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					                           COLUMBIA COUNTY, FLORIDA
                             ORDINANCE NO. 2009- 2

               AN ORDINANCE OF THE BOARD OF COUNTY
               COMMISSIONERS      OF COLUMBIA COUNTY,
               FLORIDA DECLARING A STATE OF EMERGENCY IN
               COLUMBIA COUNTY, FLORIDA; PROVIDING OPEN
               BURNING WITHIN COLUMBIA COUNTY, FLORIDA,
               WILL BE PROHmITED EXCEPT AS AUTHORIZED BY
               THE STATE OF FLORIDA, DIVISION OF FORESTRY;
               PROVIDING A PENALTY FOR VIOLATION;
               PROVIDING FOR SEVERABILITY; AND PROVIDING
               FOR AN EFFECTIVE DATE.


        WHEREAS, the governing body of Columbia County, Florida has detennined

there exists in Columbia County a state of emergency due to the extremely dry weather

conditions presently existing in Columbia County; and

       WHEREAS, the drought condition in Columbia County has resulted in hazardous

fire conditions, and both controlled and uncontrolled fires have and continue to

sporadically arise in Columbia County resulting in substantial damage to or loss of

property and could result in substantial injury or hann to the population ifnot controlled;

and

       WHEREAS, Section 590.081, Florida Statutes, provides it is unlawful for any

person to set fire to or cause fire to be set upon certain lands and areas within a County

where, because of emergency drought conditions, there is extraordinary danger from fire,

unless a written pennit is obtained from the Division of Forestry or its designated agent,
 or unless it can be established that the setting of a backfire was necessary for the purpose

 of saving life or property; and

           WHEREAS, the Board of County Corrunissioners detennined at its regular

 meeting on March 19,2009 this Ordinance would become effective March 20, 2009.

 The State of Florida, Division of Forestry, has recorrunended that the County take this

 action.

           NOW, THEREFORE, to protect and preserve the health, safety and welfare of

 the citizens, residents, public and property of Columbia County, Florida, the following

 ordinance is adopted in accordance with Sections 125.66(3) and 252.38, Florida Statutes,

Emergency Enactment Procedures and Emergency Management Powers of Columbia

County.

       NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF COLUMBIA COUNTY, FLORIDA, as follows:

       Section 1: Declaration of State of Emergency. The Board of County

Commissioners hereby declares a state of emergency exists in Columbia County, Florida,

arising out of the significant danger of fire posed by existing drought conditions and that

open burning, except as properly authorized by the Division of Forestry or its designated

agent, substantially increases the risk of fire and would exacerbate potential hann to

persons and property which will pose a serious threat to the health, safety and general


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 welfare of Columbia County, Florida, making it necessary to take action to prevent

 greater risk of fire.

        Section 2: Prohibiting Open Burning. It shall be unlawful for any person to

 cause, suffer, allow or permit open burning within Columbia County, Florida, including

 both the incorporated and unincorporated areas, other than as authorized by the State of

 Florida, Division of Forestry, or its designated agent. This ban shall include but is not

 limited to all outdoor burning that has not been specifically authorized by the Florida

 Division of Forestry and the use of any fireworks, sparklers, flares, or other pyrotechnic

 devices except as provided by law for public displays requiring a permit. Although the

use. of LPG/LNG grills and charcoal or wood burning grills is permitted, the public is

encouraged to keep a constant watch for any stray sparks or embers while cooking

outdoors. Due to the potential for accidental ignitions, the use of motorized equipment

such as ATVs and dirt bikes is not suggested during times of high wildfire risk. Please

bear in mind that lawnmowers, both push and riding, also pose accidental ignition risks.

Citizens are asked to exercise extreme caution during the bum ban.

       Section 3: Authorization for State of Florida. Division of Forestry. The State

of Florida, Division of Forestry, should be permitted to be authorized to allow select

burning as weather and bum conditions improve. The Division of Forestry will authorize

an open bum only after an on-site inspection is conducted by the Division of Forestry


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 and the burn is deemed by the Division to be safe without substantial risk to person or

 property.

        Section 3: Penalties. Any person violating the provisions of this Ordinance shall

 be guilty of a misdemeanor of the second degree punishable as provided by Florida

Statutes, Section 775.082, Section 775.083 or Section 775.084.

       Section 4: Severability. It is declared to be the intent of the Board of County

Commissioners of Columbia County, Florida, that if any section, subsection, sentence,

clause, phrase or portion of this Ordinance is for any reason held invalid or

unconstitutional in any court of competent jurisdiction, such portion shall be deemed a

separate, distinct and independent provision and such holding shall not effect the validity

of the remaining portion hereof.

       Section 5: Effective Date. This Ordinance as an emergency ordinance shall be

deemed to be filed and shall take effect at 12:01 a.m. Friday, March 20, 2009, and when

a copy has been accepted by the postal authorities of the government of the United States

for special delivery by certified mail to the Department of State as provided in Section

125.66(3), Florida Statutes. This Ordinance shall remain in effect until amended or

repealed by the Board of County Commissioners.




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        Section 6: Waiver of Notice Requirements. The undersigned waive the notice

 requirements of Section 125.66(2) in that a state of emergency exists and that the

 immediate enactment of this Ordinance is necessary.

        PASSED AND DULY ADOPTED, by the Board of County Commissioners in

 regular session this 19 th day of March, 2009.

                                           BOARD OF COUNTY COMMISSIONERS
                                           COLUMBIA COUN~Y~DA

                                           By:    crtl:::'> f;~_. _
                                                  ~ Bailey, Chairperson
                                           ATTEST:      -P.~~(}I1-S~ l---.--
                                                        P. DeWitt Cason, Clerk

                                                        (SEAL)
Approved as to legality and content:

 ~~~~ Attorney
   Feagle~ty
Marlin M.

RECORD OF VOTE BY BOARD:

       Name                                                   Against

      Ronald W. Williams
      Scarlett Frisina
      Dewey Weaver
      lody Dupree
      Stephen Bailey

Four-fifths (4/5ths) vote of the Board membership required for passage.



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