§ 50-1. Open burning.

(a)

Prohibitions. Open burning (to include campfires, bonfires, trash-burning and other similar open incineration) is hereby prohibited when the following conditions are present:

(1)

The Keetch Byram Drought Index County Averages map, as published by the Florida Forest Service (or future state office or agency which provides drought information), calculation for Brevard County meets or exceeds 500; or

(2)

The chair or (where the chair is unavailable) the acting chair, in consultation with the county policy group (if activated) or (where the policy group is not activated) the county manager or designee, orders open burnings and the sale and use of fireworks (as defined in F.S. § 791.01) prohibited.

Such prohibitions do not include state-permitted burns, use of barbeque grills, authorized public fireworks displays and fireworks sales which are authorized by state law, including where the wholesale seller directly ships such fireworks outside of the county, without the purchaser participating in any such shipment, except the purchaser may pay for the costs of shipping.

Such prohibition shall remain in effect until suspended as provided [in] subsection (e).

(b)

Enforcement. The sheriff and other law enforcement officers, fire prevention and emergency personnel, and code enforcement officers shall in conjunction with their duties imposed by state law or local ordinance, enforce the provisions of this section.

(c)

Violations. Any person, firm or corporation in violation of the terms of this section shall, upon each conviction, be punishable as provided in code section 1-7, or F.S. § 125.69(1): i.e. be subject to a fine not exceeding $500.00, or imprisonment in the county jail for a period of up to 60 days, or both such fine and imprisonment. Any law enforcement officer issuing a notice to appeal or making an arrest pursuant to a violation of this section shall seize any fireworks being used in violation of this section for the purpose of preserving evidence of the violation.

(d)

Severability. If any provision of this section or the application thereof to any person of circumstance is held to be invalid, it is the intent of the board of county commissioners that such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application and to this end, the provisions of this section are declared severable.

(e)

Suspension of prohibitions. The prohibitions set forth in subsection (a) shall be suspended by the chair or (when the chair is unavailable) acting chair upon satisfaction of the following conditions:

(1)

The Keetch Byram Drought Index County Averages Map, as published by the Florida Forest Service, calculation for Brevard County falls below 450; or

(2)

The policy group (if activated) or (where the policy group is not activated), the county manager or designee in consultation with the chair or acting chair recommends suspension of such prohibitions.

However, should either of the conditions (contained in subsection (a) above) which initially triggered such prohibitions once again be present, then such prohibitions would again be in effect, consistent with subsection (1) above.

(Ord. No. 2017-12, §§ 1—5, 5-9-17)