07-1216 Amending Ch. 42, Sec. 42-4, Open Burning

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ORDINANCE 07-1216 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SECTION 42-4, OPEN BURNING, CHAPTER 42, FIRE PROTECTION AND PREVENTION TO PROHIBIT ALL OPEN BURNING EXCEPT AS SPECIFICALLY PROVIDED; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Casselberry is concerned about the public safety and welfare should open burning be allowed within the City limits due to air pollution and endangerment of persons and property within the densely populated City limits; and WHEREAS, Florida Statue 633.0215(3), grants the City authority to establish restrictions on open burning as long as said local amendments provide a higher degree of life safety than the Florida Fire Prevention Code, as this ordinance does; and WHEREAS, the City Commission deems it in the best interests of the citizens to prohibit all open burning with the City with limited exceptions as set forth below; and WHEREAS, this ordinance is adopted pursuant to the City's home rule authority, and will be reviewed by the State Fire Marshal as a local amendment to the Florida Fire Prevention Code; and WHEREAS, words with double underlined type shall constitute additions to the original text and stril{8 tRrSl,J€lR shall constitute deletions to the original text. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida: SECTION 1 Section 42-4, Open Burning, of Chapter 42, Fire Protection and Prevention, is hereby amended as follows: Sec. 42-4. Open burning. The rules of the state department of environmental regulation reaardina ooen burnina set forth in Florida Administrative Code sestisR 17 6.09, as aFRSRSeS Ostseer 10, +982, are adopted as part of this Code for the purpose of regulating open burning and burning for land clearing. exceot as set forth in this section. (a) Doen burnina of land clearina. commercial waste. residential trash. aarbaae. lawn debris cliooinas trees or other debris on residentifll. commercial or industrial orooertv is orohibited. (b) Exceotions: