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HomeMy WebLinkAbout1998 06 22 Regular Item-Add-On C COMMISSION AGENDA ADD-ON ITEM C Consent Informational Public Hearing Regular X June 22. 1998 Meeting MGR ,/A./'-oEPT Authorization REQUEST: City Manager requesting the City Commission to adopt a resolution declaring a State of Emergency in the City of Winter Springs and adopting Emergency Order 98-1 prohibiting open burning and the sale and use of fireworks except at publicly approved firework's displays. PURPOSE: The purpose of this agenda item is for the Mayor and Commission to authorize enhanced fire safety measures related to the current drought conditions. CONSIDERATION: Additional public safety measures are required to provide a reasonable measure of fire protection in the City of Winter Springs due to the current conditions and the related threat of fire. FUNDING: None required. IMPLEMENTATION: Measures provided for in the resolution and emergency order will be effective upon adoption. ATTACHMENT: 1) Emergency Order 98-1. 2) Resolution No. 848. 3) EMS Director Memo. COMMISSION ACTION: ;'t: ~... : -;. - :. .. - :: ... :...;,-':"-;::~-,",:7 ...... ~.::. E~fERGENCY ORDER NO. 98-1 AN EMERGENCY ORDER PURSUANT TO CHAPTER 252, FLORIDA STATUTES AND CHAPTER 2, ARTICLE vn OF CITY CODE, OF THE CITY COM::M1SSION OF THE CITY OF \VINTER SPRINGS, FLORIDA REGARDIN'G OPEN BlJRNING, SMOKING IN CITY PARKS AND SALE OR USE OF FIREWORKS DURING THE 1998 FOREST Ai"W BRUSH FIRE DECLARED El\'IERGENCY. WBEREAS, the City Corrunissioners 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, dedaring a state of emergency throughout Florida due to the forest and brush fires occuning within Florida, including those within Seminole County. WHEREAS, the Governors Executive Order expressly recognizes the extreme potential for more fires that threaten life and property; WHEREAS, the Governor also instituted a ban on burning authorizations statewide; WHEREAS, Seminole County has experienced losses and damages to real and personal property, including the destruction of approximately 20 structures and citizens have sustained 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 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; - _., _ ..', 1(11~ .. - - .. : : - i .... - :: .. -;---:=~.--~~ .,'....:. :. '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 this emergency, WHEREAS, the gale of fireworks should also be prohibited to minimize the potential for use and discharge of such fireworks in fire prone areas except wholesale transactions by licensed pyrotechnic manufactures in the City and publicly sanctioned displays. WHEREAS, pursuant to the police power, the City Commission may take actions to protect the health, safety and welfare if tts 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 emergenCles; 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 oflaw, 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 fine 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; - _' ,...J :)'3'3ij , =::;H ::'t'S~ r::,:!,:!ilc>1 :,Jc':',:; 7\.J :36. ,?? f.lIlf .' 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. 2. Open burning and discarding of lighted cigarette butts outdoors are prohibited. 3, The sale and use or discharge of fireworks in the City ofWmter 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 oflaw, 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. ::: 'c':! :;'3'3f:l :~ ,=~w :;t'':::: ~.:Jd'\:f' I [,l.:i:3::::;;-0 36,:::: f-l1lf RESOLUTION NO. 848 WHEREAS, the President has declared Seminole County a Federal Disaster Area due to the continuing threat of fires resulting from the current unprecedented drought conditions in the State and the County; and WHEREAS, the Governor has declared a State of Emergency in the State due to the above referenced fire and drought conditions; and WHEREAS, the Emergency Management Director of the City of Winter Springs is advising the City to declare a State of Emergency in the City and a ban on open burning, and the sale of and use of fireworks due to the above referenced fire and drought conditions; NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor and City Commission declare a State of Emergency in the City of Winter Springs and adopt Emergency Order # 98-1, pursuant to Section 252.46 Florida Statutes and Chapter 2 Division VII of the City Code, prohibits open burning, and the sale and use of fireworks other than publicly approved firework's displays. Done and Ordered this 22 day of June, 1998. CITY OF WINTER SPRINGS, FLORIDA ~L WINTER SPRINGS FIRE DEPARTMENT 102 NORTH MOSS ROAD WINTER SPRINGS, FLORIDA 32708 TELEPHONE (407) 327-2332 FAX (407) 327-8514 MEMORANDUM To: From: Date: Subject: City Manager Ronald W. McLemore Timothy J. lallalhin, Fire Chief ~ 1. -~ June 22, 1998 / t/"'''Y'- Proposed Fireworks Ban As all of us are aware, very hot and dry weather conditions continue to create an extremely dangerous wildfire potential for Seminole County. On a drought scale of 0 to 800, we are currently at a level of 752. Because of this, the difficulty we are having in controlling wildfires and the amount of effort we are having to expend on mopping up hot spots (which we are assisting Seminole County with at the Geneva burn some two weeks after the fire occurred), it is only prudent for us to look at the increased danger inherent with the approach of the 4th of July celebrations. With the proliferation of personal fireworks sales, a dangerous situation exists for the residents of our City, County, and surrounding jurisdictions. Attached you will find a copy of the Presidential declaration that deals with the wildfires that have already occurred. To avoid further damage in our City, as the Fire Chief for Winter Springs, I propose the following: 1) A ban on the sale and use of personal fireworks in Winter Springs until such time as the extreme fire danger subsides. (Two major retailers in the County, Walgreen's and K Mart have already voluntarily ceased the sales of fireworks. And in the City of Winter Springs all stores have been surveyed with none selling fireworks at this time.) 2) Authorization for professional fireworks to be used as long as the displays are released over water and sufficient measures are taken by the private company to avoid ignition of fires from the displays. The ban on personal fireworks is not only important for our rural areas but also for our urban neighborhoods. Grass and shrubs are so dry that fire can easily spread to structures in the urban environment. As to professional displays, there are currently six such displays scheduled for the 4th of July. The City's firework display at Central Winds Park, and the City's of Altamonte Springs, and Sanford. Additionally, there are three displays scheduled for unincorporated areas of the County including Interlachen off of Howell Branch Road, Bear Lake in Forest City and Lake Mills in Chuluota. All of these are being released over water, substantially reducing the threat of wildfire ignition. Further, if people can observe the professional displays, the ban on personal use will certainly be more palatable. In summation, if ever there were conditions that called for a ban on the sale and use of personal fireworks, for the public's safety they exist today. I strongly urge this ban be implemented as soon as possible for the protection of our citizens.