§ 3.04. Definitions.

(a)

Definitions contained in Rules 62-256.200 and 5I-2.003, Florida Administrative Code, shall, to the extent applicable and as not otherwise provided herein, apply to this regulation.

(b)

The following specific definitions shall apply to this regulation:

(1)

Agricultural burning means the burning of vegetative material originating onsite in conjunction with the cultivation of an indefinite sized parcel of land, including fruit growing, raising of vegetables, trees, shrubs, plants or similar products. Agricultural burning shall specifically exclude nonrural types of land clearing operations described in subsection (b)(6); yard trash as described in subsection (b)(12); nursery as described in subsection (b)(9); and range burning as described in (b)(10).

(2)

Agriculture means the science and art of production of plants and animals useful to man, including to a variable extent the preparation of these products for man's use and their disposal by marketing or otherwise and shall include viticulture, forestry, dairying, livestock and poultry raising, beekeeping and any and all forms of farm production and farm products.

(3)

Board means the board of county commissioners of Manatee County, Florida.

(4)

Director means the head of the Manatee County Environmental Management Department.

(5)

Local air pollution advisory means a local warning to the public when ozone concentrations have reached unhealthful levels, as defined by national or state ambient air quality standards (NAAQS/SAAQS). Proper actions should be taken to protect human health and prevent a recurrence of unhealthful conditions. As part of this advisory, the director may impose and announce a temporary prohibition of open burning activities or take other reasonable steps to abate or alleviate the pollutant conditions.

(6)

Land clearing operation means the uprooting or clearing of vegetation in connection with construction for buildings, rights-of-way, residential, commercial, or industrial development, or the initial clearing of vegetation to enhance property value. It shall not include the maintenance burning of yard trash resulting from fallen limbs, branches, or leaves, or any other routine property clean-up activities.

(7)

Local fire district zone means the geographic area covered by a local fire district that has contacted the department and notified the department of its intent to conduct inspections of open burning sites.

(8)

Local fire districts means areas in the county that are either: (1) units of special purpose government created by Special Act of the Florida Legislature and which are public municipal corporations having the powers and duties of fire protection and control as set forth in their individual special acts; or (2) departments created by a general purpose government to provide fire protection within the government's jurisdictional boundaries.

(9)

Nursery means an area where trees, shrubs, or plants are grown for transplanting or for use as stock for budding or grafting or for sale.

(10)

Range burning means the intentional burning of range or open field areas for the purpose of improving grazing or planting areas and eliminating unwanted vegetation.

(11)

Silviculture means the care and cultivation of forest trees, including planting, trimming and harvesting.

(12)

Yard trash means vegetative matter resulting from landscaping and yard maintenance operations, and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps. Yard trash shall not include tires, rubber materials, Bunker C residual oil, asphalt, roofing materials, tar, railroad crossties and other creosoted lumber, plastics (except for polyethylene black plastic mulch used in agriculture), or garbage.

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