§ 15-9. Declaring state of emergency to control use of devices and prohibiting practices which may cause fire.

(a)

Declaration of state of emergency; duration. Based upon the findings adopted under section 1 of Ordinance No. 04-1, and pursuant to the authority provided under the State Emergency Management Act and the plan, the board does hereby declare the existence of a state of emergency within the meaning of Section 252.38, Florida Statutes, said state of emergency commencing upon the effective date of this section, which is January 27, 2004, and continuing indefinitely due to the ongoing presence of the weather conditions. The board does hereby authorize the county manager to extend by administrative order the duration of said state of emergency in successive increments of up to seven (7) days each. Should said state of emergency or any extension thereof administratively ordered by the county manager come to an end, and thereafter the county manager determine from time to time that the conditions giving rise to the declaration of said state of emergency have recurred, then the board does hereby authorize the county manager to declare by administrative order the reinstatement and thereafter the further extension of said state of emergency in successive increments of up to seven (7) days each. The specific authority of the county manager arising under this section shall continue until the board of county commissioners may by resolution revoke and rescind said authority. The provisions of the preceding sentence to the contrary notwithstanding, this section shall not be deemed to restrict or diminish the authority and powers of the county manager arising under the State Emergency Management Act, the plan, the Clay County Administrative Code, or any other ordinance of the county or law of the state.

(b)

Prohibited acts.

(1)

During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall be unlawful to sell, use, discharge, dispense, or display all fireworks as defined by Section 791.01(4)(a), Florida Statutes.

(2)

During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall be unlawful to use or discharge all sparklers and all other items listed in Section 791.01(4)(b), Florida Statutes, and all novelty and trick noisemaker items listed in Section 791.01(4)(c), Florida Statutes.

(3)

During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall be unlawful to use or discharge flares or explosive compounds as the latter term is defined in Section 791.01(3), Florida Statutes.

(4)

During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall be unlawful to conduct any burning out of doors, whether otherwise lawful, (including camp fires and burning of lawn debris or leaves) or to use any otherwise lawful outdoor burning devices (with the exception of cooking on attended and monitored barbecue equipment).

(5)

During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), and pursuant to the authority of the county provided under Section 791.02, Florida Statutes, as well as the county's inherent home rule powers, it shall be unlawful to produce, sponsor, or exhibit large-scale public displays of fireworks which may otherwise be permittable and authorized under Chapter 791, Florida Statutes. In the event that the county manager determines that the production and exhibition of large-scale public displays of fireworks can be conducted safely despite the continuing presence of the conditions giving rise to the declaration of said state of emergency, then the board hereby authorizes the county manager, to declare by administrative order, that such large-scale public displays of fireworks may take place if otherwise properly permitted in accord with the authority of the county provided under Section 791.02, Florida Statutes.

(c)

Penalty. Pursuant to Section 252.50, Florida Statutes, a person violating any of the provisions of subsection (b) hereof shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes.

(d)

Conduct excepted. During the state of emergency declared and proclaimed under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall not be a prohibited act under subsection (b) hereof should any employee of the State of Florida Division of Forestry, firefighter or law enforcement personnel be required to use, discharge, or dispense flares or conduct burning out of doors if to do so is in furtherance of controlling the threat of outbreak of fire or in containing and controlling existing fires. In addition, any burning allowed by a duly authorized governmental permit shall be allowed to proceed in accord with the terms of the permit.

(e)

Applicability. This ordinance shall be applicable through the unincorporated areas of Clay County, Florida. This section shall be effective through the territorial boundaries of any municipality located within Clay County, Florida, but only to the extent that any ordinance of said municipality does not expressly supersede or otherwise conflict with the provisions hereof.

(Ord. No. 04-1, §§ 2—6, 1-27-04; Ord. No. 2011-19, § 4, 6-28-11)