HomeMy WebLinkAboutO-03-15ORDINANCE NO. 0-03-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLOR]DA,
AMENDING CITY CODE SECTION 42-48 CONTROL OF OPEN
BURNING; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, current provisions of the City Code regulating open burning could be
modified to reflect greater awareness of drought conditions, and to recognize the sovereignty of
other governmental units;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 42-48 of the City Code, City of Sebastian, Florida, Control of Open
Burning, is hereby amended to read as follows:
Sec. 42-48. Control of open burning.
(b) [Exceptions.] The following are exceptions and restrictions against
open burning:
(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:
The fire shall be at least 1,500 feet from the nearest occupied
building and at least 150 feet from the nearest public road, unless
the council finds that a lesser distance is both reasonably necessary.
(3)
and safe;
Burning shall be conducted only on days of low pollution
potential, when the drought index is below 500, and only between
the hours of 9:00 a.m. and 4:00 p.m. on such days;
Open burning shall be allowed by governmental agencies when necessary
to accomplish a police-power purpose, upon notice to ~ the
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, 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 provisions. 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 become effective
immediately.
The
Barczyk
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Nathan B. McCollum
The Mayor thereupon declared this Ordinance duly
November, 2003.
foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember Hi 1 ]. and,
absent
aye
aye
aye
aye
passed and adopted this 12m day of
ATTEST:
CITY OF SEBASTIAN, FLORIDA
A~t6row :d'~s to form and legality for
reliance by the City of Sebastian only:
Vice-Mayor