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HomeMy WebLinkAboutPacket 12-02-2003CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: T Of Cape Canaveral REGULAR MEETING %LL ANNEX :ape Canaveral, Florida ESDAY ber 2, 2003 7:00 PM AGENDA City Council Regular Meeting Minutes of November 18, 2003. 2. Outdoor Entertainment Permit for the 8th Annual Reindeer 5K RuNWalk for the United Way of Brevard County, 3. Approval of Employee Christmas Bonus. 4. Resolution No. 0348; Reappointing Regular Members to the Construction Board of Adjustments and Appeals (T. Quinn, N. Boucher & R. Byrd). ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 41-2003; Non -Conforming Lots, for Second Reading. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting December 2, 2003 Page 2 of 2 RESOLUTIONS: 6. Motion to Adopt: Resolution No. 03-49: Agreement for Engineering . Services with Stottler, Stagg, and Associates. DISCUSSION: 7. Review of Board Member Application. 8. Review of Proposed County Fireworks Ordinance. 9. Regulation of On -Site Storage Containers. 10. Model Shuttle Project. REPORTS: City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the. appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 18, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Recreation Director Nancy Hanson Assistant Public Works Director Walter Bandish OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 21, 2003. 2. City Council Special Meeting Minutes of November 6, 2003; Certifying the Election Results of the November 4, 2003. 3. City Council Special Meeting Minutes of November 6, 2003; Consideration of the Renewal for Group Medical, Dental and Life Insurance. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. The City Clerk noted corrections under the Public Works Director's report section. She stated that the reuse project was in the "design" process not the bid process and that City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2003 Page 2 installation of a left turn "arrow" not turn lane for northbound Al traffic were the Public Works Director's intended statements. A motion by Mr. Morgan and seconded by Mr. Treverton to approve Consent Agenda Items No. 1 through 3 with corrections. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 27-2003; Vested Rights. Mayor Randels read Ordinance No. 27-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA CREATING A NEW CHAPTER 115 TO THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO VESTED DEVELOPMENT RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels stated that the proposed amendment would include a code section to address vested rights issues. There was no public comment. A motion was made by Mr. Hoog and seconded by Mr. Treverton to adopt Ordinance No. 27-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Adopt: Ordinance No. 39-2003; Amending Section 22-46, Providing for Appeal to the City Council of a Community Appearance Board Decision. Mayor Randels read Ordinance No. 39-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 22- 46 OF THE CAPE CANAVERAL CODE; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels explained that the Community Appearance Board being quasi-judicial and any appeals would require action in the Circuit court and the proposed ordinance would establish an appeals procedure to the City Council. Mayor Pro Tem Petsos encouraged the City Manager to request feedback from a League of Cities workshop that addressed how Councils participate in the site review process. Mayor Pro Tem Petsos stated that the Council is ultimately responsible to the citizens. The Planning and Zoning Board is a recommending body. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2003 Page 3 There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 39-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Adopt: Ordinance No. 40-2003; Adopting Amendments to the Annual General fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2003. Mayor Randels read Ordinance No. 40-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUNDS, SEWER ENTERPRISE FUNDS, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Treverton and seconded by Mr. Hoog to Adopt Ordinance No. 40-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. PRESENTATION: Buzz Petsos Mayor Randels gave remarks on Mayor Pro Tem Petsos' accomplishments during his tenure on the Council, such as liaison to Cape View Elementary School, the Beach Sand Fence project, landscaping the beach ends and irrigation with reclaimed water, City clean- ups and establishing the Youth Center to name a few. Mayor Randels presented Mayor Pro Tem Petsos with a plaque on behalf of the City and staff. Mayor Pro Tem Petsos also gave parting remarks and encouraged each City department to continue in their respective efforts toward improving and maintaining City services. He commended the Canaveral Fire Department for their professionalism. He asked that the Sheriff's Office continue their efforts toward visibility in the community. He commended the City Manager and also encouraged him to continue participation in the community and with the businesses as well. On a final note, he expressed his appreciation to the Council and wished them well. OATH OF OFFICE: Rocky Randels, Mayor and Stephen Miller, City Council Member Attorney Garganese administered the Oath of Office to Stephen Miller for Office of City Council. Attorney Garganese then administered the Oath of Office to Rocky Randels for the Office of Mayor. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2003 Page 4 NEW BUSINESS: RESOLUTIONS: 1. Motion to Adopt: Resolution No. 2003-43; Final Re -Plat of Gabriel -by -the -Sea; James D. Houston and Joy Morgan Gabriel, Applicants. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Resolution No. 2003-43 a Final Re -Plat of Gabriel -by -the -Sea. Mr. Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 2. Motion to Adopt: Resolution No. 2003-44; Appointing a Mayor Pro Tem. Mayor Randels nominated Mr. Hoog for the position of Mayor Pro Tem. Council members agreed and supported the nomination. A motion was made by Mayor Randels and seconded by Mr. Morgan to Adopt Resolution No. 2003-44 Appointing Bob Hoog as Mayor Pro Tem. The vote on the motion carried 5-0 with voting as following: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher announced the Wage and Salary Plan Workshop Meeting on Tuesday, December 2"d, at 5:00 P.M. • Mr. Boucher announced the Pre -Application meeting with Country Inn Suites on Thursday, November 20th. Mr. Morgan inquired about a traffic light program in the proposed area. Mr. Boucher replied that discussion with the property owners is forthcoming. 2. Staff • No reports. 3. City Council Mr. Morgan • Mr. Morgan welcomed Mr. Miller on board the Council. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog reported that he attended the Legislative Conference with the Florida League of Cities and he would provide information at the next Council meeting. • Mayor Pro Tem Hoog welcomed Mr. Miller on board. Mr. Treverton • Mr. Treverton welcomed Mr. Miller on board and he also congratulated Mr. Hoog as the new Mayor Pro Tem. City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2003 Page 5 • Mr. Treverton also thanked for Mayor Pro Tem Petsos for his influential role on the Council. Mr. Miller • Mr. Miller extended his best regards to Mayor Pro Tem Petsos and expressed that he looked forward to serving on the Council. Mayor Randels • Mayor Randels reported that the City might want to re -address the peafowl population. Mr. Hoog inquired about the residents that desire to form a committee to address this issue. • Mayor Randels stated the residents are the actual winners of the election in that both he and Mayor Pro Petsos were capable candidates. AUDIENCE TO BE HEARD: Ms. Alicia O'Donnell addressed a drug problem hindering public safety one block from City Hall in the 300 block of Polk Avenue. She requested immediate action from the Council on this matter. Mr. Gene Petre asked Mr. Miller to tell about his background. Mr. Miller stated that he was born in Baltimore, Maryland and lived in the suburb of Bellaire. He attended James Madison University in Harrisburg, Virginia where he married and then transferred to Towson State where he studied Economics. After graduation he went to work for General Electric in Columbia, Maryland. He relocated to Cocoa Beach and worked for Planning Research Corporation that transitioned into Lockheed -Martin. He acquired his State General Contractor's license in 1986. He worked in the custom home market for several years. For the last three and one-half years he worked with Jackson Marine Services, Inc until recently when he opened Waterside Construction. His company performs both general contracting and marine services. Mr. Miller said that his young son has helped him to develop his perspective and goals. Education and the environment are some of his goals along with structured development. He planned to work within the City's Comprehensive Plan and maintain direction. He expressed that the City is located within a major hub. His main goal is toward a safe, enjoyable City. Mr. Miller looks to maintain the personalized environment that the City now experiences. Mr. James Huston commended the City's Building Department on their personal touch on his project, Gabriel -by -the -Sea. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 7:55 P.M. Rocky Randels, MAYOR Susan Stills, CIT CLERK Meeting Type: Regular Meeting Date: 12-02-03 0 AGENDA Heading Consent Item 2 No. Outdoor Entertainment Permit CITY COUNCIL OF THE CITY OF CAFE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR EIGHTH ANNUAL REINDEER 5K RUN/WALK FOR UNITED WAY OF BREVARD COUNTY DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council approve the permit for this event. Summary Explanation & Background: See attached application for details. The route is the same as 2002. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit City Man ' � Office Department ADNIlNISTRATION . ,.....�, u.�u.g.cvwuL-1.3w.7 dc7natR1'.0M CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. O 0 N Date: %p\:a-7 f o -S The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: �)U a (A) l0 c-- A ii' 11 r> C Title: Firm: Cv &'1 Address: q -25-7 32C12Z Telephone: (� 1i (D 3 - `A l7FAX: 3 z 1 to 31 - .z CAD 7 Local Contact: �(a tY�C. a > C \O OQC- Title: Local Address (if different from above Type of Event: S Event Date(s) in Cape Canaveral: Location(s): kA - � um _;s Date(s) Time e3 10"3 U,--5 C) cum — 11'.00 a . rr - Attach map(s) indicating event area and designated parking areas. Wrafffic Control Street Closing (tn aV ate -a'h e k) ❑Other 1 Specify: %) 1 V-4— kr cc ce AUse of Police/Fire Rescue Equipment ❑Vehicles/Equipment on Beach $Vehicle Parking on City Property �UrxC`c1i c.4'�S *�\Ce (?'X TIMI u? 7.1Pmrkt-aQ By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Expiration Date: Policy No: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. IF� \%n, cA t-ee, Z1 Cash 0-1pCA0-� 1 h _6D,,(� -s) SCA_ (p`.30 okM - PVc C (.f• Date A plicant or Representa ive/ itle1P{,. m �cm kph Approved by City of Cape Canaveral1", - (N City Representative's Name: Title: Signature: Applicants shall keep a copy of this -approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information. please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321)868-1224 / 1 l 1 t l t & Associates i II i AMUSEME\'TS AND ENTERTAINMENTS ARTICLE I. IN GENERAL Secs. 10-1-10-25. Reserved. ARTICLE II. AMUSEMENT DEVICE CODE* Sec. 10.26. Adopted. (a) The Standard Amusement Device Code, 1985 edition, published by the Southern Building Code Congress International, Inc., is adopted by reference as though it were copied fully in this article. (b) Whenever the term "administrative authority" or "official" is used in the amusement device code adopted in this section, it shall be con- strued to mean the building official of the city or his authorized representative. (c) Any person who shall violate or who shall fail to comply with the code adopted in this sec- tion or who shall violate or fail to comply with any order or regulation made under the code adopted in this section or who shall build in vio- lation of any detailed statement or specifications or plans submitted and approved under such code or any certificate or permit issued under such code shall, for each and every such violation and non- compliance, respectively, be punished as provided in section 1-15. (Code 1981, H 628.01-628.03) Sec. 10-27. Amendments. The amusement device code adopted in section 10-26 is amended as follows: (1) Section 108.1 is amended to read as follows: Appointment. There is hereby established a board to be called the construction board of adjustment and appeals, which shall con- sist of five members. The board shall be appointed by the city council. § 10.46 108,2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial in- terest. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any - failure of a member to vote. (3) Section 108.3 is amended to read as follows: 108.3 Quorum and voting. A simple ma- jority of the board shall constitute a quorum. Secs. 10-28-10.45. Reserved. ARTICLE III. OUTDOOR ENTERTAINMENT - DIVISION 1. GENERALLY Sec. 10.46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Outdoor entertainment events means any gath- ering of groups or persons for the purpose of par - (2) Section 108.2 is amended to read as follows: tCross references—Code enforcement, § 2.246 et seq.; 108.2. Membership and Terms. parks and recreation, ch. 54; streets, sidewalks and other public places, ch. 66; buildings and building regulations, ch. 82; *Cross reference—Code enforcement, § 2.246 et seq. zoning, ch. 110. CD10:3 § 10.46 CAPE CANAVERAL CODE ticipating in, viewing, observing, watching or lis- tening to entertainment which consists of musical renditions, sporting contests or events, festivals or other entertainment not conducted within a completely enclosed structure. (Ord. No. 23.92, § 1(729.01), 12-1-92) Cross reference—Definitions and rules of construction gen- erally, § 1-2. Sec. 10-47. Compliance with other laws. The staging, promoting or conducting of an out- door entertainment event shall be in full and com- plete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli- cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10.48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-15. (b) The city council may revoke the special out- door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational license upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 10-49. Occupational license required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23-92, § 1(729.02), 12-1-92) Cross reference—Occupational license taxes, § 70.88. Sec. 10.50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec- tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, asso- ciation or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and approval of an outdoor enter- tainment event promoted by such organization, association or group shall be based upon a suffi- cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), 12-1-92) Secs. 10-51-10.60. Reserved. DIVISION 2. PERMIT Sec. 10.61. Required. Any person desiring to stage, promote or con- duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 23-92, § 1(729.03(A)), 12-1-92) Sec. 10.62. Application. An application for a special outdoor entertain- ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are met: CD 10:4 (1) Adequate plans for site construction, sani- tation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent control, water supply and food service. For the pur- poses of evaluating such plans, the stan- dards established by the rules of the state AMUSEMENTS AND ENTERTAINMENTS § 10-62 division of health in the sanitary code of rity and traffic control on duty at all times the state shall be considered as minimum for every 500 patrons, with no security per - requirements. For the purposes of this ar- sonnel working more than one eight-hour title, part IV, chapter IOD -25, excluding sec- shift in any 24-hour period. The plan shall tions 25.077, 25.078, 25.079, 25.080, of the include a detailed description of the plan of Florida Administrative Code and any suc- security, traffic control, communications, ceeding rule, regulation or law shall be con- fire protection and emergency services, in- sidered specifically applicable to the oper- cluding ambulance service, to be used and ation of an outdoor entertainment event. In how it is to be implemented, and a detailed evaluating the plans, the council shall also background on the training and ability of consider the applicability of F.S. ch. 386, the personnel to be used in implementing part I, and such other provisions of law, the such plan. sanitary code or local ordinances as it may deem necessary in the interests of the public (5) A full and complete disclosure of the finan- health and welfare. tial backing of the outdoor entertainment event, including the names of all persons (2) An adequate geographic description and with a direct or indirect financial interest scale map or plan of the festival site in the staging, promoting or conducting of showing the location of all required facili- such event, whether such interest be by ties, including adequate traffic control and virtue of ownership in any entity staging, parking facilities outside the performance promoting or conducting such event, status area. Such plans shall provide for at least as an employee of any person staging, pro - one parking space for every five patrons moting or conducting such event or any in - and for safe transportation of the patrons volvement by which such person stands to from the parking area to the performance gain or lose financially from such event. area. No motor vehicle shall be permitted (6) The names of all persons or groups who will outside the designated parking area, ex- cept when necessary to ensure compliance perform at the outdoor entertainment event with this article. and executed copies of all contracts or agree ments with such persons or groups. (3) An adequate plan for medical facilities. (7) The names of all persons who will provide There shall be provided one physician li- products, materials or services, other than tensed in this state on duty at all times for entertainment, to or at the outdoor enter - every 2,000 patrons, one nurse licensed in tainment event and executed copies of all this state on duty at all times for every contracts or agreements with such persons. 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- (8) The exact date and time of commencement icines, bandages, medical compounds, med- and the exact date and time of the conclu- ical instruments, serums, tape and such sion of the outdoor entertainment event. No other supplies as are necessary to treat ad- event shall begin before 10:00 a.m. or end verse drug reactions, cuts, bruises, abra- after 10:00 p.m. sions, bites, fractures,* infections and other injuries commonly connected with such out- (9) A written public liability insurance policy door activities. insuring the person staging, promoting or conducting the outdoor entertainment event 4? An adequate plan for internal security, against any and all claims and demands traffic control, communications, fire protec- made by any person for injuries received in tion and emergency services, including am- connection with the staging, promoting, con- bulance service, in and around the event ducting or attendance of or at the outdoor area. Such plan shall provide for at least entertainment event, written within limits one person professionally trained in secu- of not less than $300,000.00 damage or in- CD10:5 § 10.62 CAPE CA-NAVERAL CODE jury to any one person for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1.92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10-63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10.64. Cash cleanup bond. Any person holding a special outdoor entertain- ment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12.1-92) Secs. 10-65-10.85. Reserved. ARTICLE IV. ADULT ENTERTAINMENT* DIVISION 1. GENERALLY Sec. 10.86. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar ma- chines for viewing by five or fewer persons each are used to show films, motion pictures, video cas- settes, slides or other photographic reproductions which are characterized by emphasis upon the de- piction or description of specified sexual activities or specified anatomical areas. For the purposes of this article, adult arcade is included within the definition of adult motion picture theater. Adult bookstore means a place that sells or of- fers ffers for sale, for any form of consideration, adult materials, the gross sale of which represents more than ten percent of the gross sales of the place or that comprises more than ten percent of the indi- vidual items it displays on the premises as its *Cross references—Code enforcement, J 2-246 et seq.; res ulations regarding nudity on alcoholic beverage establish- ment premises, § 6-27; public nudity prohibited, § 50-2; occu- pational license taxes, § 70-66 et seq.; zoning, ch. 110; adult entertainment establishments permitted by special exception in the M-1 light industrial and research and development dis- trict, § 110.354. CD10:6 Mar 12 03 03:55p Kim Jones Rgency 3213832337 p.4 CERTIFICATE OF INSURANCE The company indicated below certifies that the Insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend. extend. or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described below. CERTIFICATE HOLDER 2003 REINDEER RUN CITY OF CAPE CANAVERAL PO BOX 326 CAPE CANAVERAL, FL 32920 INSURED: UNITED WAY OF BREVARO INC 937 DIXON BLVD COCOA. FL 32922 I AUTOMOBILE LIABILITY POLICY NUMBER I POLICY I POLICY I LIMITS OF LIABILITY I I Bod�.ly Injury I TYPE OF INSURANCE I & ISSUING CO. JEFF. DATE IEXP. DATE I (*LIMITS AT INCEPTION) I I (Each Accident) ........ $ LIABILITY 77 -BO -492146-3001 02-28-03 102-28-04 1 I (Each Accident) ........ $ I CX] Liability and I NATIONWIDE I I j Any One Occurrence........ S 1.Ooo,000 Medical Expense I MUTUAL I I I I Personal and I INSURANCE CO. I I Included in Above - Any One Person or Advertising Injuryl I I Organization I [X] Medical Expenses I I I ANY ONE PERSON ........... S 5.000 I [X] Fire Legal I I ) Any One Fire or Explosion $ 50.000 I Liability I I i I I General Aggregate* ....... $ 2.00C,000 I I I I Prod/Comp Ops Aggregate* . 1,000,00C I [ ] Other Liability I I AUTOMOBILE LIABILITY I I I[] BUSINESS AUTO I I I I Bod�.ly Injury I I ( (Each Person) .... ..... $ [ ] Owned I I I (Each Accident) ........ $ I [ ] Hired I I I Property Damage I [ ] Non -Owned I (Each Accident) ........ $ I I I_ I Combined Single Limit .... I EXCESS LIABILITY I I I I Each Occurrence .......... $ I I I I Prod/Comp Ops/Disease I I [ ] Umbrella Form I f { { Aggregate* ............. $ I I I I I I STATUTORY LIMITS I I [ ] Workers' I J I I BODILY INJURY/ACCIDENT ... $ I Compensation I I I { Bodily Injury by Disease J I and I I I I EACH EMPLOYEE .......... $ I [ ] Employers' I I I Bod'ly injury by Disease Liability I I I I POLICY LIMIT ........... $ I- I Should any of the above described policies be cancelled before the DESCRIPTIOiN OF OPERATIONS/LOCATIONS expiration date. the insurance company will endeavor to mail VEHICLES/RESTRICTIONS/SPECIAL ITEMS written notice to the above named certificate holder, but failure to 2003 REINDEER RUN CITY OF mail such notice shall impose no obligation or liability upon the CAPE CANAVERAL ALSO IS company, its agents. or representatives. , AD 1 ,INSURED Effective Date of Certificate: 02-28-2003 Authorized Representative:IMP LY JONES Date Certificate Issued: 03-12-2003 Coun-ersigned at: 50 S W'ASHIN'GTON AVE. TITUSVILLE, FL 32780 Date Applical Day Phc Drganiz: Applicat ., Mailing ST9W/P0 Box ('-`� Cm' Starr Tae Park Name and Facilities Rested d Event Namerr. r t` e n Oe e f? �f' i r, Type of Activity f tf C."n Event Date (s) 1 j �S ` r Estimated Attendance , r '-3 _ 3 G' Deas REqursn:v Times (Including Preparation/Cleanup) �� �^ �✓ �''�'' �''� Cleanup Checklist Required E2 Yes ❑ No If required, initials and date of receipt by user: .................................................... Tim FOLLOWINGTOBECOMYI.EUM BY S.IFF.............................................. PERMIT CATEGORIES (CHECK ONE ❑ C; TEGORY I Department Co -Sponsored ❑ CATEGORY IV Private (Private Groups, Organizations, Individuals) 4 CATEGORY 11 Sanctioned ❑ CATEGORY V Public Issue Speech GATEGORY III Non -Profit (Must qualify for tax exempt status pursuant to 501(c) criteria of the IRS Code) TAx EXEMPT # I Lf GONDrrIONS (CHECK ALL APPLICABLE HIGH RISK CONDMONS (CHECK ALL APPLICABLEctivity open to public ❑ Athletic events with physical contact IFI Admission charged ❑ Alcoholic beverages and open to the public ❑ Alcohol ❑ Sale of food items for functions open to the public ❑ ood sales ❑ Amplified music primary to function with over 200 people expected Amplified music (Type I -� ) ❑ Commercial activities as defined in Chapter 78, Brevard County Code, and herein, Jwhere such activities, are open to the public. THF. PARK/FAcnxrY YOU HAVE REQUESTED IS LOCATED WITHIN THE CITY LIMITS o6 og t r1 '0 L) ` z - � . PLEASE CONTACT THAT CITY TO DETERMINE IF IT HAS ANY REQUIREMENT(S) YOU MUST MEET. TAXABLE FEES DEPOSITS Facility Rental Fee: $ NON-TAxABLE FEES Facility Rental Fee: Additional Fees: Employee Fee: Tourist Tax: $ $ $ Additional Fees: . e n Fla. State Sales Tar: $ SLB TOTAL $ SUB TOT\L GRAND TOTAL: RECIiiPT# D:\Tli RI:cE1PT Dn AMoeN,r $ AMOUNT TE AMOUNT $ RECEIPT # DATE I am 18 years of age (? 1 years of age if alcohol will be present) or over and understand as a representative of said event/organization, that I take full responsibility for each and even- participant of said function. I hereby waive any and all claims against the Board of County Commissioners and its employees and agents arising out of any personal injury or property damage that is incurred during said function. I have also read the information on the reverse side of this permit and agree to the terms and conditions hereof. X � t '1 > `0 1 -k 1? - C 6 PLICiLNT SS IGN.XTURE AIE PRINT YOUR NAME . S SIGNED PARKS .k\D RECREATION APPROVkl, PR-108-CM-QXD (02/00) Ll PARK PATRON COPY TITLE DATE DEPOSITS A separate payment is always required for $ de posits. $ Custodial De osit: $—/ Q G CtsiiIrm ❑ ris- Receipt �3 CASH CHECK $ Damage Deposit $ El $ Receipt # Date $ - Key Deposit $ C1,141 CHECK El } ^ r: .. y= Receipt # Date TULIP INSURANCE TE AMOUNT $ RECEIPT # DATE I am 18 years of age (? 1 years of age if alcohol will be present) or over and understand as a representative of said event/organization, that I take full responsibility for each and even- participant of said function. I hereby waive any and all claims against the Board of County Commissioners and its employees and agents arising out of any personal injury or property damage that is incurred during said function. I have also read the information on the reverse side of this permit and agree to the terms and conditions hereof. X � t '1 > `0 1 -k 1? - C 6 PLICiLNT SS IGN.XTURE AIE PRINT YOUR NAME . S SIGNED PARKS .k\D RECREATION APPROVkl, PR-108-CM-QXD (02/00) Ll PARK PATRON COPY TITLE DATE Brevard County Parks and Recreation Department OTHER INFORMATION AND CONDITIONS FOR ISSUANCE OF USE PERMIT Prior to granting a permit, the individual and/or organization sponsoring the activities or events shall agree to indemnify and hold Brevard County harmless from any and all liability, claims, damages, expenses (including attorney fees) proceedings and causes of action of every kind and nature arising out of or connected with said sponsor's use, occupation or control of the park or recreational facility (or any improvements thereon or any furniture, furnishings, equipment and fixtures utilized in connection therewith), unless liability, claims, damages, or expenses are a result of Brevard County's sole negligence. The sponsor shall further agree that it will, at its own expense, defend any and all actions, suits or proceedings which may be brought against Brevard County in connection with said parks and facilities arising from said sponsor's activities and will satisfy; pay, and discharge any and all judgements that may be entered against Brevard County in any such proceeding. Any material misrepresentation, whether written or oral, by a permit applicant on an application or during the application process, where the Department relied on such misrepresentation in granting a permit, shall be grounds for the Department's immediate revocation of such permit. Five business days are required to communicate whether an applicant's permit is granted or denied and, if denied, the reason for such denial. Applicant may appeal the refusal of a permit by written notice to the County Manager. In any event, liability will be assumed by the sponsoring individual and/or organization with regard to any personal injury, liability, and/or property damage arising from the activities of such sponsoring group or individual. All persons granted a permit to use a county park or recreational facility must agree to abide by all applicable established rules, regulations, laws and ordinances of state, federal, county and city governments and their respective agencies. Upon completion of the activity, the facility and adjacent area must be clean, orderly and free of any obstruction, or litter. Applicant shell be responsible for all costs associated with damages to park facilities and grounds. These costs shall include the personnel hours, materials and equipment required to complete repairs. Cancellation of a reservation may be initiated by applicant not less than 72 hours prior to the scheduled use; however, an $8.00 processing fee will be assessed and/or deducted when the reservation fee is refunded. If a High Risk Condition is checked 0 on the Permit Application, then General Comprehensive Liability Insurance in an amount not less than $300,000 per occurrence to cover any and all claims and costs arising in connection with any accident or occurrence related to such activities must be provided. Also, Fire Liability Insurance not less than $50,000 per occurrence must be provided. Also, Brevard County must be named as additional insured on the Certificate of Insurance. Insurance provided by A copy of the insurance policy binder must be provided to Area Parks Operations Office by DATE Security Plan required if event has conunercial activity, is open to the public, and 50 or more persons expected to attend event. Security provided by Use Permits are not transferable. COMMENTS OFFICIAL RECEIPT No. 186454 BREVARD COUNTY, FLORIDA DATE: _ \ -:�L_0-� PARKS & RECREATION DEPARTMENT AREA: NON -TAX: NA E LAU TAXABLE: ST EETADDRFSS C C _ - �- A TAX CITY / STATE / ZIP TOT. $4 t �-I CASH ❑ CHECK # PARTICIPANT N M s) ACTIVITY/DATE/TIME/LOCATION TAX EX MPT # PR 134 -RTE -DEP (11/96) v DRIVER LICENSE # --�-. TURE i Meeting Type: Regular Meeting Date 12-02-03 AGENDA Heading Consent Item 3 No. Bonus List CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of the employee Christmas bonus. Summary Explanation & Background: This is a budgeted item, and I recommend approval. See attached bonus list. Exhibits Attached: Bonus List City ManageVs Office Department LEGISLATIVE _�"—In "u u Cu+,tw,a \awuiu\uvuiicil\meecinq\zuus\t[-u2-ua\bonus.aoc TOTAL 7,175.00 3,653.50 93.75 3,427.75 y%" a �J ' ' gw : Total 7,175.00 'b 2002 CHRISTMAS BONUS 40 �- p� O EMP. Hire Fund and Fund # Fund # Fund # # Name Year 2003 Account Number 001 105 401 1003 Boucher, Bennett C 1981 355.00 001-02 248.50 106.50 1013 Bowers, Andrea L 1995 142.50 001-02 99.75 42.75 1118 Daine, Linda J 1998 100.00 001-06 100.00 1005 McIntire, Kim 1993 175.00 001-02 122.50 52.50 1146 Haas, Virginia 2001 55.00 001-02 38.50 16.50 1009 Stills, Susan 1994 160.00 001-02 112.00 48.00 1111 Puleo, Cheryl 1993 162.50 001-02 81.25 81.25 1051 Chapman, Susan L 1989 235.00 001-06 235.00 1152 Malorey, Todd 2002 40.00 001-06 40.00 1150 Watson, Jim 2002 27.50 001-06 27.50 1018 Barker, Scott A 1996 130.00 001-07 130.00 1106 Daine, Francis 1995 145.00 001-07 145.00 1007 Davis, Timothy J 1996 130.00 001-07 130.00 1103 Dawson, Cathy 1991 205.00 001-07 205.00 1107 Evans 11, Donald W 1990 220.00 001-07 220.00 1104 McKee, Kay O 1991 205.00 001-07 143.50 61.50 1019 Richart, Michael 1992 190.00 001-07 190.00 1147 Robins, Glen 2001 55.00 001-07 55.00 1012 Akery, Carl R 1966 580.00 401-10 580.00 1061 Bandish, Walter M 1990 205.00 401-10 205.00 1102 Clark, June A 1986 280.00 401-10 280.00 1145 Cooper, Chester 2001 55.00 401-10 55.00 1062 Cordero, Carlito 1998 85.00 401-10 85.00 1063 Dasno, Barbara E 1990 205.00 401-10 205.00 1156 Deines, Gregory A. 2002 40.00 401-10 40.00 1023 Dujardin, Thomas R 1996 130.00 401-10 130.00 1056 Fox, Raymond W 1989 235.00 401-10 235.00 1029 Gardulski, Edward 1997 115.00 401-10 17.25 17.25 80.50 1129 Hardy, Cathy 1999 85.00 401-10 12.75 72.25 1039 Huston, Marianne 1998 100.00 401-10 15.00 15.00 70.00 1020 Marks, Helen P 1996 130.00 401-10 130.00 1065 McCormack, Larry 1991 205.00 401-10 205.00 1011 Prince, Paul E 1989 235.00 401-10 235.00 1068 Taylor, Melton J 1992 190.00 401-10 190.00 1045 Veenstra, Kenneth 1990 220.00 401-10 220.00 1138 Hammons, Michael 2000 57.50 001-11 57.50 1120 Carrigan, Barbara 1998 87.50 001-11 87.50 1125 Fulton, Brenda 1999 72.50 001-11 72.50 1032 Hanson, Nancy L 1978 400.00 001-11 400.00 1037 Norman, Francoise 1983 312.50 001-11 312.50 1043 Welton, Donna 1986 267.50 001-11 267.50 1161 Stone, Beatrix F_ 2003 25.00 001-02 12.50 12.50 1163 Alexander, Duree B. 2003 25.00 001-09 25.00 1164 Budesa, Cheryl 2003 12.50 001-04 12.50 1166 Morris, Charlene 2003 12.50 001-04 12.50 1167 Rockey, Karen S. 2003 12.50 001-04 12.50 1168 Beedie, Davina J. 2003 25.00 401-10 25.00 1169 Butterworth, Janice E. 2003 12.50 001-11 12.50 1170 Martin, Jerry 2003 25.00 401-10 25.00 TOTAL 7,175.00 3,653.50 93.75 3,427.75 y%" a �J ' ' gw : Total 7,175.00 Meeting Type: Regular Meeting Date 12-02-03 ER AGENDA Heading Consent Item 4 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 03-48, REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 0348, reappointing Thomas Quinn, Norman Boucher and Randall Byrd as regular members to the Construction Board of Adjustment and Appeals. Summary Explanation & Background: Their terms will expire as follows: Quinn - 12-15-06 Boucher - 12-15-05 Byrd - 12-15-04 I recommend approval Exhibits Attached: Application and Correspondence City Manager -'I Office Department LEGISLATIVE ca sr " im\my cum in\council\meeting\2003\12-02-03\03-48.doc I' Ij i �P I� \f' RESOLUTION NO. 03-48 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Thomas Quinn is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15. 2006. SECTION 2. Norman Boucher is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2005, SECTION 3. Randall Byrd is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2004 Cape Canaveral, FL 32920 Dear Mr. Quinn: of Cape Canaveral Your term on the Construction Board of Adjustments and Appeals expires on December 15, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 2, 2003. In order to stagger the board appointment terms your appointment will be for a three-year term expiring on December 15, 2006. Thank you. DO wish to be considered for reappointment. 0 1 DO NOT wish to be considered for reappointment. (Signature) onstruction Board of Wustme t and Appeals, Member Sincerely, Susan Stills, CMC 10,ER" P h °.&' e CAR OW 1/1a `1/ o 3 CITY CLERK me. QtRrnln/ 'S S -T AE o VoTEi2 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralCa)cfl.rr.com Cape Canaveral, FL 32920 Dear Mr. Boucher: of Cape Canaveral Your tern on the Construction Board of Adjustments and Appeals expires on December 15, 2003. Please check the box that indicates your desire to continue to serve on the Board for a two-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, December 2, 2003. In order to stagger the board appointment terms your appointment will be for a two-year term expiring on December 15, 2005. Thank you. ["I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be sm.-ldered for reappointment. i • (Signature) ction Board of Adjustments and Appeals, Member CoIncerely, Ph Susan Stills, CMC iy>� CITY CLERKu CifR J5 %eSis �e � 1�nTE�2 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Cape Canaveral, FL 32920 Dear Mr. Byrd: T Of Cape Canaveral Your term on the Construction Board of Adjustments and Appeals expires on December 15, 2003. Please check the box that indicates your desire to continue to serve on the Board for a one-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, December 2, 2003. In order to stagger the board appointment terms your appointment will be for a one-year term expiring on December 15, 2004. Thank you. iM I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Construction Board of Adjilklmerifs and Appeals, Member Sincerely, Susan Stills, CMC PES- C ko-IE C A(i o, 11) d ,4r0 3 CITY CLERK M P, . i�Ir4 + s A R 9-1 ; T 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralOcErr.com Meeting Type: Regular Meeting Date 12-02-03 AGENDA Heading Ordinances -I' reading Item 5 No. expanded or altered where such lot fails to meet the minimum area, width or depth criteria for the zoning district. CITY COUNCH. OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 41-2003, AMENDING CHAPTER 110 PROVIDING REGULATIONS FOR NONCONFORMING LOTS OF RECORD DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 41-2003, amending Chapter 110 providing regulations for nonconforming lots of record as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning & Zoning Board recommended this proposed ordinance at their 11-12-03 meeting. The ordinance provides that where single family dwellings are permitted, they shall be allowed to be erected, expanded or altered where such lot fails to meet the minimum area, width or depth criteria for the zoning district. I recommend approval. Exhibits Attached: Ordinance No. 41-2003; Staff Report City Managers Office Department GROWTH MGMT/P&Z CdA lm\mVd _omen n\rn,mn; � \oae+;....� onno\ o. nn V��- ---.--..•+.-+- +. sJ1 —\ice-VG-VJ\Yl. 4VV3. doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Suzanne D'Agresta° Cocoa & Viera Jeffrey P. Buak° Anthony A. Garganese° John U. Biedenharn, Jr. Gary S. Salzman" Joseph E. Blitch John H. Ward' Douglas Lambert Jeffrey S. Weiss Katherine Latorre — Michelle A. Reddin *Board Certified Civil Trial Lawyer November 13, 2003 Erin J. O'Leary *Board Certified Business Litigation Lawyer Of Counsel °Board Certified City, County & Local Government Law VIA Facsimile B -U.S. Mail 321-868-1224 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance - Nonconforming Lots Of Record City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: As you are aware, the Planning and Zoning Board reviewed a proposed ordinance amending Chapter 110, Article V relating to nonconforming lots of record at its November 12, 2003 meeting. The Board recommended approval of the ordinance to the City Council. Please find enclosed herewith Ordinance No. 41-2003 for your review. If you do not have any comments or questions, please place this item on the next available City Council Agenda for review and consideration. Should you have any questions or comments regarding this matter, please do not hesitate to contact our offices. Very truly yours, Jeffrey P. Buak Assistant City Attorney HM Enclosure: Ordinance No. 41-2003 F:\Docs\City of Cape Canaveral\Correspondence\Boucher\Ordinance_Amend_Chapter110_Followup Ltr111303.wpd 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@oriandolaw.net ORDINANCE NO. 41-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE V, CHAPTER 110 OF THE CITY CODE, ENTITLED NONCONFORMITIES; PROVIDING REGULATIONS FOR NONCONFORMING LOTS OF RECORD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VM of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City recognizes there are lots of record within the City which are nonconforming for purposes of residential development, but which are conforming under the code for more intense uses, such as town house and commercial development; and WHEREAS, the City desires to amend its code such that where single family dwellings are permitted, they shall be allowed to erected, expanded or altered where such lot fails to meet the minimum area, width or depth criteria for the zoning district; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Article V of Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Article V of Chapter 110. It is intended that the text in Article V of Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 41-2003 Page 1 of 4 CHAPTER 110 - ZONING ARTICLE V. NONCONFORMITIES Sec. 110-196. Nonconforming lots of record. Lai In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width and/or depth for the applicable zoning district. This provision shall only apply where: such lot is not of continuous frontage with other lots in the same ownership-, and 2) where yard dimensions and requirements other than, area, width and/or depth conform in all other respects with the land development regulations for the applicable zoning_ district. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage are: W in single ownership, of record at the time of adoption (to wit: , 2003) or amendment of this section; and if all or part of the lots do not meet the requirements established for lot area, width and/or depth, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter. No portion of said parcel shall hereafter be used or divided in a manner which leaves any lot with a width or area below the minimum requirements established by this Chapter. Sec. 110-+%197. Repairs and maintenance. (a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the replacement value City of Cape Canaveral Ordinance No. 41-2003 Page 2 of 4 of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this section is derived shall not be increased and, provided further, that such repair or replacement shall not affect the assessed valuation -time allowance before termination setting the time limit for conformity, set forth in section 110-195(6). (b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official. Sec. 110497198 The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of the ordinance from which this section is derived, unless it complies with this chapter. Sec. 110-398199-110-220. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption on next page] City of Cape Canaveral Ordinance No. 41-2003 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\NonCon_Lots_Record.wpd City of Cape Canaveral Ordinance No. 41-2003 Page 4 of 4 Memorandum To: Bennett Boucher, City Manager From: Todd Peetz, City Planner cc: Todd Morley, Building Official Date: November 24, 2003 Subject: Non -conforming lots in R-2 zoning. We recently reviewed a special exception request for residential (single family) use for a commercially zoned parcel that was a non -conforming lot of record. When this happens and if approved, the residential use must comply with the rules found in R-2 zoning or zoning for town home developments, Section 110-334(c)10. The lot itself is similar to many vacant non -conforming lots in the City. It is 50' x 125', equaling 6,250 sq. ft. and in the case of the special exception is a corner lot. The parcel in question can meet the setbacks of R-2 residential single family but not the lot width (75'), Section 110- 296(2) or overall minimum lot size (7,500 sq. ft.), Section 110-296(1)a. This proposed request was tabled to allow further consideration and to possibly amend the code. Again the parcel in question can meet all the setback requirements, Section 110-297. If this were an interior lot, and the applicant wanted to build a single family home they could not; however, they could build two (2) town homes. This could suggest that property owners with these non- conforming lots of record must build town homes or are not permitted to build single family homes. The P&Z board felt this was an unintended result and recognized the need to allow for single family homes. The discussion and recommendation also recognized that property owners should still meet the setback requirements found in the R-2 zoning district and that only for lots that are official non -conforming lots of record. The City Attorney prepared language to address this specific concern. If you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. iz_Z Os„4w.N> To x too Y5 +o s1 ow N+� • G+n�w«ht�t� SO )K7 1) efAIZ &A. Loi` 9 ;I�,t wm • --10, )^ 4 r aowr--- -IT :S t GA' Meeting Type: Regular Meeting Date 12-02-03 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Resolutions Item 6 No. respondents, Stottler, Stagg & Associates being ranked number one. SUBJECT: RESOLUTION NO. 200349, AGREEMENT FOR ENGINEERING SERVICES WITH STOTTLER, STAGG & ASSOCIATES DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the adoption of Resolution No. 2003-49 authorizing the mayor and city clerk to enter into an engineering services agreement with Stottler, Stagg & Associates, Architects, Engineers, Planners, Inc. to provide consulting engineering services to the City. Summary Explanation & Background: The City went out to bid for consulting engineering services. City Council and staff reviewed and ranked the bid respondents, Stottler, Stagg & Associates being ranked number one. This contract has been updated with additional language as recommended by the city attorney. This is a continuing contract for a five-year period with consecutive one-year renewals. Staff has reviewed the proposed contract and recommended approval. Exhibits Attached: Resolution No. 2003-49/contract City Manager's Office r Department ADMINISTRATION C kim\mvd cumente i I--I;I�.,, ,n AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT made and entered into this 2nd day of December 2003, by and between the CITY OF CAPE CANAVERAL, Florida (hereinafter referred to as "CITY"), and STOTTLER STAGG & ASSOCIATES, Architects, Engineers, Planners, Inc., a Florida Corporation (hereinafter referred to as "CONSULTING ENGINEERS"). RECITALS WHEREAS, the CITY wishes to obtain the professional services of the CONSULTING ENGINEERS, PURSUANT TO Section 2-151 of the Code of Ordinances, to provide services as may be authorized by the CITY; and WHEREAS, the CITY desires to obtain the benefit of experience, ability and services of the CONSULTING ENGINEERS upon the terms and conditions hereinafter set forth; and WHEREAS, the CONSULTING ENGINEERS are willing to render such engineering services and to devote their best efforts to the CITY upon such terms and conditions. WITNESSETH NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants contained herein, the parties hereto, agree as follows: 1. CONSULTING SERVICES: The CONSULTING ENGINEERS shall provide engineering services related to the planning, design, review and/or construction of projects, which may include, but are not limited to facilities improvements; stormwater management; streets and roads; comprehensive planning, building and zoning; and wastewater collection, treatment and reuse. Specific services the CITY's CONSULTING ENGINEERS may perform include, but are not limited to interpretation of Federal, State and Local regulations; ordinance preparation; preparation of plans and specifications; site plan or development reviews; project cost estimations; permitting for projects or services; permitting; grant writing; field investigations, appraisals and office studies; report preparation; and assisting the CITY in securing grants or project financing. Field surveying services, geotechnical and materials testing services, structural, mechanical and electrical design services may be required or may be provided by other consultants at the discretion of the CITY. 2. GENERAL ENGINEERING SERVICES: The CONSULTING ENGINEERS agree to provide general engineering services, including attendance at meetings, review of applicant submittals, negotiations of various kinds, staff assistance, miscellaneous engineering and all other functions not included in (i) site plan review services, (ii) study and report services, (iii) project design services, (iv) general services during construction, (v) resident inspection services, and/or (vi) supplementary and special services. 3. SITE PLAN AND DEVELOPMENT REVIEW SERVICES: The CONSULTING ENGINEERS agree to provide site plan and other development review services verifying applicant compliance with the CITY's Comprehensive Plan, land development and community appearance codes, and construction in progress field investigations, in accordance with the attached fee schedule. 4. STUDY AND REPORT SERVICES: The CONSULTING ENGINEERS agree to conduct reviews and analysis of submittals to the CITY, investigations and studies to prepare engineering reports and cost estimates pertaining to specific assignments as may be authorized by the CITY from time to time. 5. PROJECT DESIGN SERVICES: As may be authorized by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to prepare a Design Report for specific projects. The Design Report shall set forth the design basis, criteria, assumptions, schematics, materials and equipment evaluation, and preliminary selection with capacities, descriptions, catalog cut sheets and such other material as may be appropriate to thoroughly describe the intended design. The CONSULTING ENGINEERS agree not to proceed with detailed project design until such time as the CITY shall approve the Design Report. (b) The CONSULTING ENGINEERS agree to prepare the detailed construction drawings, specifications and contract documents suitable for inviting construction bids for such projects as may be authorized by the CITY. The work shall include the preparation of an estimate of probable cost of construction based upon completed construction plans, complete sets of drawings, specifications and contract documents, and reproducible drawings on erasable mylar film shall be provided to the CITY for each project. (c) The CONSULTING ENGINEERS shall confer as required with officials of State, Federal and local agencies having jurisdiction during the preparation of the drawings and specifications and shall assist the CITY in obtaining approval of the same, and in obtaining required permits from, and agreements with, such agencies. 6. GENERAL SERVICES DURING CONSTRUCTION: As may be authorized by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to furnish general engineering services during construction of projects for which drawings, specifications and contract documents have -3- been previously prepared by the CONSULTING ENGINEERS or accepted by the CONSULTING ENGINEERS as being suitable for use. The services shall include advice and assistance to the CITY in the receipt and analysis of bids and the award of construction contracts, advice during construction, preparation of such sketches as are needed to resolve actual field conditions, review of shop drawings and working drawings submitted by the contractors, periodic observations of work in progress, review of cost estimates for payments to the contractors during the progress of and upon completion of the contracts, and observation of the final testing and final inspection of the completed works. (b) The CONSULTING ENGINEERS agree to prepare and submit monthly progress reports covering the general progress of the work and describing problems or factors contributing to delay. 7. RESIDENT ENGINEER OR INSPECTOR SERVICES: As may be authorized in writing by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to furnish either a full or part-time chief Resident Engineer or Inspector, and full-time construction inspector(s) for inspection of construction and assistants (including other field staff, related office management and clerical staff) as may be needed, all of whom shall be under the general direction and instruction of the CONSULTING ENGINEERS. Resident Engineer or Inspector duties shall be generally in accordance with the National Society of Professional Engineers Contract Documents. 10 (b) The CONSULTING ENGINEERS agree to prepare and submit daily reports of the field staff describing the general working conditions, areas of construction activity, all tests performed and special and unusual events. 8. SUPPLEMENTARY AND SPECIAL SERVICES: The CONSULTING ENGINEERS agree to furnish any one or more of the following supplementary and special services as may be authorized by the CITY from time to time: (a) To make, or at the option of the CONSULTING ENGINEERS, to have made by others under the direction of the CONSULTING ENGINEERS, necessary field surveys (including easement plans and descriptions) not otherwise provided by the CITY, traffic surveys, subsurface explorations including the analysis thereof required for construction plans, laboratory testing and inspection of samples or materials, and other special studies and consultations. (b) To prepare necessary State and Federal grant application forms; to provide additional engineering services, special plans and descriptions, as may be required to assist the CITY in obtaining various permits and approvals for construction and operation; and to prepare for and attend public meetings and hearings as may be authorized by the CITY. (c) To furnish extra copies of drawings, specifications, contract documents, special drawings, reports and similar documents. (d) To review materials and equipment submittals tendered by bidders and contractors when such submittals are alternatives to those specified or previously approved. (e) To review and report on claims for extra compensation or time extensions submitted by contractors. -5- orders. (f) When requested by the CITY, to prepare and submit proposed contract change (g) To prepare additional sets of reproducible record drawings and other data furnished by the contractor to the CONSULTING ENGINEERS showing those changes made during the construction process and which the CONSULTING ENGINEERS consider significant. (h) To revise previously approved studies, reports, design documents, drawings and specifications. (i) To furnish such services as advice and assistance in the organization of an operation and maintenance staff, in the delegation of routine operating duties, in the organization of sampling and analysis, in the operating and testing of equipment, in the preparation of operating and laboratory report forms, in the adjustment of wastewater treatment processes for more efficient performance and to assist in the operation of the facilities. 0) To prepare and maintain an Operation and Maintenance Manual for the use of CITY personnel for projects. (k) To conduct investigations and prepare reports pertaining to operations, maintenance and overhead expenses; to prepare rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; to prepare detailed quantity surveys of material and labor; and to prepare material audits or inventories required for certification of construction performed by the CITY. res (1) To perform additional services resulting from projects involving more than one general construction contract, separate construction contracts for different building trades, or separate equipment contracts. (m) To perform additional services in connection with the rejection and rebidding of construction projects. (n) To inspect a project prior to the expiration of the guarantee period and to report observed discrepancies under guarantees provided by the construction contract. (o) To perform additional services during construction made necessary by work damaged by fire or other cause during construction; prolongation of the construction contract time by more than twenty-five percent (25 %); acceleration of the work schedule involving services beyond normal working hours; or contract default due to delinquency or insolvency. (p) To serve as an expert witness for the CITY in any litigation or arbitration and to assist the CITY in preparing for litigation or arbitration. 9. COVENANTS BY THE CITY OF CAPE CANAVERAL: The CITY hereby covenants and agrees: (a) To appoint a representative with respect to particular work to be performed under this Agreement. This representative shall have authority to transmit instruction, receive information, and interpret and define the CITY's policy and decisions pertinent to the work covered by the Agreement. (b) To make available at no cost to the CONSULTING ENGINEERS all existing records, reports, maps, plans, aerial photographs or other data which may be required for work -7- under this Agreement, and to provide full information as to the CITY's requirements for any work authorized hereunder. (c) To make its stormwater and sewer and other facilities and properties available and accessible for inspection by the CONSULTING ENGINEERS, and to provide labor and safety equipment as required by the CONSULTING ENGINEERS and authorized by the CITY, and to guarantee access to and make all provisions for the CONSULTING ENGINEERS to perform his work under this Agreement. (d) To advertise for proposals for construction projects from qualified bidders, open the proposals at the appointed time and plan and pay for all costs incidental thereto. (e) To give prompt written notice to the CONSULTING ENGINEERS whenever the CITY observes or otherwise becomes aware of any defect in project. (f) To give careful and reasoned consideration to the findings and recommendations of the CONSULTING ENGINEERS and to respond in a timely manner so as not to unduly delay the work. (g) To pay the applicable regulatory permitting fees for those projects conducted by CITY. 10. AUTHORIZATION OF WORK: All work to be performed by the CONSULTING ENGINEERS under this Agreement shall first be authorized by the CITY in writing. There is no obligation for work not authorized by a notice to proceed. (a) Engineering services relative to the CITY engineering functions and budgeted capital improvements program are authorized to be performed subject to the issuance of a notice to proceed for each and based upon a written scope approved by CITY with fees that are negotiated with the CONSULTING ENGINEERS. Work shall not commence on individual projects until a written notice to proceed is provided by the CITY. (b) Each authorization approved by the CITY shall contain a description of the work to be undertaken. The authorization shall also contain a budget amount of the fee to be paid based upon the applicable method for calculating the fee, and such budget amount shall not be exceeded unless prior written approval is issued by the CITY. In the event the CITY does not approve a revised budget and additional funding, and the need for such action is not shown to be the fault of the CONSULTING ENGINEERS, then the authorization shall be terminated and the CONSULTING ENGINEERS shall be paid in full for all work performed to that point. The form and format of the budget shall be in sufficient detail so as to identify the various elements of cost and shall be subject to approval of the CITY. (c) Any authorization may contain additional instructions or provisions specific to the authorized work for the purpose of expanding upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. In 11. PAYMENT FOR SERVICES: The CITY agrees to pay the CONSULTING ENGINEERS for all services authorized and performed in accordance with the approved budget at the hourly rate schedule attached as Exhibits "A" and "B", as follows: (a) Within 30 days for CITY projects subject to the budget set out in each authorization of work. (b) Within 30 days for site plan/development reviews completed by the CONSULTING ENGINEERS. (c) Those functions which are considered overhead and included in Exhibits "A" and "B" provided herein are general clerical functions, internal Stottler, Stagg & Associates, Inc. accounting functions, employee benefit and non -billable time functions, reception and overhead functions, insurance, secretarial support for letters, reproduction of short standard documents (not reports, studies and/or specifications), secretarial coordination for meetings and related professional support activities; costs for telephone, costs for car telephone, long distance calls, company car mileage, car maintenance or other related costs. Moreover, costs for computers, word processors, CADD facilities, plotters and printers, facsimile equipment, optical scanning services, routine copies, computer software, and other professional support equipment are considered as included in the Exhibits "A" and "B" fee schedules provided herein. -10- Monthly billing documents shall include a delineation of the type of service, a description of the activity, a delineation of the person, rate and reimbursables for the project. 12. PROHIBITION AGAINST CONTINGENT FEES: The CONSULTING ENGINEERS warrant that it has not employed or retained any company or person, other than a bond fide employee working solely for the CONSULTING ENGINEERS, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTING ENGINEERS, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 13. LIFE AND LIMITATIONS OF AGREEMENT: (a) This is a continuing contract for a five (5) year period with consecutive one (1) year renewals, or unless earlier terminated by either party, per Paragraph IS, except that as to work completed under this Agreement prior to notice of termination without fault of the CONSULTING ENGINEERS. Should CONSULTING ENGINEERS desire to renew this Agreement, CONSULTING ENGINEERS shall request the extension in writing at least sixty (60) days preceding any anniversary date of this Agreement. (b) It is agreed that this Agreement does not confer an exclusive right on the part of the CONSULTING ENGINEERS to perform all of the CITY's consulting engineering, planning and landscape architectural work. -11- (c) It is agreed that the CONSULTING ENGINEERS shall not be required to enter upon any facility or property which the CONSULTING ENGINEERS believe to be hazardous, dangerous or unsafe. (d) It is agreed that intellectual property of all reports, tests, specifications, mylar or electrostatic plots on vellum or other reproducible media record drawings will be the property of the CITY. 14. AUTHORIZED REPRESENTATIVES: The authorized representative for the CONSULTING ENGINEERS is John A. Pekar, P.E. The CONSULTING ENGINEERS may only substitute the authorized representative if agreed to in writing by the CITY. The authorized representative for the CITY is the City Manager. The CITY may substitute the authorized representative after giving written notice to the CONSULTING ENGINEERS. 15. TERMINATION: This Agreement may be terminated by either party without cause or penalty upon sixty (60) days written notice to the other party. If terminated without fault of the CONSULTING ENGINEERS, the CONSULTING ENGINEERS shall submit and be paid in accordance with all work previously completed under this Agreement. 16. INSURANCE: The CONSULTING ENGINEERS shall maintain a minimum of $1,000,000 professional liability insurance, for each occurrence $500,000 for workers' compensation and employers' -12- liability, automotive liability of a combined single limit of $1,000,000 and general liability as an aggregate of $2,000,000 with coverages including personal injury of $1,000,000 and per occurrence coverage of $1,000,000. (e) Special Requirements: 1. The CITY is to be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 2. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30 -day notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. Indemnification: For specific consideration, the receipt and sufficiency of which is hereby acknowledged, the CONSULTING ENGINEERS shall indemnify and save harmless the CITY and its employees from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the CITY or its employees may be subjected to by reason of injury to persons or death or property damage, resulting from or growing out of any act of commission, omission, negligence or fault of the CONSULTING ENGINEERS, their agents, employees, or subcontractors committed in connection with this Agreement. -13- 18. CONFLICT OF INTEREST: The CONSULTING ENGINEERS hereby agree that it, its principals, shareholders, or employees shall not represent any third parties in any matters of land development before the City of Cape Canaveral without prior written consent of the CITY. In addition, the CONSULTING ENGINEERS, its principals, and shareholders agree that they will not develop property owned by them located in the City of Cape Canaveral without prior written consent of the CITY, at which time the CITY may engage an independent, third party engineer at its election. 19. MISCELLANEOUS: This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any State action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 20. RIGHT TO INSPECTION The CITY or its affiliates shall at all times have the right to review or observe the services performed by the CONSULTING ENGINEERS. No inspection, review, or observation shall relieve the CONSULTING ENGINEERS of their responsibility under this agreement. 21. SAFETY The CONSULTING ENGINEERS shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. -14- 22. COMPLIANCE WITH LAWS AND REGULATIONS The CONSULTING ENGINEERS shall comply with all requirements of federal, State and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 23. DOCUMENTS Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONSULTING ENGINEERS and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the CITY or the CONSULTING ENGINEERS. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONSULTING ENGINEERS is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's city manager. Upon request by the CITY, the CONSULTING ENGINEERS shall promptly supply copies of said public records to the CITY. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONSULTING ENGINEERS be open and freely exhibited to the CITY for the purpose of examination and/or audit. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the -15- CONSULTING ENGINEERS and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein may be reused by the CITY for any reason or purpose at anytime. However, the CITY agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the CITY or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the CONSULTING ENGINEERS, or its independent contractors and associates if necessary, to specific purposes intended will be at the CITY's sole risk and without liability or legal exposure to the CONSULTING ENGINEERS. Ownership of Documents. The CITY and the CONSULTING ENGINEERS agree that upon payment of fees due to the CONSULTING ENGINEERS by the CITY for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the CONSULTING ENGINEERS in the performance of this Agreement, or any Work hereunder, shall be the sole property of the CITY, and the CITY is vested with all rights therein. The CONSULTING ENGINEERS waive all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the CONSULTING ENGINEERS in the performance of this Agreement, and hereby assigns and conveys the same to the CITY whether in the possession or control of the CITY ENGINEERS or not. -16- 24. ASSIGNMENT The CONSULTING ENGINEERS shall not assign or subcontract this Agreement, any Task Order hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of CITY. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by the CONSULTING ENGINEERS, CONSULTING ENGINEERS shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONSULTING ENGINEERS who shall take immediate steps to remedy the situation. If any part of this Agreement is subcontracted by the CONSULTING ENGINEERS prior to the commencement of any Work by the subcontractor, the CONSULTING ENGINEERS shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 25. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, the CONSULTING ENGINEERS shall be considered an independent contractor and not an employee of the CITY. -17- 26. DEFAULT BY ENGINEER AND CITY'S REMEDIES The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: The CONSULTING ENGINEERS default in the performance of any material, covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the CITY specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the CONSULTING ENGINEERS shall have such time as is reasonably necessary to remedy the default, provided the CONSULTING ENGINEERS promptly takes and diligently pursues such actions as are necessary therefore; or CONSULTING ENGINEERS are adjudicated bankrupt or make any assignment for the benefit of creditors or CONSULTING ENGINEERS become insolvent, or is unable or unwilling to pay its debts; or CONSULTING ENGINEERS have acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or CONSULTING ENGINEERS have committed any act of fraud upon the CITY; or CONSULTING ENGINEERS have made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement. Notwithstanding the aforementioned, in the event of a default by the CONSULTING ENGINEERS, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. 27. FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to CITY's affiliates generating plants, their equipment, or facilities; court injunction or order; federal and/or State law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 28. HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 29. SEVERABILITY In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. -19- 30. WAIVER AND ELECTION OF REMEDIES Waiver by either party of any terms, or provisions of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 31. THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the CITY and the CONSULTING ENGINEERS. 32. ENTIRE AGREEMENT This Agreement, including any Task Orders and Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between CITY and CONSULTING ENGINEERS with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 33. NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. -20- 34. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING CITY and CONSULTING ENGINEERS each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For CONSULTING ENGINEERS: John Pekar P. O. Box 1630 Cape Canaveral, FL 32920 For CITY: Bennett Boucher P. O. Box 326 Cape Canaveral, FL 32920 Either party may change the notice address by providing the other party written notice of the change. -21- 37. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the CITY's potential liability under State or federal law. 38. CORPORATE REPRESENTATIONS BY CONSULTING ENGINEERS CONSULTING ENGINEERS hereby represents and warrants to the CITY the following: CONSULTING ENGINEERS are duly registered and licensed to do business in the State of Florida and are in good standing under the laws of Florida, and are duly qualified and authorized to carry on the functions and operations set forth in this Agreement. The undersigned representative of the CONSULTING ENGINEERS has the power, authority, and legal right to execute and deliver this Agreement on behalf of the CONSULTING ENGINEERS. 39. ADDITIONAL ASSURANCES The CONSULTING ENGINEERS for itself and its Subconsultants, if any, certifies that: No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local governmental commission, department, corporation, subdivision or agency: -22- No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise compensation to, any employee or officer of the CITY; and; No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the CITY any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. Please consider including the above-mentioned provisions within the instant agreement. WHEREFORE, the parties have executed the Agreement this day and date first written above. Witnesses By: STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. John A. Pekar, P.E. Witnesses CITY OF CAPE CANAVERAL, FLORIDA By: Rocky Randels, Mayor Attest: Susan Stills, City Clerk -23- EXHIBIT A CITY OF CAPE CANAVERAL, FLORIDA HOURLY RATE SCHEDULE HOURLY RATE PRINCIPAL......................................................................................... $120.00 PROJECTDIRECTOR........................................................................... $95.00 PROJECT ARCHITECT......................................................................... $89.00 ARCHITECT........................................................................................ $75.00 LANDSCAPE ARCHITECT................................................................... $69.00 PROJECT ENGINEER........................................................................... $89.00 ENGINEER.......................................................................................... $75.00 CONSTRUCTION ENGINEERING INSPECTION .................................... $72.00 CONSTRUCTION INSPECTOR............................................................. $65.00 PROJECTPLANNER........................................................................... $89.00 PLANNER.......................................................................................... $75.00 REGISTERED SURVEYOR.................................................................. $89.00 SURVEY COMPUTER DRAFTSMAN ................................................... $75.00 SURVEYCREW................................................................................. $100.00 SR. CADD DESIGNER........................................................................ $58.00 CADDDESIGNER.............................................................................. $55.00 CADDDRAFTER............................................................................... $48.00 WORDPROCESSING......................................................................... $38.00 ADMINISTRATIVE ASSISTANT......................................................... $45.00 DATAENTRY................................................................................... $48.00 -24- EXHIBIT B CITY OF CAPE CANAVERAL, FLORIDA FEE SCHEDULE FOR RESIDENTIAL SITE PLAN AND DEVELOPMENT REVIEWS RESIDENTIAL 1. Residential Site up to Four (4) Units ..............................................$ 500.00 2. Residential Site Five (5) to Fifty (50) Units....................................$1,500.00 3. Residential Site Over Fifty (50) Units or a Hotel/Motel ....................$2,500.00 COMMERCIAL 1. Commercial Site up to Four (4) Acres.............................................$1,500.00 2. Commercial Site Four (4) Acres to Eight (8) Acres............................$2,000.00 3. Commercial Site over Eight (8) Acres - Review fee to be established after pre -application meeting based on hourly rates estimated in EXHIBIT A. • NOTE: This lump sum fee is to be paid to the CITY upon submission of the site plan. This fee covers up to (2) engineering reviews. If additional reviews are required by the CONSULTING ENGINEERS, then SSA will bill the CITY at the rate of $95.00 per hour per staff member. The applicant will be required to pay this additional fee prior to site plan approvals being issued. • Upon SSA's receipt of applicant's materials, all site reviews will be processed by SSA within a fifteen (15) day time period. • Site Plan Pre -Application Meeting .............................. No Charge • SSA shall provide a billing recap for each site plan review. Remaining funds shall be refunded to the CITY. -25- -26- Meeting Type: Regular Meeting Date 12-02-03 AGENDA Heading Discussion Item 7 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: REVIEW OF A BOARD MEMBER APPLICATION DEPT./DIVISION: LEGISLATIVE Requested Action: City CouncHmember Bob Hoog requested a review of Mr. Lars Holfve's board member application. At issue is whether or not Mr. Holfve has the college degree as stated on the application. Summary Explanation & Background: Mr. Holfve submitted his grades and he maintains that he does have a college degree. See attached application and correspondence. Exhibits Attached: Application and Correspondence City ManaWysjbice Department LEGISLATIVE cape- myjfocumiiht\council\meeting\2003\12-02-03\holfve doc 10/15/2002 28:25 3218r i51 LARS HOLFVE PAGE 81 OOat. par+rwt�r.�.sw�c,.u.,r,:�iaruu�w�y.Kw.. City of Cape Comoveral City Board Appacadou Fhwe Prim rand Fdr to Ow Cfi ee at (321) 868-1248: Appficaat Name _Lars HoVve Home Teiephooe -868-3086 Home Address X350 Taylor Ave 05 Capc Canaveral, FL 32920_ Bt>s,nosa _Dots HoDW Contucaon Consul m&.______ Bess Telephone: 960-6Q86 Office Address --Same as above Brief Desaripdon of Fducadw and Experience: <<�I redeved. a BS degree is Busaness Adn* is Esi ilmr a, Sweden in 1965 I baemaae a Stara Codified Gcousl Contactor is 1980 I became a State Certified Roofnog Coot:actor in 1982 [ also boid a CAM (CoffMx ity Associ Won Manager) hmsc I un a Past Presida t of the Merritt [stand Khvatus Club I am a member of the Cocas Beach Area Clamber of Com mem. I also chaired out of tbeir Leads Group& I ala as Associate member of the Space Croat Condom Ammiakion I am time creg" sad vlVaniaer of the Hunirim FVo ( 3 yms) in co-operation with the Bm%wd Co. Office of Emagemy Nb oagemcat I hm been s~WAc3dWIY self CMPbYed for close to 30 yens DOw. Are you a registered voter? Yea: No: X Tuve you been a m-Adcato of the City for 12 m a tss or longer? Yrs: X Na: Do you cu mmV bold a public ofte? Yes: No: X Arc you prawn* enVicq ed by the City? Yes No: X At the ptexaoet time, do you servoc on a City Hoard? Yes: No: X At the pre xnt time do any of the folbwft mb ivea of your serve an lite City CoMO& father, mother, son, dw*Va, brother, sister, untie, stmt, fast cousin, mpbew, niece, lmabemd, vAk , grid, fi�-nrkw, mother-ia-hw, aoa�-irria�w, daugixec is-3aw, 6rotber-in-Lvv, si.�r-in-law, I of 3 Ion Sam 9•.30 PM 10/15/2002 20:25 321F 111052 LARS HOLFVE PAGE 02 iijl9f Ytt MM.Otf�.il�Wdi. Wfb�la! N+�sv�F,.a,rar stepfirdw, atepnmotber, strpeon, stepdangbler, stepbrotiser, stepdw. halfbrother or halfsb ee YeS: No: X At the prevent time, do any of the following relatives of yours serve on my other City board, conmoiaaion or speaat district: spou9c, parent, tfa'Id, gralttdpattst of sabiisg offt whole or haif`blood? Yes: No: X Please specify on which Cozy Hoard you are interested in serving : (Indicate Preference, l st, 2nd, 3rd, etc`) Reaudficadw —Ist a*&Fa6rea "M* Board of Adj' Comity tea' Bu:iuess 8 CUkUw DcYetopmena 2nd mon Bwd of Agud=m & Appeals` •Members of these Boards are required to complete Financial Disclosure Form opm appointment to said BOW acrd prior to July 13th of each,y ear fbllowt»g the Initial gppoinemew whik still a member of said Board Pkasa list wbot you feel an yoult qualfficatiors to sem as a nal mtw on one of the City's boards: I bow extensive busi xoss expetieme, most of it in the covshmetion ley. I have boas heavUy itM ved in community service since I moved to Cape Cmoavend 4 years ago. I word Ske to put that expaiwe in the service of my commumiity. w*Wo You amider servin8 on awdw agg3owd other than the wo(s) you have aetecwd on the fto of this form? Yes: --X—'KO. l p , (PLEASE NOTE: nate: L • Inl jd tt ontweat to my City Board is subject to City Cotuncsl VPMW WOW* a brief idterviaw Wore the City Council at a mVdwiy aehoduled Hoeft- • Your app&a ioa win umain effecema for one year fi=n the dime ofeotnpietim • If you AmW nave any gwstiow r V din tate c°mpleOm of Ob aeon, P1aae pct d w City CieWs 0fte at VA -1221. 2 ata 10/15/2002 9:30 FM Memo TO. HONORABLE MAYOR AND MEMBERS OF Q1TyGQUNCIL From BENNETT C. BOUCHER, CITY MANAGE Date~ 11/17/2003 Ren LARS HOLFVE In response to Councilmember Hoog's letter of 10-06-03, Mr. Holfve provided documentation that he finished school in 1965. Mr. Holfve can be contacted at 868-3086 if you have any questions concerning this matter. BCB:kmm Attachments 0 Page 1 October 6, 2003 Mr. Bennett Boucher City Manager City of Cape Canaveral Re: Mr. Lars Holfve Dear Bennett, Please advise as to the letter from Mr. Lars Holfve. I have been called on two occasions in reference to this gentleman's claim as to his education. He has stated on his application for placement on the Code Enforcement Board that he has graduated with a BS Degree from a college in Sweden but, as per e-mail and conversation from the college in Sweden, he has not attended college there according to their records. According to Mr. Holfve's letter to you, no date, he states the burden of proof is up to the people, Mrs. Fredette and Barbara Krause, to prove him wrong. I believe Mrs. Fredette and Mrs. Krause have given proof as e-mail from the college in question have been sent to you as you have requested. Now, I think the burden of proof is now up to Mr. Holfve. The citizens of this city have the right to expect us as elected officials of this city to uphold the highest standard and integrity of the Board members that serve these citizens. I believe, as I have discussed with you in the past on several occasions, this situation is not going to go away, as I have been contacted again on this matter. Please have Mr. Holfve produce the required proof on this matter, as the statements in his letter bare no proof of a said BS Degree. Your attention to this matter is appreciated. Council Member, 7 Bob Hoog cc: Mayor Council Members City Attorney Fdrvaltning Dokumentnamn VAr beteckning Kultur- och fritidsfbrvaltningen BETYGSAVSKRIFT 1 (2) Avdelning Datum Er beteckning Stadsarkivet Handlaggare, direkttelefon Ert datum ESKILSTUNA Dorothea Bohman, 016-10 10 34 KOMMUN BETYGSAVSKRIFT Utdrag ur betygskatalog f6r Eskilstuna Handelsgymnasium varen 1965. Stalforsskolan. Eleven: Lars O. Holfve �,. Betyg i amnen: Betyg for det skriftliga proven. Svenska: AB Engelska: Ba Matematik: AB Betyg i examen. Svenska: AB Engelska: Ba Tyska B? Franska: B Spanska: Ba Historia: a Samhallskunskap: a Geografi: a Psykologi: AB Matematik: AB Naturvetenskaplig orientering: a Redovisning: B Distribution: AB Administr. och foretagsorgentering: Ba Rattskunskap: AB Samhallsekonomi: AB Maskinskrivning: B Gymnastik: Ba Uppf6rande: A Ordning: A Ovanstaende utdrag bverensstammer med originalet pa stadsarkivet. Eskilstuna 2003-10-08. Dorothea Bohman gymnasiet Postadress Besdksadress Telefon, vx Telefax Eskilstuna Kommun Carehigatan 8, 2 trp 016-101000 016-13 40 83 631 86 ESKILSTUNA Mobiltelefon E -post lntemet: www.eskilstuna.se dorothea.bohman@eskilstuna.se X z= Han�;lalcgyairiCSietS 'rE; �iyr, e a istributionsteknisko grenen X-rOt=-X4X=:s Exa 1w-11^1 enskata log M protokolle` over Inandelsgymnasieexomen vid Eskils tuna scads hawridels gy nasilam VAX— Iermin.en 1965 Anvisningar 1. Bokstdvernc betecknor mec' cvseende p6: Ber6miig (A=6) Med utmdrkt ber6m godkdnd (a=5) Med ber6m godkdnd (AB=4) C) ClmnEn lcke uton ber6m godkdnd (So =3) Godkdnd (B=2) lcke godkdnd (C=0) icke fulls godkdnd (BC=1) 3 (endast i mmne, i vilke` Ctiilr6cklig (C=0) !{ eleven icke dtnjutit undE;-vsninc i h6gsta arskursenl b`: uppf6rande och ordning Sasern betyg i uppf6rande anvandes be'( - stover: A, B, C eller Q sant s6sorr betyg i ordning bokstaven A, B eller C. i l6gsto be- tyg dr A. 2. Betyg i frivilligt drone fcrses med tecknet c) excmens godkdnnonde eller underkanncnde B = godkdnd examen C = underki,d examen 2. Ba 'g sem e hc'iits 'lyt- .,g r ii .ds; acrenies, som fcrses mac siffron ca. entes. Sam fdrses mec Siff -an 1 6 7 B f y g for det skriftligo op r ov e f j 3 C S 7 420818 - During, Sven -Erik 693 A Gustafssonp A. Gunnar 450520- 165 A i Gustafssong Jan HAkan 450912- 165 Holfve, Lars 0. IN R13 460403- Holgersson, T. Bann7 103 - //( 440420_ ' `� Hultbergq ThorbAbrn G. 171 EdgIrvist, Lars G. 430712- 163 x� ! 420403- Jademar.k, Jan Olof E. 165 ILI !V, A Johansson, Hans 0. 160201-50 9 L, 420216 - Johansson, 4a�2 Allaza 697i I J - Karlssion, E. Thorbjdrn 440818- 161 Larsson, Jan -Erik 421228 - 641 I L Rigbg L. Christer 450329- 171 _j Selander, Bjbrn E. 420502- 167 Sjbbe=gg B,. Jan-.0lov 450523- 175 Sundqvist, B. Gdran 420625- 789 Svamholm, B. 18kan 410505- 291 45062' Sdderlund, Sten Olof H. 16 431211- Zaax, N. Gbran 167 42o629- Drakenberg, Glanilla B. 164 4026- 41 ior-dkvip't I. Ann-Sofia 168 fijdd,, Nordlund 446614- Swd--dg S. In -n -Christine 550 440516- Oijvall, Britt I. 163 24 z, „ 2829 -;Ai 3; examen i zez 1 i �„•. ,�. ' �/',�4 Jt +f ` ((( ��' 7L+i CJL Lt J I 4 JIf ✓ j I � � i f I i � r /-� A? Z i Meeting Type: Regular Meeting Date 12-02-03 AGENDA Heading Discussion Item 8 No. Summary Explanation & Background: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: REVIEW OF PROPOSED COUNTY FIREWORKS ORDINANCE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council review and comment upon the proposed Brevard County ordinances regulating fireworks countywide as follows: • Brevard County will draft an ordinance allowing legal fireworks sales in the IU- I Industrial Zoning District. • To amend Brevard County Code Section 78-115 to include "beaches" as a prohibited area for fireworks use. The legislative request to amend Florida Statute 791 is also provided for your review and comments. Summary Explanation & Background: Brevard County Commissioner Ron Pritchard is seeking feedback on this issue. See attached supporting documentation. Please advise. Exhibits Attached: Supporting documentation City Manager' Mce Department LEGISLATIVE ^+ cum s \ cape Y n council\mee In9\2003\12-02-03\fireworks.doc BREVARQ,j� BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST JACKIE COLON, Commissioner, District 5 Telephone: (321) 253-6611 1515 Sarno Road, Building B, Melbourne, Fl. 32935 Fax: (321) 253-6620 October 30, 2003 TO ALL BREVARD MUNICIPALITIES Attn: City/Town Managers At its October 28th County Commission Meeting, the Board unanimously approved a request for staff to prepare legislative intent and draft ordinances outlining proposed zoning code amendments allowing legal fireworks sales only in the IU -1 classification and prohibiting the illegal sale and use of fireworks; amend Section 78-115, Brevard County Code to include "beaches'; forward the revised Legislative Request to the Legislative Delegation requesting amendments to Chapter 791, F.S.; and place signs reading "USE OF FIREWORKS PROHIBITED BY FLORIDA LAW" at each beach access crossover. Attached is the agenda report and accompanying documents for your information and review. Since the ordinance will be countywide, a secondary motion was approved to request that each municipality be contacted as to its consideration of the Board's intent to / enforce current Florida Law. I would, therefore, appreciate you bringing the matter before your Council/Commission and contact via mail/e-mail Commissioner Ron Pritchard's office of your decision to concur with the County Commission. Commissioner Pritchard established a "Fireworks Committee" in July with several cities participating in this effort and will be working with County staff in preparation of the ordinance. Thank you for your consideration, and please feel free to contact Commissioner Pritchard at 455-1334 if you have questions or comments. Respectfully, f�v akie Colon,Chairperson Brevard County Commission Attachments cc: Board of County Commissioners Tom Jenkins, County Manager Scott Knox, County Attorney OPEvq qO Meeting Date o 0 C. a z 10/28/03 0 Q[owfOP AGENDA REPORT BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: LEGAL AND ILLEGAL FIREWORKS SALES AND USE DEPT. I OFFICE: COUNTY COMMISSIONER RON PRITCHARD, DISTRICT 2 AGENDA Section NEW Brevard County Code to include "beaches"; forward the revised Legislative Request to the Legislative Delegation requesting amendments BUSINESS Item Summary Explanation & Background: No. impact in various sections of local and state legislation. A Fireworks Committee was formed with representatives from County Requested Action: It is requested that the Board direct staff to prepare legislative intent and draft ordinances outlining proposed zoning code amendments allowing legal fireworks sales only in the IU -1 classification and prohibiting the illegal sale and use of fireworks; amend Section 78-115, Brevard County Code to include "beaches"; forward the revised Legislative Request to the Legislative Delegation requesting amendments to Chapter 791, F.S.; and place signs reading "USE OF FIREWORKS PROHIBITED BY FLORIDA LAW" at each beach access crossover. Summary Explanation & Background: At its July 8th meeting, the Board requested that Commissioner Pritchard agenda the subject of illegal fireworks sales and use and its impact in various sections of local and state legislation. A Fireworks Committee was formed with representatives from County Departments, the State Attorney's Office, and the cities of Cocoa Beach, Satellite Beach, Cape Canaveral, Melbourne and Rockledge meeting monthly to investigate other cities/counties legislation and to formulate recommendations for future actions. The Space Coast League of Cities and the city of Rockledge have recommended amendments to Chapter 791, F.S. to the Brevard Legislative Delegation as one of their priorities for the 2004 Legislative Session. Current Florida Law (Chapter 791, F.S.) prohibits citizens from recreational use of anything more than State -approved sparklers as well as certain enumerated toys, novelties and trick noisemakers to celebrate any occasion, but its exceptions/exemptions allow consumers to purchase rockets, mortars and other heavy illegal fireworks with only their signature on a waiver because the current law does not oligate the seller to verify that the purchaser has a permit or other lawful right to use the items being purchased. In actuality, only certain designated people are legally entitled to use fireworks in Florida; those include licensed explosives experts, miners, transportation agencies for signal purposes or persons who use them to chase birds from agricultural lands or fish hatcheries. Section 5A-3.001/002 of the Florida Administrative Code outlines the procedure for exemption through local law enforcement agencies; however, currently it is not enforced in Brevard County. In addition, the law encourages the public to commit fraud by signing a "sham" waiver. These actions shall not apply to sanctioned public displays of fireworks as set forth in Chapter 791, F.S. and Sections 10-40 and 46-12, Brevard County Code for special event permitting. State regulation began in 1941 restricting the use to only sparklers for non -licensed consumers and 62 years later, almost nothing has changed. No one is attempting to take away the joys of celebrating Independence Day or New Years Eve, but "celebrating" does not give one the right to endanger people's lives, properties, sea and wildlife. Most communities sponsor fireworks displays that are far more "illuminating" and safe. Polk and Pinellas Counties and the City of Orlando have approved ordinances regarding the sale and use of fireworks within their jurisdictions. The City of Cocoa Beach recently approved an ordinance prohibiting the use of any fireworks on its beaches. Over 100 notices of support for the above referenced actions have been received by District 2. FISCAL IMPACT: As a deterrent, current state law would allow us to place signs on our beaches prohibiting the use of fireworks. The cost of the signs at the county's beach crossovers would be shared by the county (Tourism and Parks and Recreation) and the cities along the coastline. At this time the number of and total cost of signs are unknown. Exhibits Attached: Legislative Request Position Paper, Fireworks Report Contract /Agreement (If attached): Reviewed by County Attorney Yes ® No County Manager's Office Department Tom N. Jenkins, County Manager 7 Commissioner Ron Pritchard, D.P.A., District 2 BCC -149 (Rev. 7-98)1 Electronic Form Request for Amendment to Chapter 791, Florida Statutes POSITION: The Board of County Commissioners of Brevard County, Florida requests that the Brevard County Legislative Delegation amend Chapter 791, Florida Statutes, to ensure strict compliance with the sale to and use by those properly entitled to exceptions/exemptions found in Sec. 791.02, 791.04, and 791.07, F.S. BACKGROUND: Current Florida law (Chapter 791, F.S.) prohibits the sale and use of all fireworks, as defined in Section 791.04(4)(a), F.S., with exemptions for: • public displays (Sec. 791.02, F.S.) • wholesale sale between state registered manufacturers, distributors, and wholesalers (Sec. 791.04, F.S.) • sale for shipping directly out of state by manufacturers, distributors, or wholesalers (Sec. 791.04, F.S.) • sale to a person holding a permit from any board of county commissioners to be used at the display covered by such permit (Sec. 791.04, F.S.) • railroad or other transportation agency signal purposes or illumination use (Sec. 791.04, F.S.) • quarrying, blasting, or industrial use (Sec. 791.04, F.S.) • blank cartridges for a show or theater use (Sec. 791.04, F.S.) • signal or ceremonial purposes in athletics or sports use (Sec. 791.04, F.S.) • use by military organizations or Armed Forces of the United States (Sec. 791.04, F.S.) • agricultural and fish hatchery use (Sec. 791.07, F.S.) The Board of County Commissioners of Brevard County, Florida is concerned that firework sellers in the State of Florida routinely sell illegal fireworks to individuals not properly entitled to the above listed exceptions/exemptions for use which is not consistent with those exceptions/exemptions. In addition, the Board of County Commissioners of Brevard County, Florida believes that many buyers misrepresent their entitlement to said exemptions due to the fact that Chapter 791, F.S. lacks sufficient safeguards to ensure strict compliance with its provisions. This practice creates a significant threat to the health, safety, and welfare of the citizens and natural wildlife of the State of Florida. Therefore, the Board of County Commissioners of Brevard County, Florida requests that the Legislature amend Chapter 791, Florida Statutes, to require verified proof of entitlement to such exceptions/exemptions or to specifically permit local governments to issue and require local permits for those wishing to exercise any such exception/exemption. APPROPRIATION: None. FISCAL IMPACT: Enforcement costs currently undetermined. CONTACTS: Clifford Repperger, Jr Sharon Luba, Admin. Assistant Assistant County Attorney Commissioner Ron Pritchard District Il 2725 Judge Fran Jamieson Way 2575 N. Courtenay Pkwy, Merritt Island 32953 Viera, 32940 (321) 633-2090 (321) 455-1334 FIREWORKS COMMITTEE MEMBERS: Commissioner Ron Pritchard, Cape Canaveral Mayor Rocky Randels, Mike Taggert Brevard County Fire Marshal, Bill Farmer Brevard County Fire Chief, Bennett Boucher Cape Canaveral City Manager, Charles Billias Cocoa Beach City Manager, A. J. Hutson Cocoa Beach Asst. City Manager, J. R. Hansen BCSO Bomb Squad, Michelle Jackson Asst. State Attorney, Cliff Repperger Asst. County Attorney, Brad Hodge/Lionel Cote Satellite Beach Police Department, John Shockey Rockledge Police Chief, Rick Allen President, Space Coast Fire Chiefs Association, Mark Laderwarg, Melbourne Police Department, Mel Scott Brevard County Planning and Zoning Manager, Bobby Bowen Code Enforcement Manager The Committee met several times this summer with the express purpose of reviewing statistics, current law, national and local support and enforcement procedures, and will continue to work with County staff should the Board approve the requested actions. PRELIMINARY FINDINGS / RECOMMENDATIONS • Fireworks are considered to be hazardous and destructive materials, and verification procedure is necessary to protect the health, safety and welfare of the citizens of and visitors to Brevard County, and to ensure that fireworks are only sold to those purchasers falling within the statutory exemptions allowed under Chapter 791, Florida Statutes. (page 9) Ban on consumer fireworks is supported by the National Fire Protection Association, National Ophthalmology Association, National Fire Marshal's Association, American Academy of Pediatrics, American College of Emergency Physicians, National Association of State Fire Marshals, Space Coast Fire Chiefs Association. • Seven states ban the use of all consumer fireworks (Arizona, Delaware, Georgia, Massachusetts, New Jersey, New York and Rhode island). Chapter 791, Florida Statutes prohibits the sale of illegal fireworks unless a statutory exemption applies; the State has charged local law enforcement agencies with the responsibility to enforce Chapter 791, Florida Statutes and Section 5A-3 of the Florida Administrative Code. (pages 7 and 9) • The system currently used by sellers of fireworks does not provide for verification of the purchaser's age or exemption status; and allows the potential sale of fireworks to the general public which is prohibited under Chapter 791, and certain fireworks retailers seem to be unable or unwilling to restrict sales to individuals qualified to purchase fireworks under Chapter 791, Florida Statutes. (pages 10-12) • It would be desirable if all new, permanent, legal fireworks structures be sprinkler -compliant and only be located in Industrial IU zoning areas. • It would be desirable if the current permanent structures (6) have a determined amount of years to be sprinkler -compliant — square footage will be considered. • Temporary tents selling fireworks shall be eliminated. (page 16) • Selected Orlando's ordinance as a "model" as it better suits our countywide ordinance needs. (pages 24-25) • Add the word "beaches" to current Brevard County Code defining prohibition of fireworks in recreational areas. (page 13) • Define law enforcement procedures and penalties for sale and use of all illegal fireworks — either BCSO or Code Enforcement or both. • Chapter 791, Florida Statutes needs to be amended to close waiver loopholes — position paper to Brevard Legislative Delegation. • Signs on beach crossovers can work as a deterrent and are lawful pursuant to Chapter 791, Florida Statutes. 2 791.001 Application and enforcement. --This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state. History. --s. 6, ch. 87-118. 791.01 Definitions. --As used in this chapter, the term: (1) "Distributor" means any person engaged in the business of selling sparklers to a wholesaler. (2) "Division" means the Division of the State Fire Marshal of the Department of Insurance. (3) "Explosive compound" means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. (4)(a) "Fireworks" means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. (b) "Fireworks" does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. (c) "Fireworks" also does not include the following novelties and trick noisemakers: 1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. 2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect. 3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper, which is a small, paper -wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks. e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. - f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. (5) "Manufacturer" means any person engaged in the manufacture or construction of sparklers in this state. (6) "Retailer" means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. (7) "Seasonal retailer" means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year. (8) "Sparkler" means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand held or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks. (9) "Wholesaler" means any person engaged in the business of selling sparklers to a retailer. History. --s. 1, ch. 20445, 1941; s. 1, ch. 57-338; s. 1, ch. 84-201; s. 1, ch. 87-118; s. 36, ch. 89-233. 791.012 Minimum fireworks safety standards. --The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder. N History. --s. 1, ch. 96-285. 791.013 Testing and approval of sparklers; penalties. -- (1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Weekly and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures. (2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The division shall dispose of any samples which remain after testing. History. --s. 2, ch. 87-118; s. 21, ch. 93-276; s. 1222, ch. 97-102. 791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers. -- (1) REGISTRATION REQUIREMENTS. --Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms. (2) REGISTRATION FORM. --The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person. (3) FEES. -- (a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5. (b) Revenue from registration fee payments shall be deposited in the Insurance Commissioner's Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter. (4) RULES. --The State Fire Marshal may adopt rules prescribing registration forms required by this section. History. --s. 3, ch. 87-118; s. 37, ch. 89-233; s. 21, ch. 2000-370. 791.02 Sale of fireworks regulated; rules and regulations (1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted 'hereunder shall be transferable. (2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location. History. --s. 2, ch. 20445, 1941; s. 1, ch. 61-312; s. 4, ch. 87-118; s. 1223, ch. 97-102. 791.03 Bond of licensees. --The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person El or to property by reason of the licensee's display, and arising from any acts of the licensee, his or her agents, employees or subcontractors. History. --s. 3, ch. 20445, 1941; s. 1, ch. 61-312; s. 1224, ch. 97-102. 791.04 Sale at wholesale, etc., exempted. --Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners�at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds. History. --s. 4, ch. 20445, 1941; s. 1, ch. 61-312; s. 5, ch. 87-118. 791.05 Seizure of illegal fireworks. --Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter. History. --s. 5, ch. 20445, 1941; s. 1225, ch. 97-102. 791.055 Restrictions upon storage of sparklers. -- (1) Sparklers shall not be stored or kept for sale in any store: (a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers. (b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers. (c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires. (2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: "CAUTION SPARKLERS -NO SMOKING." No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe. History. --s. 2, ch. 84-201. 791.06 Penalties. --Any firm, copartnership, or corporation violating the provisions of this chapter shall be;guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083. History. --s. 6, ch. 20445, 1941; s. 756, ch. 71-136. 791.07 Agricultural and fish hatchery use. --Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services. History. --s. 1, ch. 29780, 1955; s. 1, ch. 57-336; ss. 14, 35, ch. 69-106; s. 1, ch. 82-109. ,r.' FIREWORKS MEETING MINUTES WEDNESDAY, OCTOBER 15, 2003 MERRITT ISLAND SERVICES COMPLEX 2ND FLOOR CONFERENCE ROOM 11:00 AM PRESENT: County Commissioner Ron Pritchard, D2 Brad Hodge, Ops Commander, Satellite Beach Police Departmen, Bennett Boucher, Cape Canaveral City Manager Mike Taggert, Brevard County Fire Marshall Michelle Jackson, Assistant State Attorney Cliff Repperger, Assistant County Attorney Charles Billias, Cocoa Beach City Manager A.J. Hutson, Cocoa Beach Asst. City Manager Mark Amarul, Cocoa Beach Asst. Fire Marshal Mark Laderwarg, Melbourne Police Department Frank Scates, Brevard County Fire Inspector Mel Scott, Brevard County Planning and Zoning Director John Shockey, Rockledge Police Chief Sharon Luba, D2 Staff Commissioner Pritchard summarized the October 8 Legislative Delegation Meeting's acceptance of the County's Legislative Request Package that did not include the position paper on the amendments to Chapter 791, F.S. The County Commission delayed action on this proposal until the Commission addressed the entire issue at a future Commission Meeting. The Space Coast League of Cities and the City of Rockledge did, however, include it in their priorities for the 2004 Legislative Session. Commissioner Pritchard stated he is confident that Representatives Allen and Needelman and Senator Posey will support and possibly sponsor the legislation. Bennett Boucher, Cape Canaveral, distributed photos of the City's signs posted at its crossover that list all prohibited "actions" on one sign. Discussion ensued concerning use of the County's Sign Shop to produce signs for each of the beach crossovers along the coastline including the affected cities. The request will be part of the agenda report to the Commission. Sharon will check with each city and the County for the number of signs needed. Cliff Repperger reported that the draft ordinance was not complete as he was awaiting statistical reports from the City of Orlando. He hopes to have it in draft form within two (2) weeks. Mike Taggert summarized the latest FTPA rewrite in that the fireworks "lobby" worked with the association with new language that "consumer fireworks require sprinklers over 6,000 square feet..." There was discussion as to black powder limits set forth by the ATF, that the Committee would need evidence to lower the square footage in order to meet legal challenges and utilizing professionals' facts to refute the "6,000" number. The Committee was assured that local governments could exceed stated numbers if backed up by appropriate data. Additionally, questions arose as to the sale of fireworks at Publix, Eckerd's etc. However, these stores only sell legal items that are not classified as explosives and not items that would be considered actual fireworks. Mel Scott outlined the procedures for amending the zoning code to include sale of legal fireworks only in IU (Zoning) areas and the number of hearings required. It is anticipated that it may take from three to six months for this process. Mel feels certain that tents can be eliminated entirely. - He suggested that all proposed actions be incorporated into the "Requested Action" agenda report. Cliff Repperger and Michelle Jackson will revise the Legislative Position Paper that will be incorporated into the Commission agenda requested action(s) so that, if approved by the Commission, it can be forwarded to the Legislative Delegation. Brad Hodge reported that there are sixteen (16) crossovers in the Satellite Beach area that would require signs. There was consensus that Commissioner Pritchard would submit an agenda report for the October 21St Commission Meetinp, (NOTE: THIS DATE WAS SUBSEQUENTLY CHANGED TO OCTOBER 28T ) including: (1) proceed with draft ordinances for zoning code amendments and illegal sale and use of fireworks; (2) include "beaches" in Section 78-115, Brevard County Code; (3) approve the revised Legislative Request for amending Chapter 791, F.S.; (4) approve signage on beach crossovers The Committee will delay its next meeting so that it will know what the Commission approves and to give Cliff ample time to complete the draft ordinance and incorporate Orlando's statistical data. Mike Taggert and Frank Scates will begin the collection of statistics appropriate to previous discussions. The meeting adjourned at 12:00 PM IT IS HOPED THAT AS MANY COMMITTEE MEMBERS AS POSSIBLE WILL ATTEND THE COUNTY COMMISSION MEETING, OCTOBER 28TH GOVERNMENT CENTER AT VIERA, BUILDING "C", FIRST FLOOR 2 COMMISSION ROOM AND SUPPORT OUR POSITION AND REQUESTS — WE HAVE A TIME CERTAIN OF 2:00 PM Happy Thanksgiving! NEXT MEETING: Wednesday, December 3, 2003 10:00 AM Merritt Island Service Complex Suite 200 Conference Room Vt*VAk Meeting Date 2 10/28/03 AO 1011tod 0. AGENDA REPORT BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: LEGAL AND ILLEGAL FIREWORKS SALES AND USE DEPT. / OFFICE: COUNTY COMMISSIONER RON PRITCHARD, DISTRICT 2 AGENDA Section NEW Brevard County Code to include "beaches"; forward the revised Legislative Request to the Legislative Delegation requesting amendments BUSINESS Item Summary Explanation & Background: No. impact in various sections of local and state legislation. A Fireworks Committee was formed with representatives from County Requested Action: It is requested that the Board direct staff to prepare legislative intent and draft ordinances outlining proposed zoning code amendments allowing legal fireworks sales only in the IU -1 classification and prohibiting the illegal sale and use of fireworks; amend Section 78-115, Brevard County Code to include "beaches"; forward the revised Legislative Request to the Legislative Delegation requesting amendments to Chapter 791, F.S.; and place signs reading "USE OF FIREWORKS PROHIBITED BY FLORIDA LAW" at each beach access crossover. Summary Explanation & Background: At its July 8th meeting, the Board requested that Commissioner Pritchard agenda the subject of illegal fireworks sales and use and its impact in various sections of local and state legislation. A Fireworks Committee was formed with representatives from County Departments, the State Attorney's Office, and the cities of Cocoa Beach, Satellite Beach, Cape Canaveral, Melbourne and Rockledge meeting monthly to investigate other cities/counties legislation and to formulate recommendations for future actions. The Space Coast League of Cities and the city of Rockledge have recommended amendments to Chapter 791, F.S. to the Brevard Legislative Delegation as one of their priorities for the 2004 Legislative Session. Current Florida Law (Chapter 791, F.S.) prohibits citizens from recreational use of anything more than State -approved sparklers as well as certain enumerated toys, novelties and trick noisemakers to celebrate any occasion, but its exceptions/exemptions allow consumers to purchase rockets, mortars and other heavy illegal fireworks with only their signature on a waiver because the current law does not oligate the seller to verify that the purchaser has a permit or other lawful right to use the items being purchased. In actuality, only certain designated people are legally entitled to use fireworks in Florida; those include licensed explosives experts, miners, transportation agencies for signal purposes or persons who use them to chase birds from agricultural lands or fish hatcheries. Section 5A-3.001/002 of the Florida Administrative Code outlines the procedure for exemption through local law enforcement agencies; however, currently it is not enforced in Brevard County. In addition, the law encourages the public to commit fraud by signing a "sham" waiver. These actions shall not apply to sanctioned public displays of fireworks as set forth in Chapter 791, F.S. and Sections 10-40 and 46-12, Brevard County Code for special event permitting. State regulation began in 1941 restricting the use to only sparklers for non -licensed consumers and 62 years later, almost nothing has changed. No one is attempting to take away the joys of celebrating Independence Day or New Year's Eve, but "celebrating" does not give one the right to endanger people's lives, properties, sea and wildlife. Most communities sponsor fireworks displays that are far more "illuminating" and safe. Polk and Pinellas Counties and the City of Orlando have approved ordinances regarding the sale and use of fireworks within their jurisdictions. The City of Cocoa Beach recently approved an ordinance prohibiting the use of any fireworks on its beaches. Over 100 notices of support for the above referenced actions have been received by District 2. FISCAL IMPACT: As a deterrent, current state law would allow us to place signs on our beaches prohibiting the use of fireworks. The cost of the signs at the county's beach crossovers would be shared by the county (Tourism and Parks and Recreation) and the cities along the coastline. At this time the number of and total cost of signs are unknown. Exhibits Attached: Legislative Request Position Paper, Fireworks Report Contract /Agreement (If attached): Reviewed by County Attorney Yes ® No E] County Manager's Office Department Tom N. Jenkins, County Manager Commissioner Ron Pritchard, D.P.A., District 2 BCC -149 (Rev. 7-98) / Electronic Form Request for Amendment to Chapter 791, Florida Statutes POSITION: The Board of County Commissioners of Brevard County, Florida requests that the Brevard County Legislative Delegation amend Chapter 791, Florida Statutes, to ensure strict compliance with the sale to and use by those properly entitled to exceptions/exemptions found in Sec. 791.02, 791.04, and 791.07, F.S. BACKGROUND: Current Florida law (Chapter 791, F.S.) prohibits the sale and use of all fireworks, as defined in Section 791.04(4)(a), F.S., with exemptions for: • public displays (Sec. 791.02, F.S.) • wholesale sale between state registered manufacturers, distributors, and wholesalers (Sec. 791.04, F.S.) • sale for shipping directly out of state by manufacturers, distributors, or wholesalers (Sec. 791.04, F.S.) • sale to a person holding a permit from any board of county commissioners to be used at the display covered by such permit (Sec. 791.04, F.S.) • railroad or other transportation agency signal purposes or illumination use (Sec. 791.04, F.S.) • quarrying, blasting, or industrial use (Sec. 791.04, F.S.) • blank cartridges for a show or theater use (Sec. 791.04, F.S.) • signal or ceremonial purposes in athletics or sports use (Sec. 791.04, F.S.) • use by military organizations or Armed Forces of the United States (Sec. 791.04, F.S.) • agricultural and fish hatchery use (Sec. 791.07, F.S.) The Board of County Commissioners of Brevard County, Florida is concerned that firework sellers in the State of Florida routinely sell illegal fireworks to individuals not properly entitled to the above listed exceptions/exemptions for use which is not consistent with those exceptions/exemptions. In addition, the Board of County Commissioners of Brevard County, Florida believes that many buyers misrepresent their entitlement to said exemptions due to the fact that Chapter 791, F.S. lacks sufficient safeguards to ensure strict compliance with its provisions. This practice creates a significant threat to the health, safety, and welfare of the citizens and natural wildlife of the State of Florida. Therefore, the Board of County Commissioners of Brevard County, Florida requests that the Legislature amend Chapter 791, Florida Statutes, to require verified proof of entitlement to such exceptionslexemptions or to specifically permit local governments to issue and require local permits for those wishing to exercise any such exception/exemption. APPROPRIATION: None. FISCAL IMPACT: Enforcement costs currently undetermined. C�ZiUSIX"I Clifford Repperger, Jr Sharon Luba, Admin. Assistant Assistant County Attorney Commissioner Ron Pritchard District II 2725 Judge Fran Jamieson Way 2575 N. Courtenay Pkwy, Merritt Island 32953 Viera, 32940 (321) 633-2090 (321) 455-1334 FIREWORKS REPORT TABLE OF CONTENTS PAGE(S) 1. FIREWORKS COMMITTEE FINDINGS/REC 1-2 2. BERNI-GRAM 3 3. FLORIDA STATUTES 4-8 4. FLORIDA ADMINISTRATIVE CODE 9 5. VENDOR "VERIFICATION" FORMS 10-12 6. BREVARD COUNTY CODE 13-18 7. COCOA BEACH ORDINANCE 19-20 8. ORLANDO CITY CODE 21-25 9. POLK COUNTY ORDINANCE 26-35 10. PINELLAS COUNTY ORDINANCE 36-44 FIREWORKS COMMITTEE MEMBERS: Commissioner Ron Pritchard, Cape Canaveral Mayor Rocky Randels, Mike Taggert Brevard County Fire Marshal, Bill Farmer Brevard County Fire Chief, Bennett Boucher Cape Canaveral City Manager, Charles Billias Cocoa Beach City Manager, A. J. Hutson Cocoa Beach Asst. City Manager, J. R. Hansen BCSO Bomb Squad, Michelle Jackson Asst. State Attorney, Cliff Repperger Asst. County Attorney, Brad Hodge/Lionel Cote Satellite Beach Police Department, John Shockey Rockledge Police Chief, Rick Allen President, Space Coast Fire Chiefs Association, Mark Laderwarg, Melbourne Police Department, Mel Scott Brevard County Planning and Zoning Manager, Bobby Bowen Code Enforcement Manager The Committee met several times this summer with the express purpose of reviewing statistics, current law, national and local support and enforcement procedures, and will continue to work with County staff should the Board approve the requested actions. PRELIMINARY FINDINGS / RECOMMENDATIONS • Fireworks are considered to be hazardous and destructive materials, and verification procedure is necessary to protect the health, safety and welfare of the citizens of and visitors to Brevard County, and to ensure that fireworks are only sold to those purchasers falling within the statutory exemptions allowed under Chapter 791, Florida Statutes. (page 9) • Ban on consumer fireworks is supported by the National Fire Protection Association, National Ophthalmology Association, National Fire Marshal's Association, American Academy of Pediatrics, American College of Emergency Physicians, National Association of State Fire Marshals, Space Coast Fire Chiefs Association. • Seven states ban -the use of all consumer fireworks (Arizona, Delaware, Georgia, Massachusetts, New Jersey, New York and Rhode Island). • Chapter 791, Florida Statutes prohibits the sale of illegal fireworks unless a statutory exemption applies; the State has charged local law enforcement agencies with the responsibility to enforce Chapter 791, Florida Statutes and Section 5A-3 of the Florida Administrative Code. (pages 7 and 9) • The system currently used by sellers of fireworks does not provide for verification of the purchaser's age or exemption status; and allows the potential sale of fireworks to the general public which is prohibited under Chapter 791, and certain fireworks retailers seem to be unable or unwilling 1 to restrict sales to individuals qualified to purchase fireworks under Chapter 791, Florida Statutes. (pages 10-12) • It would be desirable if all new, permanent, legal fireworks structures be sprinkler -compliant and only be located in Industrial IU zoning areas. • It would be desirable if the current permanent structures (6) have a determined amount of years to be sprinkler -compliant — square footage will be considered. Temporary tents selling fireworks shall be eliminated. (page 16) • Selected Orlando's ordinance as a "model" as it better suits our countywide ordinance needs. (pages 24-25) • Add the word "beaches" to current Brevard County Code defining prohibition of fireworks in recreational areas. (page 13) • Define law enforcement procedures and penalties for sale and use of all illegal fireworks — either BCSO or Code Enforcement or both. • Chapter 791, Florida Statutes needs to be amended to close waiver loopholes — position paper to Brevard Legislative Delegation. • Signs on beach crossovers can work as a deterrent and are lawful pursuant to Chapter 791, Florida Statutes. 2 BREVAR6,,wn BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST BERNADETTE S TALBERT, Clerk to the Board, 400 South Street, P.O. Box 999, Titusville, Florida 32761-0999 Telephone: (321) 2646970 Fax: (321) 2646972 July 10, 2003 MEMORANDUM F TO: Tom Jenkins, County Manager RE: Item I.D, Report on Sale of Fireworks The Board of County Commissioners, in regular session on July 8, 2003, acknowledged Commissioner Pritchard's report on sale and use of fireworks on the beach and other areas of the County and his intent to bring the issue before the Board for discussion. Your continued cooperation is greatly appreciated. Sincerely yours, BOARD OF COUNTY COMMISSIONERS Aemaddette S, CLERK bent, Deputy Clerk /SI cc: vCommissioner Pritchard PRINTED ON RECYCLED PAPER 3 FLORIDA STATE STATUTE 791 — FIREWORKS 791.00.1 Application and enforcement. --This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state. 791.01 Definitions. --As used in this chapter, the term: (1) "Distributor" means any person engaged in the business of selling sparklers to a wholesaler. (2) "Division" means the Division of the State Fire Marshal of the Department of Insurance. (c) "Fireworks" also does not include the following novelties and trick noisemakers; 1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. 2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect. 3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. 4 b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper, which is a small, paper -wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks. e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. (5) "Manufacturer" means any person engaged in the manufacture or construction of sparklers in this state. (8) "Sparkler- means a>deViCE3 which:ennits<Showers Of SD'�rks urian hurninrr_ Arwc not r 6ritn n which produces sparks upon burning. }1ny sparlclerthat isnot approved by the division is classified as. fireworks. (9) "Wholesaler"; means any person engaged in.the busiress:of selling sparklers to a retailer. 791.12 Minimum fireworks safety standards. --The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder. 5 791.013 Testing and approval of sparklers; penalties. -- (1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Weekly and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures. (2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first. degree, punishable as provided in s. 775.082 or s. 775.083. (3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards:in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The division shall dispose of any samples which remain after testing. 791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers. -- (1) REGISTRATION REQUIREMENTS. --Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms. (2) REGISTRATION FORM. --The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person. (3) FEES. -- (a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5. 2 (b) Revenue from registration fee payments shall be deposited in the Insurance Commissioner's Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter. (4) RULES. --The State Fire Marshal may adopt rules prescribing registration forms required by this section. 791.02 Sale of fireworks regulated; rules and regulations. -- (1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups, of individuals when such public display is to take place outside of any municipality.provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by -a competent operator to be approved by the chiefs of the police and fire departments of therimunicipal ty in which the display is to be held, and shall be of such a character, and so located; discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property, or endanger any person. Application for permits shall be made in writing at;ieast 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be'lawfii'I for:that purpose only. No permit granted hereunder shall be transferable. (2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location. 791.03 Bond of licensees. --The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee's display, and arising from any acts of the licensee, his or her agents, employees or subcontractors. 791.04 Sale at wholesale, etc., exempted. --Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed 7 of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds. 791.05 Seizure of illegal fireworks. --Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter. 791.055 Restrictions upon storage of sparklers. -- (1) Sparklers shall not be stored or kept for sale in any store: (a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers. (b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers. (c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires. (2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: "CAUTION SPARKLERS -NO SMOKING." No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe. by the rules prescribed by 8 r s. 5A-3.001 Application to Sheriff for Use of Firecrackers. SA -3.002 Acquisition of Firecrackers. 5A-3.001 Application to Sheriff for Use of Firecrackers. Any person who is engaged in agricultural works or who operates a fish hatchery may use firecrackers solely, and exclusively for the purpose of frightening birds from doing harm to any such person's agricultural works or fish hatchery operation; provided that any such person shall first file with the sheriff of the county in which he is engaged in agricultural works or the operation of a fish hatchery a statement in writing that he is engaged in agricultural works, describing the nature of such, or that he operates a fish hatchery, describing the nature of such, and desires to use firecrackers to frighten birds from harming his agricultural works or his fish hatchery operation and that firecrackers will be used solely and exclusively for that purpose. Specific Authority 791.07 FS. Law Implemented 791.07 FS. History-Repromulgated 12-31-74, Amended 12-21-75, Formerly 5A-3.01. 5A-3.002 Acquisition of Firecrackers. Any person may acquire from any authorized person firecrackers for purposes stated in Section 5A-3.001, F.A.C., upon presenting a copy of his statement filed with the sheriff. Specific Authority 791.07 FS Law Implemented 791.07 FS History-Repromulgated 12-31-74, Amended 12-21-75, Formerly 5A-3.02. W vas ■ ■uRIaM FIREWORKS MEGA SUPERSTORES VERIFICATION CERTIFICATE PRINT NEATLY TO RECEIVE CATALOG I ACKNOWLEDGE ANIS AGREE THAT: I am eighteen (18) years of age or older. I have reviewed Section 791.04 of Chapter 791, Florida statutes, and my purchase and use of the fireworks falls within the exceptions specified therein. The seller is not responsible for any damages or injuries caused by the use, misusE improper use, or illegal use of the fireworks. I will indemnity and hold the seller harmless from any claims brought as a result of such damages and injuries. No representations, either oral or implied, other than those set forth above have been made by any parties to this transaction. * CUSTOMER SOX * PRINT NAME ADDRESS CITY STATE ZIP SIGNED DATE SKY KONG FIREWORKS Date Notary public or Witness My Commission Expires: How did you hear about us? O Catalog Q Flyer ❑ Billboard Q Radio O Walk-in 1] Friend U Other THANK YOU FOR YOUR PATRONAGE U I ACKNOWLEDGE AND AGREE THAT: I am eighteen (18) years of age or older. I have reviewed Section 791.04 of chapter 791, Florida Statutes, and my purchase and used the fireworks falls within an exception specified therin. • The seller is not responsible for any damages or injuries Mused by the misuse, improper use, or illegal use of fireworks. I will indemnify and hold the seller harmless from all daims brought as a result of such damages and injuries. • No representations, either oral or implied, other than those set forth above, have been made by any parties to this transaction. PRINT FIRST NAME: John PRINT LAST NAME -Doe ADDRESS: DHy: STATE: ZIP: - PHONE: EMAIL: PREMIER/PREFERRED # SIGNED: DATE: 06/14/03 Please provide the mailing information to receive next year's catalog. How did you hear about us? Catalog Flyer Billboard Radio Walk-in Friend 9001335 Internet Other VERNICAT'ION CERTIFICATE I ACKNOWLEDGE AND AGREE THAT: .1 am at least 18 years of age or older. 1 have reviewed section 791.44 of ehaptu'791 # Fbdda statutts, and my purchase and use of the fireworks falls within the exceptions specified therait- The seller is not responsible for any damages or injtwies caused by use. misuse. improper use or illegal use of the fireworks. l will indemnify and hold the seller limnless from any claims brought as a result of such damages and injuries. No representations, either orad or i mpliod. oder than those set f oith above, haul beta ma* by anY parties to this transaction. a SIGNATURE DATED PRINT NAME ADDRESS . _ __ APT: CITY STATE -- _.-- PHONE EMAIL Please provide mailing information to eaabk us to provide you with special offers. HOW DID Y011 Hi&R ABOUr r US? Postcsu'd ❑ NewspaperO Radio El 'Tekvishon El Friend ❑ Walk-in ❑ Bulbowd 0 Other BREVARD COUNTY CODES r Sec. 78-115. Firearms, fireworks. No person in any park or recreational area shall cant', fire or discharge any gun, pistol or firearm or any rocket, torpedo or other WIM any description without a permit from the department except in a designated area for such purpose. Ord 96-31 Sec. 10-27. Q"" . Amusement attraction means any building or structure around,. over, or through which persons may move or walk, without the aid of any moving device integral to the building or structure, which building or structure provides amusement, pleasure, thrills, or excitement. The term does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts. The following are not considered amusement devices or amusement attractions: traditional theaters, bowling alleys, skating rinks, miniature golf, exercise equipment, batting, cages, and live animal rides. Applicant means the property owner, individual or organization sponsoring the event and who must apply for the special event permit. Booth means a small stand for the sale of goods or containment of games and other individual entertainment activities associated with the special event. Commercial activity means the sale of any item or service, tangible or intangible, including but not limited to food and beverages, the charging of admission, the charging of fees for any service, entertainment or amusement, including but not limited to carnival rides. Commercial activity does not include public issue speech as defined below. Provider means the person, partnership or organization who is providing the amusement rides, devices, games, and booths, tents or entertainment to the sponsoring person, partnership or organization. Public issue speech means all speech and assembly protected by the First Amendment to the United States Constitution, as interpreted by case law, including, but not limited to, religious, political, philosophical speech and assembly, as well as charitable solicitation for any purpose as described in F.S. § 496.404(2), as amended. (Ord. No. 96-31, § 23, 7-2-96) Sec. 10-37. Application. 13 (a) The applicant for a permit under this article shall file a special:event'oppl cation, with the building official of the county. The county cannot guarantee review and approval in a timely manner if the application is submitted less than ten working days prior to the date of commencement of the special event. The special event application shall specify, at a minimum, the following: (1) Name and principal place of business of the person, partnership or organization who is sponsoring the activity. (2) If different from the sponsor, the name(s) and address(es) of each person, partnership or organization who is providing the amusement rides, devices, games, booths, tents or entertainment to the sponsoring person, partnership or organization. (3) If the sponsor is not a person, the names and addresses of its officers. (4) The name, address and local telephone number of the person to whom all questions and complaints are to be directed. Such person may be an officer or employee of either the sponsor or the provider. (5) A copy of the site plan showing the location of all activities and facilities including security stations, rides, tents, devices and booths and a proposed electrical layout for the activity. (6) A notarized statement of permission from the owner(s), lessee, agent, of the property where the special event will take place, if the applicant is not the property owner. (7) Proof of insurance as required by section 10-42. (8) A signed and executed hold harmless agreement releasing the county from any and all liability arising out of or resulting either directly or indirectly from the special event and from any loss, cost or expenses arising in any manner from the special event. (b) The applicant for fairs, festivals, carnivals, circuses, or events projecting a constant attendance of 100 to 250 individuals shall submit the following in addition to the requirements of subsection (a): A plan for internal security, traffic control, communications, fire protection and emergency services, including ambulance service, in and around the event, such plan shall be based on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections to be blocked and the need to detour or preempt ordinary citizen travel and use of the streets and sidewalks. (c) The applicant for fairs, festivals, carnivals, circuses, or events projecting a constant attendance of 250 or more individuals shall submit the following in addition to the requirements of subsection (a) and (b): (2) Proposed plans for drainage, flood lighting during darkness, water supply and food services. 14 (3) A plan shall provide at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the special event area. No motor vehicles shall be permitted outside the designated parking area except when necessary to ensure compliance with any provisions of this article. (4) The proposed method of storage, collection and disposal of wastewater and refuse, including, but not limited to, wastewater and refuse generated by structures used for security stations, and specifying such provisions that have been made for sanitary facilities for persons using the premises. (5) Security and traffic control: a. A plan shall be provided for security personnel or certified law enforcement officers on duty as required by the county sheriffs office. b. Where the proposed special event is to be conducted for the sole purpose of public issue speech and does not involve any commercial activity, the applicant shall not be required to pay the expenses associated with security, unless the same event has experienced two or more security violations at a single event, in the county or any other jurisdiction, during the two calendar years immediately preceding the proposed event. (d) A copy of the special event application shall be distributed to the appropriate agencies for review and approval. Each outside music special event application must also be distributed to the county manager or his designee for review and approval. Each agency's comments shall be submitted to the building official within five working days. The resolution of any review conflicts shall be coordinated through the applicable reviewing agency. It will be the responsibility of any reviewing agency to contact the applicant concerning deficiencies, added requirements or questions immediately upon completion of the review. (e) All application conditions must be met prior to the issuance of a special event permit. Under no circumstances shall the speech content of the proposed special event or the reaction of those listening to such speech serve as grounds to deny the permit application. (Ord. No. 2000-26, § 7, 4-25-00) Sec.10-40. Fireworks displays. (a) In addition to the requirements in section 10-37, the following shall be required: (1) Name and address of individual(s) performing display. (2) Name, address, and telephone number of transporting company. (3) A copy of the driver license for each individual transporting the pyrotechnics including the hazardous materials transportation sticker. 15 (4) Name, address, and telephone number of fit swbrks company providing pyrotechnics. (5) Location of where and how pyrotechnics will be stored. (6) A complete list of firing shells and their respective sizes. (7) A site plan as required by the National Fire Protection Association #1123, as adopted by Florida Administrative Code, including, but not limited to the location of the firing range, distance from any structures, and electrical lines. (8) Copy of a plan to provide adequate on site fire suppression. (b) All display shows must meet the National Fire Protection Association standards. (Ord. No. 2000-26, § 10, 4-25-00) S-40.10-41. 7-nft. It shall be unlawful for any person to erect a temporary structure for use by the general public as a tent without having made application for and receiving a permit to do so in accordance with the conditions and limitations as established by county building, zoning and land use laws, ordinances and regulations. (a) Saes tents may be erected temporarily on commercially developed property, or on a vacant commercially zoned property adjacent to commercial developed property, for a period not to exceed more than four weeks per year. The sales tent shall not encroach into any parking driveway aisle and shall not impact more than 25 percent of the number of existing parking spaces on a developed site. Where proposed to be located on vacant commercially zoned property adjacent to commercially developed property the applicant shall provide written proof that the owner of the adjacent property has consented to the use of his improved parking and access driveways to accommodate the applicants parking needs. Parking shall not be permitted on unimproved property. (b) The applicant for a special event permit under this article shall file a special event application in accordance with section 10-37 and shall specify at a minimum, the following: (1) Plot plan of proposed site, indicating the existing structures, all parking and driveway isles. (2) Flame retardent certificate for tent. 16 (3) The building official shall require a separate electrical permit in the event that: a. The maximum size portable generator designated for use as the primary electrical supply exceeds ten kW. The generator must be equipped with ground -fault protection devices. Only UL listed flexible cords with attachment plugs may be used. Hard wiring shall be completed only by a duly licensed master electrician. b. Any alteration to the existing wiring will require a separate electrical permit. (Ord. No. 2000-26, § 11, 4-25-00) Sec. 10-42. Indemnifica#ion and insurance. (a) The operator or provider of any rides, games or device subject to the regulation of F.S. ch. 616, shall be required to provide a copy of the certificate of insurance with the special event application. The applicant or operator shall not operate or authorize the operation of an amusement device or amusement attraction unless at the time of operation there is in existence: (1) A current insurance policy in an amount of not less than $1,000,000.00 per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or (2) A bond in a like amount; however, the aggregate liability of the surety under the bond may not exceed the face amount thereof. (b) The applicant shall provide a certificate of insurance evidencing that the sponsor has obtained a policy of general liability insurance covering all products and operations associated with the event for this article. The certificate shall show bodily injury and property damage limits, in an amount no less than $300,000.00 per occurrence, combined single limit, except as stated in this article. The certificate shall show the county as an additional insured, in respect to the special event, and shall be issued by an insurance company authorized to do business in the state. (c) Applicants who intend to engage in public issue speech, exclusively on property traditionally utilized for the purpose of public issue speech, shall not be required to provide liability insurance unless the proposed activities or event(s) include any of the following high risk or commercial activities: athletic activities that involve physical contact, use of alcoholic beverages, sale of food items, or activities where amplified music is a primary function and a gathering of more than 200 people is expected. If required, the amounts of such insurance shall be identical to those stated in the immediately preceding paragraph. Under no circumstances shall the content of the proposed speech, nor the potential reaction of those listening to such speech, be a consideration with regard to the requirement and/or amount of liability insurance required. (Ord. No. 2000-26, § 12, 4-25-00) 17 Sec. 46-127. Exceptions. (NOISE) Loud and raucous noise does not include noise or sound generated by the following: (1) Cries for emergency assistance and warning calls. (2) Radios, sirens, homs and bells on police, fire and other emergency response vehicles. (3) Parades, j1r� displays and other special events for which a permit has been obtained from the county, within such hours as may be imposed as a condition for the issuance of the permit. (4) Activities on or in county and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent. (5) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to tum off the alarm. (6) Religious worship activities, including but not limited to bells and organs, as long as such noise, because of its volume level, duration and character does not annoy, disturb, injure or endanger the comfort, health, peace or safety of a reasonable person of ordinary sensibilities. (7) Locomotives and other railroad equipment, and aircraft. (8) The operation of lawn mowers, edgers, trimmers and power driven hedge shears in a residential zone or within 500 feet thereof is allowed between the hours of 7:00 a.m. and 8:00 p.m. (9) Operation of watercraft upon any watercourse, lake, river, or swamp in the unincorporated county. Such exception shall not apply to noise or sound generated by watercraft impacting abutting land areas, unless located at or on a properly zoned marina watercraft repair shop or manufacturing facility, or to noise or sound prohibited under section 46-131(14). (10) Farm equipment, farm machinery or other noise consistent with a lawfully permitted use within an AU zoning classification; however, this exception shall not apply to animal noise. (11) The operation of tow trucks while assisting motorists or towing disabled vehicles. (Ord. No. 93-09, § 2(14-20.42(D)(1)(e)), 5-18-93; Ord. No. 94-01, § 2,1-11-94; Ord. No. 95-14, § 1, 3-21-95; Ord. No. 95-58, § 1(A --C)1'2-12-95; Ord. No. 01-45, § 3, 9-4-01) 18 ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING CHAPTER 15 - OFFENSES; ADDING A NEW SECTION - 15-37, ENTITLED: FIREWORKS; PROHIBITED ON OCEAN PUBLIC BEACH; EXEMPTIONS; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII of the State constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and . WHEREAS, the ocean beach is a precious natural resource, protecting our barrier island and attracting visitors to support our local economy, and WHEREAS, the beach dune system, inhabited by diverse wildlife and fortified by native vegetation, protects and preserves our barrier island community from the forces of nature; and WHEREAS, there is a need to preserve and protect the,sandy beach, the dune system, the wildlife and the native vegetation; and WHEREAS, the ocean beach of Cocoa Beach from time to time is prone to dense congregations of people; and WHEREAS, the use or possession of fireworks in the State of Florida is restricted to agricultural purposes; and WHEREAS, there are no agricultural areas in the city limits of Cocoa Beach; and WHEREAS, the discharging of fireworks for non-agricultural purposes, other than those displays for which a Special Event permit is issued, is illegal in the City of Cocoa Beach; and WHEREAS, the discharging of fireworks can cause fires in the dune vegetation or nearby public and private structures; and WHEREAS, the discharging of fireworks adversely affects the peace, tranquility and quality of life for persons residing nearby. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA, AS FOLLOWS: SECTION 1. CHAPTER 15 - OFFENSES, SECTION 15-37 IS HEREBY CREATED TO READ AS FOLLOWS: Sec. 15-37. ReseFved. Fireworks: Prohibited on Ocean Public Beach; Exemptions Fireworks shall mean any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, expulsion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy puns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, cherry bombs, sparklers and other devices of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance except that the term "fireworks" shall not include model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable airborne models and shall not include toy pistols, toy canes, toy auns or other devises in which paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Ordinance No. 1361 (i In the interest of the health, safety and welfare of residents and visitors and the orderly patrol of the beach areas by the city police, it shall be unlawful to discharge fireworks (a) within the incorporated city limits of Cocoa Beach anywhere easterly of a line 500 feet to the west of, and running parallel with, the center of dune vegetation line, or (b) in the waters of the Atlantic Ocean within 500 feet of the mean high water line, or (c) in any public Dark. The possession of fireworks within these areas without a special event permit from the City by any person shall constitute a prima facie violation of this section. Violations of this section shall be Class 1 offenses as outlined in Chapter 31 of the Code of Ordinances of Cocoa Beach and forfeiture of fireworks. SECTION TWO: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith be and the same hereby repealed. SECTION THREE: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be become in fullkforce and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. ,' Upon Motion by Commissioner and Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of .2003. Ayes: Nays: Absent or Abstaining: Leon "Skip" Beeler, Mayor -Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance No. 1361 20 Back I Print Sec. 24.22. Sale and Purchase of Fireworks. (a) Definitions. (1) "Seller" means any person, corporation, firm, or co -partnership engaged in the business of selling fireworks. "Seller" shall also include "Manufacturer," "Retailer," "Seasonal Retailer," "Wholesaler," and "Distributor" as defined in Chapter 791, Florida Statutes, as amended. (2) "Fireworks" as used herein shall have the same definition as used in Chapter 791, Florida Statutes, as amended; provided, however, that this Section shall not apply to the sale of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports. (b) When selling fireworks pursuant to an exception or exemption set forth in Florida Statutes, Section 791.02, 791.04, or 791.07, the seller of fireworks shall require the purchaser to produce a photo identification or such other documents as are needed to establish the identity of the purchaser. Additionally, the*ieller shall document and record for each sale: (1) the name, home address, and home telephone number of the purchaser; (2) a detailed description of the documents reviewed to establish the identification of the purchaser, (3) the date of the purchase or sale; (4) the name and home address of the salesperson making the sale; (5) the specific nature of the use which qualified for the exception or exemption relied upon (i.e. "a sale at wholesale", "a sale to be shipped directly out-of-state", etc.); (6) the manufacturer's label name and the quantity for each firework sold; and (7) the proof reviewed by the seller to establish the exception or exemption applied to that sale, which shall at a minimum contain the following information: (A) If the sale is at wholesale between manufacturers, distributors, and wholesalers who have registered with the Division of the State Fire Marshall of the Department of Insurance prior to consummating the sale, the seller shall review the actual permit or certificate issued to the purchaser by the State Fire Marshal, record its number and date of issuance, and retain a photocopy of such permit or certificate for inspection pursuant to § 24.22(c). (B) If the sale is for fireworks that are to be shipped directly out- of-state by the seller, the seller shall record the name, address, and telephone number of the common carrier who will make the delivery and the date said fireworks were delivered to that common carrier by the seller. (C) If the sale of fireworks is to a person holding a permit from any board of county commissioners or governing body of any municipality in the State of Florida prior to consummating the sale, the seller shall review the actual permit; and record the date of the ,,I -I http:f/livepublish.municode.com/7/lpext.dll/Infobasel 7/1 /1 M,.ilAa1 0 r Previous Next permit, the permit number, and the identity of the governing body issuing the permit; and retain a photocopy of the permit for inspection pursuant to § 24.22(c). (D) If the sale is for the use solely and exclusively in frightening birds from agricultural works or fish hatcheries to a person who has previously filed a statement in writing, with the Sheriff of the county in which the person is engaged in agricultural works or the operation of a fish hatchery, which statement complies with the rules of the Department of Agriculture and Consumer Services, the seller shall prior to consummating the sale review an actual copy of said statement; record the date of the statement, the address of the agricultural use or fish hatchery, and the identity of the Sheriff with whom the statement was filed; and retain a photocopy of the statement for inspection pursuant to § 24.22(c). (E) If the sale is to a proposed purchaser who does not comply with subparagraphs 7(A) or 7(B) above, or does not hold a permit or statement as described in subparagraphs 7(C) or 7(D) above, then the purchaser shall obtain a permit issued by the City of Orlando establishing that the purchaser qualifies for an exemption under Florida Statutes 791.02, 791.04, or 791.07, and the seller shall review and photocopy the permit; record the date of the permit and the permit number, and retain a photocopy of the permit for inspection pursuant to § 24.22(c). (c) The information required to be photocopied or recorded in sub -section (b) above shall be available for review, inspection, numbering, and/or copying by the City or its agent at the location where the fireworks are being sold during the period that fireworks are being sold. Additionally, said information shall be retained by the seller for a period of one year from the date of sale, and if requested by the City or its agent, shall be produced for review, inspection, numbering, and/or copying at City Hall during normal business hours. The request of the City or its agent shall be in writing and served upon the seller by certified mail, return receipt requested, or by hand delivery to the seller at the last known address of such seller. The seller shall produce the requested information to the City or its agent within five (5) business days after receipt of the written request. (d) Any person, corporation, firm, or co -partnership purchasing fireworks pursuant to Chapter 791, Fla. Stat., shall, upon request, provide to any law enforcement officer or code enforcement officer proof of his/her exempt status, as required herein. (e) Any law enforcement officer or code enforcement officer may seize any fireworks from any purchaser who at the site of the sale refuses to or fails to provide proof of his/her exempt status as required herein. (f) It is unlawful for any seller, as defined herein, to sell fireworks without first obtaining, documenting and recording the information required to be recorded in sub -section 24.22(b) above. (g) It is unlawful for any seller of fireworks to fail to retain the information or records required to be recorded under this Section for a period of one year from the date of sale or to fail to make said information or records available for review, inspection, numbering, and copying as above provided. (h) It is unlawful for any seller of fireworks to fail to produce the information required to be recorded and retained under sub -section 24.22(b) and (c) above within the time limits prescribed herein after the written request of the City or its agent. IUME http://livepublish.municode.com/7llpext.dllllnfobase 17/111 bdc/1 d4l?f=templates&fn=altm... 7/24/2003 (i) It is unlawful for any person, corporation, firm, or co -partnership to misrepresent, misstate, or falsify a statutory exemption under Chapter 791, Florida Statutes for the purpose of inducing a sale of fireworks. G) Penalties. (1) Each violation of this Section shall constitute a separate offense punishable as provided in Section 1.08 of the City Code. (2) In addition to the penalties set forth in Paragraph 24.220)(1) above, Sections 24.22(d) and (i) may be enforceable through the use of code enforcement citations as described in Chapter 5 of this Code. (k) - Permits reflecting that a person meets the requirements for an exemption under Florida Statute 791 may be obtained from the City from its Orlando Fire Department by providing to said Department such information as may be reasonably required to establish that said person qualifies for said exemption. A permit may be valid for up to twelve (12) months from its date of issuance. There shall be no charge for said permit. (1) The Orlando Fire Department shall either issue a permit or deny a request for a permit as soon as is reasonably practical, but in no event tater than three business days of receiving a request for a permit and its supporting information. If an applicant is dissatisfied with the decision of the Orlando Fire Department, the applicant may appeal to the City of Orlando's Chief Administrative Officer (CAO) and the CAO shall render a written decision within five (5) days of receiving the appeal. An applicant wishing to appeal the decision of the CAO may file a request for immediate judicial review with the court having jurisdiction thereof, or in the alternative, may file an appeal to the City Council within five (5) days after receipt of the notice of denial by filing a written notice with the CAO with a copy delivered to the City Clerk, and such appeal shall be considered at the next regularly -scheduled City Council meeting. An applicant wishing to appeal the decision of City Council may file a request for immediate judicial appeal with the court having jurisdiction thereof. (Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 12-18-2001, § 1, Doc. #011217705; Ord. of 12-2-2002, Doc. #021202704) A3 http://Iivepublish.municode.com/7Apext.dll/lnfobasel7/1/lbdc/1 d41?f=templates&fn=altm... 7/24/2003 Back I Print Sec. 24.29. Addition to NFPA 1, Chapter 16 Fireworks, Model Rocketry, Explosives. NFPA 1, Chapter 16 is adopted in its entirety with the following additions. (a) Add to Section 16-1. Fireworks. (1) Except as permitted by Florida Statutes, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks; public displays conducted in accordance with NFPA 1123 shall be permitted when the operator is in possession of a valid permit issued by the City. Every such use or display shall be handled by a competent operator approved by the AHJ and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. (2) Applications for permits shall be made in writing at least fifteen (15) days in advance of the date of the display. After such privilege shall be granted, sale possession, use and/or distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. (b) Add to Section 16-2 and 16-3. Fireworks/Special Effects. (1) No person shall discharge any fireworks, as defined in this Code, without a permit. Such permit shall prescribe the explosive compounds or incendiary composition to be used and the amount per show. (2) Prior to the issuance of a permit for fireworkstspecial effects, the operator shall file application with the Fire Department, stating qualifications and other information as deemed necessary by the AHJ to certify that the operator is capable of safely discharging such fireworks as described to the satisfaction of the AHJ. (3) The location of the fireworks/special effects display shall be specked as to street address, building designation and exact area within the building to assure that the proposed display can safely be discharged as approved. (4) No permit once issued may be transferred to another location nor to another operator, and any change in the information listed on the permit will necessitate the reapplication for a new permit; the previously -issued permit is then void. (5) At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one show date consumption. (6) No permit shall be issued until the show setup is approved by the AHJ or his designee prior to the first show. (7) No permit shall be issued unless the building listed as the �4 Previous I Next WE http://livepublish.municode.coni/7llpext.dlHnfobasel7llllbdcllddl?f=templates&fn=altm___ 7/24l�nnz location of the display has had a current fire inspection and is in compliance with the Fire Prevention Code. (c) Add to Section 16-10.2 Permits. Permits are required in the City of Orlando as indicated on Section 24.16 (u) (11) of The Fire Prevention Code. (d) Add to Section 16-10-3. Structures where fireworks, as defined in Florida Statute 791, are housed, stored, or sold shall meet all of the following conditions: (1) Non-combustible construction (2) Free-standing building with a clear space on all four sides of at least 20 feet. (3) Protected by a supervised automatic sprinkler system designed for Extra Hazard or an ESFR system. (4) Protected by a fire alarm system initiated by pull stations and smoke detectors with appropriate notification appliances. (5) Protected by a smoke exhaust system initiated by smoke detectors throughout the building. (6) Sales area is limited to 5,000 sq. ft. Exception: Existing structures or stores currently permitted to house, store, or sell fireworks before the adoption of Sec. 24.29(d) may continue to house, store, or sell fireworks so long as conditions of the current permit continue to be satisfied. (Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 9-23-2002, § 2, Doc. #020923716) A http://livepublish.municode.coml7llpext.dllllnfobasel 7/1/1 bdcllddl?f=templates&fn=altm... 7/24/2001 POLK COUNTY ORDINANCE NO. 94 =3�L AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF FIREWORK; PROVIDING FOR DEFINITIONS; REGULATING STORAGE AND SALE OF Sp THE PROffiBITING TgE SALE LERS; FIREWORKS; REGULATING OR USE OF DISPLAY OF FIREWOR". TRE PUBLIC SALE RECORDS AND PROVIDING FOR PENALTIES; PROVIDINGEFORPSE PROVIDING PROVIDING AN EFFECTIVE DATE. WHEREAS, many injuries to ,both Persons and property occur a result of each year improper use and illegal sale of firewks asor g being sold under the guise of big sparklers and, therefore, legal for consumer Purchase and use; and WHEREAS, the improper use and illegal sale of items Purportingto sparklers cause life and property be lawful P P y threatening fires and fire hazards; and WHEREAS, it is deemed necessary to protect the lives and property of the People of Polk County, Florida, through regulatory measures designed and intended to reduce personal injury and property damage and minimize the Possibility of fires and the creation of fire hazards; and WHEREAS, by the adoption of this Ordinance, it is the intention of the Board of ,. County Commissioners of Polk County, Florida, to facilitate the enforcement of the statutory provisions of Chapter 791, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA; SECT 1: Title. This ordinance shall be known as and may be cited as the Polk County Fireworks Ordinance. SECTION 2: Findings of Fact. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 3: Applicability. This Ordinance shall apply within all of the unincorporated areas of Polk County, Florida and all incorporated areas of the County to the extent that it does not conflict with a municipal ordinance or code. SECTION 4• Definitions. 1. Division - "Division" shall mean the Polk County Fire Services Division 2. As used herein, the terms "fireworks". "sparklers", "retailer "wholesaler", "distributor", and "manufacturer" shall have the same meaning as specified in Section 791.01, Florida Statutes. SECTION 5: Storage and Sale of Sparklers. 1. Sparklers shall be stored and/or sold in the unincorporated areas of Polk County in accordance with the Zoning Ordinance, the Fire Code, and all related fire prevention regulations, Polk County license laws, permits issued by the local fire official having jurisdiction, and all other state and local laws. 2. All • manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshal pursuant to Section 791.015, Florida Statutes. 3. A retailer of sparklers shall be required to comply with the provisions of Section 791.02, Florida Statutes. -z 7 SECTION 6: Prohibition Against Fireworks; Exceptions; Permits and Regulations. 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale, sell at retail, use or explode any fireworks within Folk County, Florida. 2. Anyone person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, mad such other information as deemed necessary by the Division. 3. The' purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and otherwise in compliance with Chapter 791, Florida Statutes. 4. The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping same to the purchaser at an out--of-state point of delivery. 6. Any person, firm, partnership or corporation who is not registered with the division of State Fire Marshall and who, pursuant to Section 791.07, Florida Statutes,- purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the Polk County Sheriffs Office pursuant to the rules prescrib6d by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. All appropriate local and state permits, registrations and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 8. The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this ordinance.— SECTION SECTION 7: Public Display of Fireworks. 1. Any person, firm, partnership, or corporation that intends to present a public display of fireworks, within the unincorporated area of Polk County, as contemplated within Section X? 791.02. Florida Statutes, shall apply for and secure a permit for same from the Division before purchasing and Z• Thea using s application for such uch fireworks. fifteen (15) days Prior to the event Permit shall be made at and least Division. Thea on a form adopted by the PPlication must be accompanied by the following: Proof of general liability uisuranCe for each fireworks display in the amount of One Million Dollars ($1,000,000.00). b• A Hold Harmless Agreement executed by the applicant in favor of Polk County, Florida. ION 8: Vendor Regi ts. Every seller of fireworks shall be r Purchaser of such wired to Provide to each item a receipt showing name and address items sold, purchaser's . seller• s name and address, and date of Such r shall be receipt Purchase, Provided at the time of seller shall maintain the Purchase and the copy, which shall be available for inspection by the Division or any law enforcement officer SECS �"I-- �N 9% Pe�ti,es. "nY Person, firm, Partnership' or corporation that violates any Provision of this ordinance shall , upon conviction in competent Jurisdiction a coin of . be subject ' Of Five Hundred Dollars a fine not exceeding the sum ($500.00) or imprisonment in the County jail �ty (60) days, or eeding six for a term not exc Prisonment, by both such fine and constitute Each incidence of a violation shall separate offense. e a 3o SECTION 10: Ser..r_by, It any Provision of this ordinance or the application thereof to any Person, firm, partnership or corporation or circumstances is held to be unenforceable or otherwise invalid, the unenforceability or invalidity Shall not affect Other provisions or applications of tbis ordinance which can be given effect without the unenforceable or invaiul provision or aPPiication, and to this end the this ordin Provisions of ordinance are declared severable. ECTION ll: Effective Date. The provisions of this ordinance shall become effective upon receipt of acknowledgement from the .Department of State that a certified copy of this ordinance has been filed with said office. 31 STATE OF FLORIDA, ) COUNTY OF POLK. ) I, E. D. "Bud" Dixon, Clerk of the Board of County Commissioners of Polk County, Florida, hereby certify that the foregoing is a true and correct copy of Ordinance No. 94-34 , Ordinance regulating the Sale and Distribution of Fireworks , which was adopted by the said Board in regular sesson on Tuesday, June 7, 1994 WITNESS my hand and official seal on this 8th day of June 19 94. E. D. "Bud" Dixon Clerk (SEAL) By: P2x4 e1-,- ,X1 Ctee' i Deputy Clerk 3,A-- POLK COUNTY ORDINANCE NO. 97- 12 AN ORDINANCE AMENDING POLK COUNTY ORDINANCE NO. 94-34, THE POLK COUNTY FIREWORKS ORDINANCE; PROVIDING FOR A PERMIT FEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA: SECTION 1: Section 6 of Polk County Ordinance No. 94 -34 -is hereby amended as follows: 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm., partnership, or corporation to offer for sale, expose for We, sell at retail, use or explode any fireworks within Polk County, Florida. 2. Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791-015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the Board of County Commissioners and such other information as deemed necessary by the Division. 3. The purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time, of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and is otherwise in compliance with Chapter 791, Florida Statutes. 33 4. The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to,Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping same to the purchaser at an out-of-state point of delivery. 6. Any person, firm, partnership or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.07, Florida Statutes, purchases firecrackers for fiightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the Polk County Sheriff s Office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. All appropriate local and state permits, registrations and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 8. The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this ordinance. 3q ,S ION 2: Section 7 of Polk County Ordinance No. 94-34 is hereby amended as follows: cti n : Public Display of Fireworks. 1. Any person, firm, partnership, or corporation that intends to present a public display of fireworks within the unincorporated area of Polk County as contemplated within Section 791.02, Florida Statutes, shall apply for and secure a permit for same from the Division before purchasing and using such fireworks. 2. The application for such permit shall be made at least fifteen (15) days prior to the event on a form adopted by the Division. The application must be accompanied by the following: a. Proof of general liability insurance for each fireworks display in the amount of One Million Dollars ($1,000,000.00); b. A Hold Harmless Agreement executed by the applicant in favor of Polk County, Florida; and C. A permit fee in an amount to be established by resolution of the Board of County Commissioners. If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall become effective upon filing of a certified copy of the Ordinance with the Department of State. PINELLAS COUNTY ORDINANCE NO. 03- 48 r—rrn 4 r- A w AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING REGULATORY MECHANISM TO ENFORCE THE PROVISIONS Ogg;' - w FLORIDA STATUTES CHAPTER 791 REGARDING THE SALE ANIP� USE OF FIREWORKS; AMENDING THE EXISTING ORDINANCIP- TO USE THE DEFINITIONS PROVIDED FOR IN CHAPTER 791, F -SSD PROVIDING THAT THE PURCHASER OF ANY FIREWORKO� PRODUCE DOCUMENTATION SHOWING EXEMPTION FROM, 01P'M' M COMPLIANCE WITH, THE REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING THAT A SELLER OF FIREWORKS MUST OBTAIN A PERMIT FROM FIRE AUTHORITY PRIOR TO ENGAGING IN ANY SALES; REGULATING -THE STORAGE AND SALE OR USE OF SPARKLERS; ESTABLISHING . RECORD KEEPING REQUIREMENTS ON VENDORS OF FIREWORKS WITHIN PINELLAS COUNTY; ESTABLISHING PENALTIES FOR MULTIPLE CONVICTIONS OF VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ADDITIONS OR DELETIONS. THAT MAY ARISE AS A RESULT OF MATTERS RAISED AT THEr PUBLIC HEARING OR IN CONSULTATION WITH RESPONSIBLE AUTHORITIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute Chapter 791, provides limitations on the sale and use of items defined under this chapter as "Fireworks"; and WHEREAS, many injuries to both persons and property occur each year as a result of improper use and illegal We of fireworks being sold under the guise of being sparklers and, therefore, legal for consumer purchase and use; and WHEREAS,the improper use and illegal sale of items purporting to be lawful sparklers cause life and property threatening fires and fire hazards; and WHEREAS, some vendors of fireworks sell to the public, fireworks which are legal for use only by certain businesses. In order to feign compliance with restrictions on sales under existing law, these vendors obtain certain representations from purchasers that the purchasers meet the legal requirements to use such fireworks without verifying the truthfulness of those statements; and WHEREAS, it is deemed necessary to protect the lives and property of the people of Pinellas County, Florida, through regulatory measures designed and intended to reduce personal injury and property damage and minimize the possibility of fires and the creation of fire hazards; and 3( c, WHEREAS, by the adoption of this ordinance, it is the intention of the Board of County Commissioners of Pinellas County, Florida, to facilitate the enforcement of the statutory provision of Chapter 791, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA THAT .THE PINELLAS COUNTY CODE IS AMENDED AS FOLLOWS: Section 1. Section 62-81 of the Pinellas County Code is hereby amended to read as follows: Sec. 62-81. Definitions. 1. Authority — "Authority" shall mean the Pinellas County Fire Authority. 2. As used herein, the terms "fireworks", "sparklers", "retailer", "wholesaler", "distributor", and "manufacturer" shall have the same meaning., as specified in Section 791.01, Florida Statutes as it may, from time to time, be amended. 3. As used herein "seller" shall refer to either a wholesaler or retailer as appropriate to the context of the transaction. Section 2. Section 62-82 of the Pinellas County Code is hereby amended to read as follows: Sec. 62-82 Penalties for violation of this Division. 1.Violations of this division shall be punishable and its requirements enforced as provided under Sec. 1-8 of this Code. Violations shall subject an offender to arrest pursuant to Florida Statues, §901.15 and prosecution pursuant to Florida Statutes, § 125.69. These sanctions are in addition to any criminal penalty which is available under the provisions of Chapter 791, Florida Statutes, 2. The law enforcement agency having jurisdiction has the authority to immediately order the cessation of the sale of fireworks at any business or location that is selling fireworks without all required permits until such time as corrective action is taken and the missing permits are obtained. Upon notification by the appropriate law enforcement agency that sales are to cease, the seller shall take appropriate action to secure its fireworks inventory immediately and to prevent 37 the further sale by securing the fireworks in an appropriate off premises locked facility that meets State and Local Fire Code standards. As an alternative to securing the fireworks off site, the business may cease operations until such time as the required permits are obtained and during this time store the inventory ori site if the location is secure and meets State and Local Fire Code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during any period they cease operations. Prior to resuming the sale of fireworks, the seller shall notify the Authority of its intent to resume sales and of the corrective action taken. 3. If a seller has been convicted of a violation of :this division or of Chapter 791, Florida Statutes and within 12 months of that conviction is convicted again of a violation of this division or of Chapter 791, Florida Statutes, its permit to sell fireworks under Sec. 62-89 shall be suspended. The suspension shall; be in addition to any sanction otherwise available under State law or this Code. The fust suspension shall be for a period of 14 days. In the event of any successive conviction of a violation of this ordinance or the provisions of Chapter 791, F.S. occurring within 24 months of a suspension of permit under this section, the seller's permit to sell fireworks shall be suspended for a period of 30 days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove their fireworks inventory from their premises and store them in a secure offsite location which meets all appropriate State and Local Fire codes. Alternatively, the seller may cease operations during the period of suspension if their premises are secure and otherwise meet the requirements of Local and State fire codes. 4. For purposes of this Division, a conviction includes the payment of the assessed fine by not contesting the notice of violation where there is no court appearance. 5. Parents or Guardians are responsible for the violations of minors. (Ord. No. 86-9, § 8, 2-11-86) Section 3. Section 62-84 of the Pinellas County Code is hereby amended to read as follows: W Sec. 62-84. Storage and sale of Sparklers. 1. Sparklers shall be stored and sold in the unincorporated and incorporated areas of the county in accordance with the zoning laws, fire prevention code, license laws of the county and permits issued by the local fire official having jurisdiction and all other state and local laws 2. All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshall pursuant to Section 791.015, Florida Statutes. 3. A retailer of sparklers shall be required to comply with the provisions of Section 791.01, Florida Statutes. (Ord_ No. 86-9, § 2, 2-11-86) y Section 4. Section 62-85 of the Pinellas County Code is hereby amended to read as follows: Sec. 62-85. Prohibition of Fireworks; Exceptions; Permits and Regulations. 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, or under division 2 of this article, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale at wholesale or retail, expose for sale at wholesale or retail, or use or explode any fireworks within the county. 2. The Authority shall develop an affidavit which all sellers of fireworks within the County shall use to determine the entitlement of any purchaser at retail or wholesale to buy fireworks. 3. The purchaser -of any fireworks must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the purchaser is registered with the Division of the State Fire Marshal and is otherwise in compliance with Chapter 791, Florida Statutes. The seller shall retain a copy of any proof of registration presented. 4. The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier associated witb that identification (e.g. drivers 3I license number), and, where required, proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the Authority. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an-out-of-state point of delivery. 6. Any person, firm, partnership or corporation who, pursuant to rules promulgated by the Department of Agriculture and Consumer Services under Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide. to the seller a copy of the statement that has been filed with and stamped as received by. the Pinellas County Sheriffs Office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency_ A commercial drivers license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller. 8. The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other governmentally issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used. The seller shall also record the location where the fireworks will be used.The purchaser of fireworks to be used in a public display such as .those authorized under Division ? of this Section, must produce a copy of the current permit from a 140 county or municipality and the seller must keep a copy of this permit with the record of sale. 9. All appropriate local and state permits, registrations, certificates and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 10. The seller must maintain copies of the records required by this chapter at the location where the sale took place for a period of four years from the date of the sale. If the location of the We was in a temporary facility, the records must be maintained at that site for the duration of the existence of the temporary facility and thereafter for the remainder of the four years in a location within Pinellas County which location shall be listed on the application for the permit from the Authority. These records must be available -and provided immediately upon request for inspection by Fire or Law Enforcement officials. In the event that the sales location, other than a temporary site, closes or rooves, the records required by this section to be retained must be stored at a location in Pinellas County where they will be readily available for inspection by the Authority, Fire Officials or Law Enforcement. The seller shall advise the authority of any change in the location of these records. (Ord. No. 86-9, § 3, 2-11-86) Section 5. Section 62-89 of the Pinellas County Code is hereby created to read as follows! Sec. 62-89. Fire Authority to Issue Permits Governing the Sale of Fireworks. 1. The Fire Authority is authorized to issue permit$ which shall be required for all sales of fireworks within Pinellas County subject to the limitations of Sec. 62-83. 2. Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a .permit from the Authority. This requirement is in addition to any licensing or permitting required by any municipality. Any sale of fireworks without first obtaining a permit is a violation of this Division. ;. In order to obtain a permit, the applicant, must provide proof of compliance with all State and Federal regulations regarding the storage, display for We and sale of fireworks at each location listed on the application. 4. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the Board of County Commissioners which may be set in an amount sufficient to pay for the cost of regulatory requirements of this ordinance. S. The applicant must show evidence of Financial Responsibility pursuant to Sec. 62- 90. 6. The applicant must disclose the name and address of all persons or entities having an interest (financial, security or otherwise) in the inventory that will be offered for sale. 7. Each location at which the applicant intends to display fireworks for sale: or sell fireworks must be listed on the application. The application must also list the name of the manager in charge of each location and their address. The permit shall be issued in the name of the applicant only and shaA not be transferable. 8. The application for the permit shall also list the nature of any other sales or business operations of the applicant which are to take place at the permitted premises. 9. Once a permit is issued, the permit holder shall have a continuing obligation to notify the Authority of any change in the. information set forth in the application for the permit including, but not limited to any changes in physical address closure of the permit holders operations at any location where the permit holder does business in Pinellas County. 10. As a condition of maintaining the permit, the permit holder must comply with all Federal, State and Local regulations governing the sale and storage of fireworks, and must maintain all necessarypermits required by Federal, State or Local law, ordinance or regulation. The permit holder must also comply with the record keeping provisions of this division. 11. The Authority is authorized to issue Temporary Fireworks Sales Permits which shall be in force for a period not to exceed 90 days and Annual Fireworks Sales 4Z Permits which shall remain in effect for no longer than 12 months. Section 6_ Section 62-90 of the Pinellas County Code is hereby created to read as :follows: Sec. 62-90. Evidence of Financial Responsibility, In furtherance of the provisions of Sec 62-88, all sellers of fireworks, must keep in force an insurance policy showing general, comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than one million dollars ($1,000,000.00) combined single limit coverage for each loss that may result from the activities of the sellers. Sellers must maintain Workers' Compensation coverage as required pursuant to Chapter -440, Florida Statutes. A failure to maintain "this required coverage after the procurement of a permit shall be a violation of this Division and grounds for suspension of their permit from the Authority and the sale of the permitted goods as set forth in Sec 62-$2 shall cease until such time. as the required insurance is obtained. Section 7. Section 62-91 of the Pinellas County Code is hereby created to read as follows= Sec. 62-91. Severability. If any Section, Subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Secs. 62-92--62-95. Reserved. Section 8_ Amendment of Proposed Ordinance at Public Hearing. If any section, subsection, clause or provision of this ordinance as proposed to be amended, added, or deleted by majority vote of the Commission as a result of matters raised at the public hearing or in consultation with responsible authorities, then such amendments, additions, or deletions shall be validly adopted without additional advertisement or hearing. L-3 Section 9. Effective Date_. The provisions of this ordinance shall become effective upon filing of a certified copy of this ordinance with the Department of State but in no event prior to September 1, 2003. FIUSeMATrY1A1YKB3 f1R'ue AvtaoWuewodmV-pprovW Fireworks Ordioanoe 6-24-2003.dDo 4L� Meeting Type: Regular Meeting Date 12-02-03 AGENDA Heading Discussion Item 9 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: REGULATION OF ONSITE STORAGE CONTAINERS DEPT./DIVISION: LEGISLATIVE Requested Action: City Councihnember Bob Hoog requested a discussion item on whether the City should regulate onsite storage containers. Summary Explanation & Background: Attached are some comments from staff and a printout for an onsite storage company web page. Please advise. Exhibits Attached: Correspondence City M Office Department LEGISLATIVE C kim oC -s min\rnnnri 7\moo+;,,..�9nn7�io_nn. no_�_____ �;,�,•-l.l------ ------ ........y ........, �i� va-vo Nowtage.uOC From: Jeff Buak abuak@orlandolaw.net] Sent: Monday, November 24, 2003 12:53 PM To: Bennett Boucher; Todd Peetz (E-mail) Cc: Anthony Garganese (E-mail) Subject: Re: POD storage regulation Hi Bennett, PODS are a hot topic in many jurisdictions. One reason is related to aesthetics, long term placement in residential and commercial zoning districts. Another reason is safety, the PODs could become a problem in hurricanes as they are not tied down like accessory structures. Let us know if we can help. At 01:41 PM 11/24/03 -0500, Bennett Boucher wrote: Hello Todd, Bob Hoog would like a city council discussion item on the regulation of POD storage units. http://www.putitinapod.com/ Question for you, do we have any regulations currently on the books to regulate PODS? If not, what would you suggest? Do you know of anyone else that does? Bennett Jeffrey P. Buak BROWN, SALZMAN, WEISS & GARGANESE, P.A. 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa & Viera (866) 425-9566 Website: www.oriandolaw.net Email: firm orlandolaw.net Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. Pagel of 2 Bennett Boucher From: Jeff Buak abuak@orlandolaw.net] Sent: Monday, November 24, 2003 1:12 PM To: Planning4u2@aol.com; boucher-cape@cfl.rr.com Subject: Re: POD storage regulation Hey guys, We have some experience in the area which may be helpful to the City. We agree, normally POD sets down a container and a week later it is picked up and moved to a storage location to await a delivery order. But more and more folks are using them for on-site storage. This occurs both in residential and commercial areas. At 02:12 PM 11/24/03 -0500, Planning4u2@aol.com wrote: Bennett, I'll have to look at their website. I always thought the PODS were temporary like for a week or less and then they took them away. If I were to propose something it would be just that, no more than a week for a temporaty storage container or moving truck. POD probably has some requirement, but I'm sure they are also happy to bill more if the user needed one for a longer period of time. Now if Mr. Hoog doesn't want allow them at all, then that might just be a policy decision since I don't see them as a listed allowable use currently in the residential areas. The closest thing we have in the code is the parking and storage of boats and trailers in Section 110-554, but it is more about vehicles and not containers. The other references to containers are for hazardous materials, solid waste and recycling. I would concur with Jeffs comments on aesthetics and other safety concerns as a reason to regulate them. I also do not know off hand who else has a regulation for these temporary stroage containers, but I can do a search if we need too. Let me know Thanks Todd Peetz Jeffrey P. Buak BROWN, SALZMAN, WEISS & GARGANESE, P.A. 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net Email: firm@oriandolaw.net 11/24/2003 Storage types, please click on the storage type you would like pricing for Page 1 of 1 We do currently service your area! If you would like pricing information please click on the appropriate service type. Warehouse _Storage: We will store your POD in our warehouse. The initial fee will include us delivering your POD to your property for loading and returning it to our warehouse for storage. The initial price also includes us redelivering the POD to your property when you no longer need it and would like to empty it. If you would like us to redeliver your POD at any time while renting it, the cost is a $35.00 charge. The amount of time a POD can stay on your property is determined by regulations that may be in effect in your service area and are listed below. Onsite Storage: Your POD will be stored on your property giving you access to the POD 24 hours a day. The initial fee will include us delivering your POD to your property for use and retrieving it when you no longer need it. If you would like us to move your POD to a different physical address or to a different spot on the current residence at any time while renting it, the cost is a $35.00 charge. The amount of time a POD can stay on your property is determined by regulations that may be in effect in your service area and are listed below. Regulations: *This fee is calculated based on the distance from the zipcode you provided to our warehouse and may change if you have the POD delivered to a different address. http://www.putitinapod. com/zipcodes/STypes. asp?Zip=32920&FRID=12&City=Cape+C... 11/24/2003 Meeting Type: Regular Meeting Date 12-02-03 AGENDA Heading Discussion item 10 No. I will need an initial allowance of $5,000 to prepare the work area and to purchase materials and tools. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSIOMMODEL SHUTTLE PROJECT DEPT./DIVISION: ADUMSTRATION Requested Action: City Council will be updated on the status of the model shuttle project and authorize the city manager to proceed. Summary Explanation & Background: The model shuttle project team currently consists of (13) volunteers. The plan is to build a shuttle model the size of an SUV and mount it on a stand similar to the helicopter stand behind the mall on Merritt Island. I will need an initial allowance of $5,000 to prepare the work area and to purchase materials and tools. Exhibits Attached: Email summary report City Man r' Office .r' Department ADMINISTRATION i r .. cape-40,kfMmydoc ents\ ouncil\meeting\2003\12-02-03\shuttle.doc Bennett Boucher From: Bennett Boucher (boucher-cape@cfl.rr.com] Sent: Tuesday, November 25, 2003 11:29 AM To: Bill Stinson (E-mail); Brenda G Powers (E-mail); Gail Morris (E-mail); Harry Johnson (E-mail); Kimberly A Williams (E-mail); Mary Sumner (E-mail); Michael Ciannilli (E-mail); Patti A Sunderland (E-mail); Rob Lueck (E-mail); Robert G Batchelor (E-mail); Selene Bruns (E-mail); Shannon Roberts -1 (E-mail); Steven G Kane (E-mail) Cc: Kim McIntire (E-mail); Bob Hoog (E-mail); Jim Morgan (E-mail); Richard Treverton (E-mail); Rocky Randels (E-mail); Steve Miller (E-mail); Edward Gardulski (E-mail); Walter Bandish (E- mail) Subject: City of Cape Canaveral - model shuttle project Hello Everyone, On behalf of the Mayor and City Council Members, I want to thank you for volunteering to participate in this community project to build a model shuttle. It's going to be fun and a labor of community pride and spirit for our area. I plan on seeking the City Council's go ahead for this project on 12-2-03. The shuttle model will be about the size of an SUV. Some of the team members have started to secure materials, and the fabrication location will be the high bay area adjacent to the police department at 111 Polk Ave., Cape Canaveral. I'll be spending the month of December getting the work area and everything else organized. The start of fabrication will be scheduled after the holidays. If you have any questions, the best way to reach me is via email. If you have any coworkers interested in volunteering, please have them email me. I'll be sending updates to everyone as we progress. Have a great holiday weekend. Bennett Boucher City Manager City of Cape Canaveral Phone 321-868-1230 Fax 321- 868-1224 N jb' IQ— Ab* 46 4 r I ro