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HomeMy WebLinkAboutOrdinance No. 03-1993ORDINANCE NO. 03 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 602, FIREWORKS REGULATIONS, OF THE CITY CODE OF ORDINANCES; AUTHORIZING CERTAIN PUBLIC DISPLAYS OF FIREWORKS; PROVIDING FOR THE APPLICATION OF A PERMIT FOR A PUBLIC DISPLAY OF FIREWORKS; PROVIDING FOR THE INVESTIGATION OF THE APPLICANT AND ISSUANCE OR DENIAL OF A PERMIT; PROVIDING FOR THE APPROVAL OF OPERATORS; PROVIDING FOR INSURANCE; PROVIDING FOR THE STORAGE OF MATERIALS; PROHIBITING HAZARDOUS OR DANGEROUS DISPLAYS; PROVIDING FOR ATTENDING FIREMEN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: SECTION 1. Chapter 602, Firework Regulations, of the City Code of Ordinances is hereby repealed in its entirety and reenacted as follows: CHAPTER 602 FIREWORK REGULATIONS Sec. 602.01 Definitions. For purposes of this Chapter, "fireworks" shall have the meaning and be subject to the exceptions and exclusions provided in Section 791.01, Florida Statutes, or any successor statute. Sec. 602.03 Public Displays Authorized. Public displays of fireworks shall be permitted within the City only upon the conditions specified in this Chapter. Sec. 602.05 Application for Permit; Fee. Any natural person, firm, partnership, or association or other entity planning to make a public display of fireworks shall first make written application for a permit to the City Treasurer at least thirty (30) days in advance of time of the proposed display. The fee for the City permit shall be $ 50.00 plus the cost of the firefighter(s) required under Sec. 602.15. Sec. 602.07 Investigation of Applicant; Issuance or Denial of Permit. It shall be the duty of the Fire Chief to make an investigation as to whether the public display as proposed by the applicant for a permit pursuant to this Chapter shall be of such a character, and so located, discharged or fired, as in the opinion of the Fire Chief, after proper inspection of the Fire Chief, shall not be hazardous to property or endanger any person. The Fire Chief shall inform the City Treasurer of the results of his investigation. The Fire Chief may require the applicant for the permit to make such changes in the character, location and method of discharging and firing as deemed by the Fire Chief to be in the interest of public safety as a condition to approving the permit application. The permit shall be for a period of time designated on the permit, but shall be for not more than the one (1) day intended for the public display or a date to which the display is postponed because of inclement weather conditions. The permit shall be non - transferable. In the event the application is denied by the Fire Chief, he shall notify the applicant of the denial in writing. No public display of fireworks shall be of such a character and City of Cape Canaveral, Florida Ordinance No. 03 -93 Page 2 so located, discharged, or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the Fire Chief after proper inspection of the public property. Sec. 602.09 Operators. The person or persons handling the display of the fireworks pursuant to this Chapter shall be competent persons over the age of 18 years and experienced pyrotechnic operators approved by the Fire Chief and the Chief of Police or the Brevard County Sheriff's precinct supervisor for the City, as the case may be. No person not approved by the Fire Chief and Chief of Police or the precinct supervisor shall handle fireworks at the public display. The names of the approved operators shall be designated on the permit issued. Sec. 602.11 Insurance. The applicant for a public display permit shall, at the time of making application, furnish proof that the applicant carries worker's compensation insurance for applicant's employees as provided by the laws of the State of Florida, and the applicant shall file with the City Clerk a Certificate of Insurance evidencing the carrying of public liability insurance in an amount not less than $1,000,000.00 per occurrence and $3,000,000.00 aggregate issued by an insurance carrier authorized to transact business in the State of Florida for the benefit of the person named therein as insured, with the City named as an additional insured, as evidence of the ability to respond for damages which may result from or be attributable to the public display. The insurance policy shall be approved by the City Manager. Sec. 602.13 Storage of Materials. The material to be used for the public display authorized by this Chapter shall not be stored within the City, but shall be brought in on the day of the public display and taken immediately to the place of display. Sec. 602.15 Attending Firefighters. For each public display of fireworks pursuant to this Chapter, not less than one (1) firefighter of the City shall be in attendance during the display. Expense of such firefighter at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for permit based on the average hourly rate of a firefighter and the number of hours specified in the permit. SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 03 -93 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of March ATTEST: 1993. Faith.` Appro CLERK Joh >& T ATTORNEY 1 Salamone, MAYOR First Reading 3/2/93 Posted: 3/3/93 Advertised: 3/6/93 Second Rteadiv 3/16/93 NO