HomeMy WebLinkAboutOrdinance No. 10-1980MICROFILMED 1 -18 -83
ORDINANCE NO. 10 -80
AN ORDINANCE ADOPTING THE LAND CLEARINGS
BURNING ORDINANCE BY ESTABLISHING A CHAP-
TER 622 OF THE CODE OF THE CITY OF CAPE
CANAVERAL, FLORIDA ENTITLED "LAND CLEARINGS
BURNING "; ESTABLISHING CONDITIONS FOR OPEN
BURNING OF TRASH AND NATURAL COVER; PRO-
VIDING FOR PERMIT REQUIREMENTS; PROVIDING
FOR PENALTIES; REPEALING CONFLICTING ORDI-
NANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. There is hereby established Chapter 622 entitled
"LAND CLEARINGS BURNING" to be incorporated into the City Code of
the City of Cape Canaveral, Florida, as follows;
CHAPTER 622
LAND CLEARINGS BURNING
622.01 DEFINITIONS: As used in this Chapter, the words "trash"
and "natural cover" have the following meanings:
(a) "Trash" shall mean all accumulations of grass, trees,
shrubbery or weed cuttings, pine needles, and other refuse
incident to the care of lawns, shrubbery, vines, trees and
gardens. The term "trash" shall not be taken to include
broken or used appliances, furniture, bedding, building
materials, lumber, logs or other material of like nature
more than four (4) feet in length.
(b) "Natural cover" shall mean trees, brush, roots and other
by- products of land - clearing activity.
622.02 CONDITIONS FOR OPEN BURNING OF TRASH AND NATURAL COVER:
Open burning of trash and natural cover which is the result of
land clearing may be permitted by the Fire Department when it
is determined that:
(a) Weather conditions will allow the escape of smoke and fire
by- products without being a hazard or nuisance to the surrounding
citizens or their property.
(b) The location, amount and nature of these materials, when
burning, present no health or safety hazards to the surrounding
citizens or their property.
(c) The time of day that materials may be burned and when they
must be extinguished shall be from 9:00 A.M. until one (1)
hour before sunset.
622.03 PERMIT REQUIRED:
(a) A, burning permit must be secured from the City Treasurer of
the City of Cape Canaveral, Florida and shall be subject to such
conditions as are imposed by the Fire Department pursuant to
Section 622.02 hereof. The burning permit must be signed by two
(2) line officers of the Cape Canaveral Volunteer Fire Department.
MICROFILMED 1-18-83
622.03 (a) (cont.)
The line officers shall view the burn site before their
signing the burning permit. Once the line officers have
signed the permit, it shall be returned to the City
Treasurer. The City Treasurer shall collect the fee in
advance and issue the burning permit to the applicant.
Prior to the issuance of the burning permit, the City
Treasurer will contact one of the line officers whose
signature appears on the permit to confirm that the
conditions are still favorable to allow the burning.
00) Any - violation of the conditions of the burning permit
or of any provision of this law shall be cause for revocation
of said permit and may be considered as a basis for denial of
subsequent applications where such violations have been deter-
mined by the Fire Chief to have constituted a public hazard.
Each permit shall be good for one (1) day only. It is
expressly understood that the burning permit is revocable at
any time.
(c) A fee will be assessed for each permit as provided by
Resolution.
622.04 PENALTY CLAUSE:
(a) Any person, firm or corporation violating any provision
of this Chapter shall be subject to a fine not to exceed
$500.00 or by imprisonment not to exceed sixty (60) days or
by both such fine and imprisonment. In the case of continuing
offenses; each violation shall constitute a separate offense.
SECTION 2. All Ordinances or parts thereof, and all portions of
the City Code in conflict herewith are hereby repealed.
SECTION 3, This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this 19th day of August 1980,
Approved as to Form:
NAME
BOYD
CALVERT
YES
NO
LEE
MURPHY
RUTHERFOFI) + -
First cer:th-g 8 -5 -80
Posted: 8 -6 -80
Advertised: 8-11-80
Steal EAti irix 8 -19 -80