of
Edgewater, and
WHEREAS, these fires are an extreme danger to the life,
health, safety and welfare of the citizens of the City of Edgewater
and will continue to be a hazard until the drought conditions are
abated in the area, and
WHEREAS, the Citizen Code Enforcement Board, at their May
30, 1985 meeting, recommended that the City Council of the City
of Edgewater consider an emergency ordinance on the subject, and
WHEREAS, the City Council at their regular meeting of June
3, 1985 considered this recommendation and determined that an
emergency ordinance banning all outside burning is essential and
directed the City Attorney to prepare an emergency ordinance on
the subject;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. The term "fire" as used in this ordinance shall
not be construed to mean or include a fire in a furnace, stove,
boiler or fireplace.
SECTION 2. No person, firm or corporation shall burn Q,
any wood, trash, brush, papers, rubbish, leaves or garbage out of p�£n➢i 0,H
bgr
doors anywhere in the City of Edgewater. This section shall not
prohibit the use of outdoor barbeque grills for cooking purposes. O R R,�,k'
P!✓RN P✓R50ANT To A Pr-'Zm?r 135veV (jY THL FIR£ GHI BF OR A$115rANT GNIFI-
SECTION 3. No person shall kindle or maintain any bonfire
or authorize any such fire to be kindled or maintained on or in v
any public street, alley, road or other public ground within
the City of Edgewater.
SECTION 4. No person shall kindle or maintain any open
fire or authorize such fire to be kindled or maintained on any
private land, nor shall any fire be kindled or maintained in any
outdoor container within the City of Edgewater.
SECTION 5. Any person violating any provision of this
ordinance shall be issued a Notice to Appear Summons in the form
and manner prescribed by Section 901.28, Florida Statutes, and
shall appear in the County Court in and for Volusia County, Florida,
where he shall be tried, and if convicted shall be punished by a
fine of not more than five hundred dollars ($500.00) or by imprison-
ment not exceeding sixty (60) days. Each day any violation of this
ordinance continues shall constitute a separate offense. In add-
ition to the above penalty, any person convicted of violation of
any provision of this ordinance shall be assessed for and shall pay
the expense of extinguishing said fire.
SECTION 6. The City Fire Department, Police Department and
Citizen's Code Enforcement Officer shall, in connection with their
duties imposed by law, diligently enforce the provisions of this
ordinance and shall have the authority to order any person acting
in violation of this ordinance to cease and desist immediately.
SECTION 7. All ordinances, parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed.
SECTION B. If any section, part of a section paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
SECTION 9. This ordinance is hereby declared to be an emergency
measure on the ground of urgent public need for the preservation of
life, health, safety and welfare in the City of Edgewater.
SECTION 10. The requirements of publication and of reading
this ordinance on two separate days is hereby dispensed with by a
vote of not less than two-thirds of the entire membership of the
City Council.
SECTION 11. This ordinance shall take effect immediately
-1- Ord. 85-0-11
upon its adoption by at least two-thirds vote as an emergency
measure by the City Council.
This ordinance was introduced by �lniw.iKma-.. '!! a
Thefirst reading os this ordinance as well as the second
reading of this ordinance was held at the regular meeting of the
City Council on the 17th day of June, 1985, and was adopted
thereby.
ROLL CALL VOTE ON ORDINANCE 85-0-11 as follows:
FIRST READING:
�/ Ly
Councilman ne Th e
11
uncilman-Zone Four
SECOND READING:
Mayor
Coun ilman one One
a. ;. &1=
o nciiman-Zone Two
Councilman ) ne T ee
6V ' 1 ! ✓J
ncllman-Zone Four
ATTEST:
This ordinance read and adopted on second reading at a
regular meeting of the City Council of the City of Edgewater,
Florida, and
authenticated this11.711�day of , 1985.
mayor
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