13-1387 Re-adopting Section 42-4, Open Burning

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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 as long as the amendments are adopted every three years; and WHEREAS, the City Commission deems it in the best interests of the citizens to reenact Section 42 -4 and to continue 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, the Florida Department of Agriculture and Consumer Services through the Florida Forest Service and the City have entered into a non - binding Multilateral Operating Agreement to delegate responsibility for governing open burning to the City except for agricultural burning; and WHEREAS, the State recently adopted a new fire prevention code, necessitating this reenactment. 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 readopted as follows: Sec. 42 -4. Open burning. The rules of the State Department of Environmental Regulation regarding open burning set forth in Florida Administrative Code are adopted as part of this Code for the purpose of regulating open burning and burning for land clearing, except as set forth in this section.