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O73-32ORDINANCE NO. 73-~2 AN EMERGENCY .ORDINANCE .OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 17-7 OF THE CODIFIED ORDINANCES OF SAID CITY, MAKING IT UNLAWFUL TO I-LAVE ~ANY FIRES - -OPEN BURNING WITHIN THE CITY LIMITS, DEFINING OPEN BURNING, PaOVIOINS EXCEPTIONS, ApO ES ISHING PENAL- TIES;' PRoviDING FOi~ AUTHORITY TO CODIFY, SAVINGS CLAUSE , REPEALING PROVISIONS , AI~ EFFECTIVE DATE AND FOR OTHER PUrPosEs. PREAMBLE WHEREAS, air pollution is a mather of concern to the public health and welfare; ands WHEREAS, open fires are creating air pollution and nuisances affecting the health and welfare of citizens of the City of Boynton Beach, Florida~ in the air they breathe and the cleanli- ness of their homes and possessions, such as air conditioners, roof tops~ pools, outdoor furnitureland plantings; and, WHEREAS, open fires in the creation of and soot present a danger to traffic on the surrounding area; and, WHEREAS, the City Council of the City of smoke, odorsi ashes streets and the Boynton Beach, Florida~ deen~ the passage of this ordinance necessary and advisable to provide for the immediate preservation of public property, health and safety; NOW, THEREFORE, be it ordaine~ by the City Council of the City of Boynton Beach, Florida: Section 1: That Saction 17-7 of the Codified Ordinances of the City of Boynton Beach, Florida, be and is hereby amended to read as follows: "Section 17-7. Fires - Open burninq. (a) It shall be unlawful to have any open burning within the city limits on public or private property except for fire training purposes or recreational or ceremonial occasions for which written permits from the Fire Depart- ment are required. (b) i~o permits wilt be issued for any open burhing on the pu~li~ beach. (c) Open burning means any,outdoor fire or open combustion of material exceptin~ barbecuing. (d) Any person who violates these provisions and the owner of the land who allows these violations shall upon conviction be punished as provided in Section 1-6 of the Code of O~dinances of the City of Boynton Beach." Section 2: AUT~DRITY'TO CODIFY: Specific authority hereby grante~ to codify and incorporate this Ordinance in the City's existing Sec,tlon ., Code. SEPARABILITY: Each of the provisions of this Ordinance are separable, including wordt clause, phrase or sentence, and if any portion thereof shall be dectared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section4: REi~,A~ING PROVISIO~,~ All ordinances or parts of ordinances in conflict herewith are hereby repealed. Sectipn 5: ANEFFECTIVE QATE: This Ordinance shall become effective in the manner and at the time provided in the Cha~ter and Ordinances of the City of Boynton Beach, Florida. First ~ final reading ~ , A. D,, 1973. and passage this ~ day of CIT~ OF BOYNTOi~ BEACH, FLORIDA Mayor Vice Mayor ATTEST: /~ity Clerk Councilman Councilman