HomeMy WebLinkAboutO-99-37ORDINANCE NO. 0-99-37
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
SECTION 42-48 CONTROL OF OPEN BURNING; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian Code contains strict limitations upon open burning to ensure
the protection of' the citizenry; and
WHEREAS, there are occasions, such as controlled bums for fire prevention or environmental
habitat management, or live fire training for firefighters, that the public purpose is best served by allowing
government -controlled open fires;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by
adding a subsection, to be numbered 42-48(b)(3), which said subsection shall read as follows:
Sec. 42-48. Control of open burning.
(b) (3) Open.burning shall be allowed by governmental aeencie~ when
n...ecessary to accomplish a p.olice-power purpose, upon approval by.the C.ily_~
Cou. ncil. In the event l[hat an emergency, exists that does not provide time to
o_btain Council approval, stlch as a fire-prevention emergency necessitating a
controlled burg, the approval may be granted by the City Manaeer.
Section 2.
are hereby repealed.
Section 3.
CONFLICT. All ordinances or parts of ordinances in conflict herewith
SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance
shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by
the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
seconded by Councilmember /fl~oz~cjg4,j and, upon being put to a vote,
motion
was
was as follows:
The
the vote
Mayor Chuck Neuberger
Councilmember Joe Barczyk
Counciimember Walter Barnes
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this '1 st
day of December, 1999.
CITY OF SEBASTIAN, FLORIDA
Kathry~D!H~t~an' CMC/AA~
City Clerk
By:
:Neuberger, 1)ta~/ x.
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich ~tringer, City Att~_~ey