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Home My WebLink AboutO-86-01ORDINANCE AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 11-19 OF THE CODE OF ORDINANCES AND THEREBY PROHIBIT- ING THE BURNING OF CERTAIN SUBSTANCES, REGULATING CERTAIN RESIDENTIAL BURNING AND LAND CLEARING FIRES; PROVIDING FOR VARIANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, several open fires in the City of Sebastian have become an annoyance and nuisance to surrounding property owners, especially from drifting smoke, which in some cases has caused respiratory problems for some persons, and WHEREAS, the City Council has determined that any further permits for most types of open fires shall be issued only after strict compliance with the regulations contained herein, and WHEREAS, variances to any of the restrictions herein contained must be,granted by the City Council of the City of Sebastian, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City of Sebastian, Florida, as follows: SECTION I That Section 11-19 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: SEC. 11-19. (A) OUTDOOR FIRES. Residential Burning and other Small Fires. (1) Camp fires, warming fires for outdoor workers, fires for noncommercial cooking, and small fires for ceremonial purposes are allowed anywhere without any permit from any governmental body provided that the fire does not create excessive smoke, or cause a nuisance in any manner. (2) Small household trash and household paper product fires are prohibited. (B) Land Clearing Fires. Wood and vegetation piled up during a land clearing operation may be burned provided all of the following conditions are complied with: The fire shall be at least 1,000 feet from the nearest occupied building and at least 150 feet from the nearest public road; the piles of materials to be burned shall burn out completely one hour before sunset; the fire shall not be started before 9:00 a.m.; smoke shall not blow over a road to obstruct vehicular traffic; air traffic shall not be obstructed; and prior authorization shall be obtained from the Division of Forestry, the Chief of the Fire Department and the Building Official of the City of Sebastian. (C) Prohibited Fires. The burning of tires, other rubber materials, roofing materials, plastic and/or creosoted wood are prohibited. (D) Cancellation of Fires. Any Police Officer, or Code Enforcement Officer, of the City of Sebastian may order the immediate termination of any outdoor fire within the City limits if weather conditions change, whereby a fire may be a danger of wild fire, air pollution, or other nuisance. (E) Variances. A variance to the provisions of this Ordinance may be granted by the City Council of the City of Sebastian in special hardship cases provided the following con- ditions are met: (1) Prior permission shall have been granted by the Division of Forestry, Chief of Fire Department and Building Official having jurisdiction, and (2) A written request for such fire shall have been submitted to the City Clerk with all required permissions as out- lined in (1) above for placement on the City Council agenda for formal action. Such request shall contain the name of the person requesting the fire, the place and description of the proposed fire, an estimate of the size and expected duration of the fire and assurance that the proposed fire shall meet all requirements of the National Fire Pre- vention Code. The applicant shall also explain in detail the alleged need for a variance and the measures that will be taken to ensure that the fire will not produce smoke, embers, heat or other by-products to the extent that there will be a nuisance or undue annoyance to any nearby occupied real property. (3) Any variance granted by the City Council shall require an affirmative vote of three city council members after a finding that a hardship would be created without the granting of -2- the variance. Variances are to be issued only on rare cases based on special hardship for large land areas which are remote in physical proximity to other lands occupied by persons or domestic animals. be final. (4) The grant or denial of a Variance shall SECTION I1 This Ordinance shall become effective immediately upon its final passage by the City Council of the City of Sebastian, bUt it shall not affect any previously issued burning permits, if any exist at the effective date. by: / ~' J~/Gallagher, Mayor · TTEST:. , Deborah C. Krages, ~_ y Clerk~'~'~ I HEREBY CERTIFY that the foregoing Ordinance was duly passed by the City Council of the City of Sebastian, Florida, on the ~ zz~/day of ~ ,1986, and that notice of this Ordinance was/duly publiShed in accordance with Section 166.041, orida $'tatutes. Deb~6~ah C. Kra~es, City C~erk~)~-- A copy of this Ordinance shall be mailed to the Chief of Police and to District Office of the Division of Forestry, Route 7, Box 200, Okeechobee, Florida 33472. (1-800-282-6566) TO COUNCIL FIRS1' AGENDA VOTE AYES_ ~ ~_~AYS: SECOND R~ADIHG VOTE: AYE~ ]'[ ,_NAYS: