HomeMy WebLinkAboutOrdinance No. 01-1989ORDINANCE NO. 1 -89
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
ESTABLISHING CHAPTER 602, FIREWORKS
REGULATIONS, OF THE CODE OF ORDI-
NANCES; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, it is the intent of the City of Cape Canaveral to
ban the ignition or explosion of fireworks and explosive
compounds as defined in Florida Statute 791.01(4)(a); and
WHEREAS, it is for the benefit of the public safety and
welfare that such fireworks and explosive compounds be regulated;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Chapter 602, Fireworks Regulations, of the Code
of Ordinances is hereby established as follows:
CHAPTER 602
FIREWORKS REGULATIONS
Sec. 602.01 Definitions. For the purposes of this
Chapter, the following words and phrases shall have the
following meanings:
Explosive Compounds 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.
Fireworks means and includes any combustible or
explosive composition or substance or combination of
substances or, except as herein after provided, any
article prepared for the purpose of producing a visible
or audible effect by combustion, explosion, deflagra-
tion 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 boms, and any fireworks containing any
explosives or flammable compound or any tablets or
other device containing any explosive substance.
A. Fireworks does not include sparklers approved by
the Division of the State Fire Marshal of the Depart-
ment of Insurance pursuant to §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.
B. Fireworks also does not include the following
novelties and trick noisemakers:
ORDINANCE NO. 1 -89
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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
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, produc-
ing 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 composi-
tion 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 pyrotech-
nic 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.
Sec. 602.03 Ignition or Explosion of Fireworks
Prohibited. It shall be unlawful to ignite or explode
any fireworks or explosive compound as defined in this
Chapter within the City limits of the City of Cape
Canaveral.
Sec. 602.05 Exceptions. The provision of this
Chapter shall not apply to the City of Cape Canaveral,
or its agents, when staging fireworks displays for the
enjoyment of the public.
ORDINANCE NO. 1 -89
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Sec. 602.07 Penalty. Any person violating any of
the provisions of this Chapter shall be punished as
provided in Section 801.05.
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 21st day of February
1
, 1989.
NAME
YES'
NO
HOOG
X
KIDD
X
MILLER
X
RANDELS
X
SALAMONE
X
First Reading
Posted:
Advertised:
Second Reading:
1 -17 -89
1 -19 -89
1 -26 -89
2 -7 -89
ORDINANCE NO. 1 -89
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