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 Manatee County
 Code of Ordinances
 Appendix A. ENVIRONMENTAL REGULATIONS
 Article III. OPEN BURNING

  § 3.02. Declaration of intent.  

Latest version.

  • (a)

    Chapter 125, Florida Statutes, authorizes the board of county commissioners of Manatee County to promulgate and adopt an open burning code in order to protect the health, safety and welfare of the citizens of Manatee County.

    (b)

    It is hereby determined that uniform regulation and control of air pollution emitted by open burning throughout the entire area of Manatee County is required in order to protect the health, safety and welfare of the citizens of Manatee County. This regulation is hereby enacted pursuant to authority granted to the board under Chapter 125, Florida Statutes.

    (c)

    The board recognizes that the Florida Department of Environmental Protection (FDEP) and the Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF), have certain concurrent jurisdiction pursuant to Chapters 403 and 590, Florida Statutes, and that such jurisdiction is implemented through Chapters 62-256 and 5I-2, Florida Administrative Code. Further, it is recognized that the local fire districts have the duty and responsibility to protect the public health, safety and welfare from uncontrolled burning. It is the intent of the board to require, in Manatee County, compliance with rules of the FDEP, the DOF, and certain stricter local standards, so as to further the policy of protecting air quality existing at the time the board adopted its standards, and of upgrading or enhancing air quality, and to cooperate and coordinate with the DOF and the local fire districts to achieve the mutual goals of the board, the DOF and the local fire districts.

    (d)

    It is the board's intent in adopting this regulation that it be supplemental and cumulative to any state or federal regulation governing this subject matter and there is no intent to weaken any existing regulation. In addition, this regulation is not intended to supersede the fire districts' ability to adopt and enforce their own rules and regulations with regard to public safety and the protection of property, and to immediately extinguish any fire that poses a threat to the public health, safety and welfare.

(Regs. of 9-29-93; Ord. No. 96-23, § II, 6-25-96)