§ 46-73. Prohibited acts.

(a)

Except as allowed by section 46-74, below, all open burning is prohibited in Pasco County. Open burning allowed under section 46-74, below, shall be conducted in accordance with the conditions provided for such allowed activity. Except in accordance with section 46-74, below, no person shall otherwise ignite, cause to be ignited, permit to be ignited, suffer, allow, burn, conduct or maintain open burning. Any person empowered by law or ordinance to extinguish unlawful burning may extinguish or cause to be extinguished any fire that is unauthorized or which does not comply with this regulation. Any person responsible for unlawful open burning shall bear any applicable costs involved in extinguishing the fire, in addition to the fines for violation of this chapter set out in the county's uniform fine schedule.

(b)

All prohibitions specified in Rule 62-256.300(1) through (4), F.A.C., are included by reference in this regulation.

(c)

No open burning, including open burning otherwise allowed pursuant to section 46-74, below, may be conducted:

(i)

During a National Weather Service Air Stagnation Advisory;

(ii)

During a Florida Department of Environmental Protection Air Stagnation Advisory;

(iii)

During a local air pollution advisory;

(iv)

When the Keetch Byram Drought Index County Averages Map, as published by the Florida Forest Service, calculation for Pasco County meets or exceeds 500; or

(v)

When the Pasco County Administrator, based on a recommendation from the Pasco County Fire Chief or his/her designee, deems conditions hazardous and prohibits open burning.

During times open burning is prohibited, notice that a "burn ban" is in effect shall be available on the county's website. A "burn ban" shall be revoked using the following procedure: the Pasco County Administrator. based on a recommendation from the Pasco County Fire Chief or his/her designee that conditions no longer warrant the prohibition of otherwise lawful open burning, shall cause notice of the burn ban in effect to be removed from the County's website.

(d)

Any plastic, including insulation surrounding copper wire, may not be burned in Pasco County, except as may be permitted by Rule 62-256.300(2)(b), F.A.C. Possession of copper wire that displays charring, discoloration, or other evidence that indicates the plastic or insulation surrounding the wire was burned off, unless satisfactorily explained, gives rise to an inference that the person in possession of the copper wire participated in illegal burning of the plastic and/or insulation. Possession of copper wire that displays charring, discoloration, or other evidence that indicates the plastic or insulation was burned off, is also a violation of this chapter, unless the person in possession is a licensed secondary metals recycler in compliance with all applicable state and federal regulations, or the person in possession has a state or federal permit authorizing the burning of solid waste and has complied with all relevant conditions of such permit. "An absentee landowner shall not be responsible for unlawful burning on his or her property when conducted by a trespasser without the owner's knowledge or permission."

(Ord. No. 08-41, § 1, 9-23-08; Ord. No. 18-14, § 4, 4-11-18)