HomeMy WebLinkAboutO-96-16ORDINANCE NO. 0-96-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES
ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION
42-48 TO "CONTROL OF OPEN BURNING"; PROVIDING FOR OPEN
BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND
RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida
("City"), finds that it is in the best interest of the citizens of
the City of Sebastian to restrict open burning to the greatest
extent possible; and
WHEREAS, additional restrictions on open burning furthers the
public safety, health and general welfare of its residents;
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
City of Sebastian, Florida, as follows:
Section 1: Section 42-48 of the City of Sebastian Code of
Ordinances relating to open burning is hereby amended as follows:
Sec. 42-48 ~gn. trol of Open Burning:.
A. Open Burning Restrictions. No person shall
cause, suffer, allow or permit open burning except as
provided herein. No person shall fail or refuse to
take all reasonable and necessary steps and precautions
to prevent open burning upon any premises owned,
occupied or under control of such person. No person
shall fail or refuse to take all reasonable and
necessary steps and precautions to extinguish or
otherwise terminate and abate any open burning which
has originated through any cause whatsoever upon any
premises owned, occupied or under the control of such
person or upon premises upon which such person is
carrying out any operation or activity.
B. The following are exceptions and restrictions
against open burning:
(1) Campfires used solely for recreational
purposes, warming fires for outdoor workers,
fires for noncommercial cooking, and small fires
for ceremonial purposes are allowed anywhere
within the City without any permit from any
governmental body provided that the fire does not
create excessive smoke, or cause a nuisance in any
manner. Small household trash and household paper
product fires are prohibited.
(2) Open burning of vegetation and wood
materials resulting from land clearing. Open
burning of wood and vegetation piled up during a
land clearing operation may be permitted
provided all of the following conditions are
complied with:
(a) The burning shall first be approved by
the Division of Forestry, the fire chief and the
City Council. In order to approve a request to
allow open burning under this subsection, the
City Council must find that it is in the public
interest;
(b) Ail of the requirements of Chapter 17-5
of the Florida Administrative Code must be met;
(c) An air curtain incinerator permitted by
the State and County must be utilized in
connection with burning of materials;
(d) The fire shall be at least 1,500 feet
from the nearest occupied building and at least
150 feet from the nearest public road;
(e) The piles of materials to be burned
shall burn out completely one hour before sunset;
(f) Burning shall be conducted only on days
of low pollution potential, and only between the
hours of 9:00 a.m. and 4:00 p.m. on such days;
(g) Smoke shall not blow over a road to
obstruct vehicular traffic;
(h) Air traffic shall not be obstructed;
(i) Prior authorization shall be obtained
from the division of forestry, the Chief of the
fire department and the City Building Official;
(j) Only clean fuel not containing garbage,
rubber, plastics or other refuse shall be allowed
for the start-up of fires; and
(k) The burning of tires, other rubber
materials, roofing materials, plastics and
creosoted wood are prohibited.
C. Cancellation of fires. Any police officer,
fired department officer or code enforcement officer of
the city may order the immediate termination of any
outdoor fire within the city limits if weather
conditions change, whereby a fire may constitute a
dannger of wild fire, air pollution, or other nuisance.
Section 9: If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity,
force and effect of any other section or part of a section of this
Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of
this Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 10: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part
or application shall be considered as eliminated and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
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Section XX: This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and the Clerk of the City Council.
The foregoing Ordinance was moved for adoption by
Councilmember ~..~~-~ . The motion was seconded by
Councilmember ~/~)~j. and, upon being put into
vote, the vote was as follows:
Mayor Louise R. Cartwright ~f~...
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp ~ ....
Councilmember Raymond Halloran ~.....
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of ~/~C,~ , 1996.
CITY OF SEBASTIAN, FLORIDA
By: L~uise Ri Cartw~g-h~i-~a-y~
i:~athryrf M. O'Ha:lloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney
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