HomeMy WebLinkAboutOrdinance No. 05-2004 1
ORDINANCE NO 05 -2004
cof AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 38, ARTICLE IV t
ENTITLED FIREWORKS; PROVIDING FOR THE
PROHIBITION OF THE PRIVATE USE OR DISPLAY OF
FIREWORKS; 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. VIII of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Section 791.012, Florida Statutes, provides that the outdoor display of
fireworks is governed by the National Fire Protection Association (NFPA) 1123, but that any
municipality may provide by ordinance for more stringent regulations for the outdoor display of
fireworks; and
WHEREAS, NFPA 1123 does not govern the display of any fireworks on private, residential
property; and
WHEREAS, Section 791.02, Florida Statutes, makes it unlawful for any person to use or
explode fireworks, unless permitted by a local governmental entity for public display, or other
exemption provided by law; and
WHEREAS, the City Council hereby finds based on testimony from members of the public,
law enforcement and fire safety officials that the private use of fireworks has caused a substantial
risk to life, bodily injury, and property within the City of Cape Canaveral, particularly during
holidays such as the 4 of July and New Year's Eve; and
WHEREAS, the City Council further finds that the private use of fireworks has caused a
significant littering problem along City beaches, parks, and streets because discharged fireworks are
not being disposed of in trash receptacles; and
WHEREAS, the City Council hereby also finds that because of the substantial dangers and
littering involved with the private use of fireworks, the private use of fireworks constitutes a public
nuisance within the City of Cape Canaveral, Florida; and
WHEREAS, for the foregoing reasons, 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
City of Cape Canaveral
Ordinance No. 05 -2004
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of the citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
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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 Chapter 38, Article IV, entitled Fireworks of the Code of
Ordinances, City of Cape Canaveral, Florida, is 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 Chapter 38, Article IV. It is intended that the text in sections
Chapter 38, Article W denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
Sec. 38-81. Definitions.
For purposes of this article, "Fireworks" shall . _ _ - ., . - ., . . _ .. • _- -
- - - - - - - • - - - - - • • - - - - - - • . ! mean any combustible or explosive
composition or substance or combinations of substances or any article prepared for the purpose of
producing a visible or audible effect by combustion, explosion, deflagration or detonation, as defined a'
by Section 791.01(4)(a), Florida Statutes, as may be amended. "Fireworks" does not mean sparklers
approved pursuant to Section 791.013, Florida Statutes, or novelties, trick noisemakers, toypistols or
other devices in which paper caps containing twenty -five hundredths grains or less of explosive
compound or mixture are used, as defined by Section 791.01(4)(b) and 791.01(4)(c), Florida
Statutes, as may be amended.
Sec. 38 -82. Private use or display prohibited; Public displays authorized by permit only.
The private use or display of fireworks shall be strictly prohibited, unless otherwise provided
by law, within the city limits of the City of Cape Canaveral. Public displays of fireworks shall be
permitted within the city only upon the conditions specified in this article.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior 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.
City of Cape Canaveral
Ordinance No. 05 -2004
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(P 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.
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6th day of April, ,
2004. LIB
ROCKY RAN 'E LS, Mayor
ATTEST: For Against .
�' Bob Hoog _X__
Ci; 1 ' Steve Miller Absent
Jim Morgan Motion
Rocky Randels _X_
,/ / - ___ Richard Treverton Second
SUSAN' ILLS; City Clerk
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First Reading: March 16, 2004
Legal Ad published: March 26, 2004
Second Reading: April 6, 2004
Approved as to legal form and sufficiency for
the City of Ca e Canaveral only:
AN ONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No 05 -2004
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