Manufacture, sale, time of display and discharge of fireworks

(a)

Manufacture prohibited. The manufacture of fireworks is prohibited within the city.

(b)

Permits required for supervised public displays. Except as hereinafter provided, it shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail, use or explode fireworks within the city, provided that the director of the department of fire-rescue may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, organizations or groups of individuals. Such permits may be granted upon:

(1)

Application to the director of the department of fire-rescue to be held as provided herein; and

(2)

The filing of a bond by the applicant as provided herein.

Every such display shall be handled by a competent operator licensed or certified as to competency by an acceptable reference and shall be of such composition, character and so located, discharged or fired as, in the opinion of the director of the department of fire-rescue after proper inspection, not to be hazardous to property or as not to endanger any persons. The director of the department of fire-rescue is authorized to refuse to issue any permit when he/she finds the public safety would be endangered. The cost of the permit fee shall be $390.00. Shooter certification requires an applicant to apply in person to determine compliance with state regulations. Annual certifications: $125.00.

Sale of sparkler requires submittal of a completed application package including site plan (30-day permit): $125.00.

(c)

Permit application, issuance.

(1)

Application for permits shall be made, in writing, at least ten (10) days in advance of the display. The director of the department of fire-rescue may shorten the ten day period, if approval can be processed in a shorter period of time. After such privilege has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be assigned or transferred, but a permit may be revoked for committing any prohibited act(s) or for other just cause.

(2)

Permits sought hereunder for pyrotechnic displays (fireworks) shall not be granted for displays to take place between the hours of 11:00 p.m. and 9:00 a.m. on Fridays and Saturdays. On all other days of the week permits shall not be granted between the hours of 9:30 p.m. and 9:00 a.m. The duration of displays shall not exceed 30 minutes from start to completion. There shall not be more than one display per event.

(3)

The restrictions contained in paragraph (c)(2) of this section shall not be applicable six days each year, including January 1, January 15, July 4 and December 31.

(4)

The city commission may relax the restrictions contained in paragraph (c)(2) of this section or declare them inapplicable on special occasions by resolution. The city commission may prohibit the display of fireworks at certain locations to improve quality of life for residents by resolution.

(d)

Sale, possession, use, distribution of fireworks. The sale, possession, use and distribution of fireworks for display purposes shall be conducted so as to be reasonably safe to persons and property. Evidence that the sale, possession, use and distribution of fireworks for display purposes has been conducted in accordance with the applicable standard, NFPA no. 1123, as amended, and F.S. ch. 791, as amended, shall be evidence that such sale, possession, use and distribution of fireworks for display purposes provide reasonable safety guidelines to adequately protect persons and property.

(Ord. No. 10824, § 2, 1-10-91; Ord. No. 11007, § 1, 10-8-92; Code 1980, § 19-7; Ord. No. 12105, § 2, 9-13-01; Ord. No. 13108, § 4, 10-8-09; Ord. No. 13201, § 2, 9-27-10)