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22-89 ORDINANCE NO. 22-89 k~ OPDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIRE WORKS", SECTION 96.04, "OPEN BURNING", OF THE CODE OF ORDINANCES OF THE CITY OF DELI{AY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION E, PROVIDING AN EXCEPTION TO THE PROHIBITION FOR AIR CURTAIN INCINERATORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 9, "General Regulations", Chapter 96, "Fire Prevention; Fire Works", Section 96.04, "Open Burning", of the Code of Ordinances of the City of Delray Beach, Florida be and the same is hereby amended by enacting a new subsection (E) to read as follows: (E) That the prohibition of open burning contained in Subsec- tion A above shall not apply to the use of air curtain incinera- tors, provided that such air curtain incinerator process has received all of the necessary and applicable permits from other governmental regulatory agencies with such jurisdiction, and further subject to the express approval of the fire chief of the Delray Beach Fire Department as to the issue of overall safety of the proDerty, in neighboring properties for the use of such a procedure. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or an~-portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten (i0) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of ~, ~989. . ATTES~ :7 f ~ City ~l,~k First Reading April 11, 1989 Second Reading April 25, 1989