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Home My WebLink AboutEmergency Order No. 98-1EMERGENCY ORDER NO. 98 -1 AN EMERGENCY ORDER PURSUANT TO CHAPTER 252, FLORIDA STATUTES AND CHAPTER 2, ARTICLE VII OF o CITY CODE, OF THE CITY COMMISSION OF THE CITY ,T OF WINTER SPRINGS, FLORIDA REGARDING OPEN r, BURNING, SMOKING IN CITY PARKS AND SALE OR USE OF FIREWORKS DURING THE 1998 FOREST AND BRUSH FIRE DECLARED EMERGENCY. WHEREAS, the City Conunissioners of the City of Winter Springs has issued a Resolution dated June 22, 1998, declaring an emergency for the forest and brush fires in the City; WHEREAS, the Governor of the State of Florida issued Executive Order Number 98 -141 dated June 7, 1998, declaring a state of emergency throughout Florida due to the forest and brush fires occurring within Florida, including those within Seminole County. WHEREAS, the Governor's Executive Order expressly recognizes the extreme potential for more fires that threaten life and property; ry WHEREAS, the Governor also instituted a ban on burning authorizations statewide; ry rl} WHEREAS, Seminole County has experienced losses and damages to real and personal property,'` including the destruction of approximately 24 structures and citizens have sustained a personal injuries from the fires, WHEREAS, the National Weather Service concludes that extremely dry weather conditions in Central Florida have created a high fire danger and its weather forecasts show a continuing high burn potential for the City, the County and surrounding areas; WHEREAS, the Keetch- Byrum drought index (a measure of dryness in the soil) indicates that , r the area is very near desert -type conditions; WHEREAS, the Emergency Management Director advises that the risk of further forest and brush fires in the City is high given weather and ecological conditions; WHEREAS, the Florida Division of Forestry concurs with the heightened risk of additional fores and brush fires in Seminole County under present and expected conditions; WHEREAS, any open burning or discarding of lighted cigarette butts outdoors creates unacceptable risks for accidental or careless ignition of dry vegetation; WHEREAS, vegetation in City parks and preserves is extremely dry and poses a fire hazard; P-1/1 • d SSSH 'S 'J3H3U&13ddj>i Wdzz : vo S6 : ES wnf WHEREAS, the Seminole County Commission has instituted water conservation program to conserve water and maintain water pressure to fight any fires during the emergency; WHEREAS, the Emergency Management Director and Fire Chief recommend a prohibition against igniting any fireworks, including otherwise legal fireworks such as sparklers, except approved public fireworks displays because of the high risk conditions during thW emergency. = CD WHEREAS, the sale of fireworks should also be prohibited to minimize the potential for use ap discharge of such fireworks in fire prone areas except wholesale transactions by licensed= pyrotechnic manufactures in the City and publicly sanctioned displays. � s WHEREAS, pursuant to the police power, the City Commission may take actions to protect the health, safety and welfare if its citizens; WHEREAS, the City Commission directed the City Manager and the Fire Chief to take certain administrative actions to lessen the risk of a catastrophic fire. WHEREAS, Section 2 -254 of the City Code of the City of Winter Springs authorizes all efforts to eliminate the problems and dangers of the City and its residents resulting from declared emergencies; WHEREAS, Executive Order No. 80-29 of the Office of the Governor has delegated emergency management authority to political subdivisions pursuant to Florida Statute Section 252.36(1)(a) & (8)_ WHEREAS, Florida Statute Section 252.38 empowers cities to participate in emergency management jurisdiction over their entire areas and to perform emergency management functions within their territorial limits; WHEREAS, Florida Statute Section 252.46 authorizes Cities to promulgate orders and rules as are necessary for emergency management purposes; WHEREAS, such orders when filed with the Clerk of the Court have the force of law, and all existing laws, ordinances, and rules which are in conflict are suspended to the extent of the conflict pursuant to Florida Statute Section 252.46(2); WHEREAS, the law enforcement authorities of the State and its political subdivisions enforce such duly promulgated orders pursuant to Florida Statute Section 252.47; WHEREAS, a violation of a duly promulgated order is a second degree misdemeanor punishable by a Erne of up to $500.00 for each offense and by a term of imprisonment of up to sixty (60) days in jail for each offense, and; c d JSSH s d3H3U&Gddna>i WdL' c : f7o 86, ?3. tiinf WHEREAS, the City Commission finds it necessary to promulgate an emergency order to protect human and animal life and to avert the overwhelming destruction of property that could result from a wild fire. NOW THEREFORE IT IS HEREBY ORDERED as follows. 1. An emergency is declared due to the high potential for fire in and around the City of Winter Springs, pursuant to Chapter 252 and Chapter 2 of the City Code, rT 2. Open burning and discarding of lighted cigarette butts outdoors are prohibited. r M 3. The sale and use or discharge of fireworks in the City of Winter Springs is prohibited except sales by licensed pyrotechnic wholesale manufacturers who have operated in the City for five or more years and publicly sanctioned and approved firework displays approved by the City Fire Chief. °-- 4. Open fires and smoking are prohibited in City parks and preserves. 5. If any provision of this Order is invalidated by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Order which shall continue to have the full force and effect of law. 6. The continued state of emergency may be modified in whole or in part or may be terminated upon the joint recommendation of the Emergency Management Director and the City Manager by action of the commission at a regular or special meeting. 7. This Order shall remain in effect during the 1998 forest and brush fire emergency unless earlier modified or rescinded by the City Commission. 8. A copy of this Order shall be filed with the Seminole County Clerk of the Court. ORDERED ' of ATTEST: i City Clerk, City of r Springs Paul P. Partyka, City of Winter S 1998. r , :� ,.ax�et4�►, � t li 1E�' � �•,� `yo P tgs �p off" �q 4 4A f: 1 8.59 D U tl1 � ',e•' "'� ISSd .ti 63H )U&13dcjmd i wdsa : t-e efs , 2�z, hJnf V R;