§ 18-4. Burn ban.

(a)

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section:

(1)

Board: The Board of County Commissioners of Orange County, Florida.

(2)

Burn ban: The automatic prohibition of any and all open fires during certain drought conditions except for those expressly permitted, or exempted, by this section or Florida Statute.

(3)

County: Orange County, Florida.

(4)

Fire chief: The individual designated by the county mayor as the Orange County Fire Chief authorized to enforce the Florida Fire Prevention Code.

(5)

Fire department: The Orange County Fire Rescue Department.

(6)

Fire hazard conditions: Those certain drought conditions that automatically activate a burn ban, more specifically when Orange County's Keetch Byram Drought Index County Averages map calculation, as published by the Florida Forest Service (or future state office or agency which provides drought information"), meets or exceeds 500.

(7)

Open fires: Any and all types of unpermitted and/or non-exempted open incineration where the burning of any matter results in the products of combustion being emitted directly into the outdoor atmosphere without passing through a stack or chimney. This includes, but is not limited to: campfires, bonfires, unpermitted controlled burns, burning of yard and household trash, burning of construction debris, burning of organic debris, and igniting of fireworks.

(8)

Violator(s): Any individual that causes, or is responsible for the ignition of, an open fire in violation of an active burn ban.

(b)

Required notification.

(1)

The fire chief, or his/her designee, shall immediately communicate the activation, or deactivation, of a burn ban to the communications division manager or his/her designee, which shall promptly provide notification to the public of the activation of the burn ban.

(2)

The communications division manager, or his/her designee, shall issue press releases through broadcast media, local television news networks, and post notice on the county's website. Additionally, notice of the activation, or deactivation, of a burn ban will be streamlined on all official Orange County social media websites, with the exception of the websites maintained by elected officials.

(c)

Activation of burn ban.

(1)

A burn ban will automatically activate when fire hazard conditions exist.

(2)

Enforcement of burn ban. Enforcement of a burn ban shall begin once the required notification of the public of the active burn ban has been completed and shall continue until the burn ban automatically enters inactive status in accordance with this section.

(d)

Deactivation of burn ban.

(1)

An active burn ban is automatically deactivated once fire hazard conditions have ceased for at least seven (7) consecutive days.

(2)

Enforcement of burn ban. Enforcement of a burn ban shall cease once the burn ban automatically enters into inactive status in accordance with this section.

(e)

Exemptions.

(1)

The following activities are exempted from burn bans:

a.

Public or private fireworks displays done by licensed contractors who have obtained permits under the Orange County Code:

b.

Use of barbeque grills or barbeque pits where the total fuel area does not exceed three (3) feet in diameter and two (2) feet in height: and

c.

Any other activity for which a valid state or county permit has been issued.

(f)

Applicability.

(1)

This section shall apply to and be effective within:

a.

All unincorporated areas of the county;

b.

The corporate limits of all municipalities that receive fire services through a contractual service agreement with the fire department; and

c.

The corporate limits of any municipality to the extent that the article does not conflict with any municipal ordinance covering the subject matter, activity, or conduct regulated herein.

(g)

Enforcement; penalties.

(1)

Enforcement. The fire department, environmental protection division, and code enforcement division are hereby empowered to enforce this section pursuant to the relevant provisions of state and local law.

(2)

Penalties.

a.

Any violation of an active burn ban which causes a fire to which the fire department responds is a violation that is irreparable and irreversible in nature and shall be treated as such by the special magistrate pursuant to section 11-34, Orange County Code, as amended.

b.

Violations of this section are class III violations as provided in chapter 11, article III, of this Code, as amended, and may be enforced by a civil citation not to exceed five hundred dollars ($500.00) per violation.

c.

The provisions of this section are supplemental to any other remedy or enforcement procedure provided for or recognized by ordinance, statutory law, common law, case law, or the Constitution and shall not be construed as an exclusive remedy or procedure available for enforcement of the codes and ordinances of the county. Nothing contained in this section shall prohibit the board from enforcing its codes by any other means.

(Ord. No. 2018-07 , § 2, 2-20-18)