Ord 08-03ORDINANCE NO. 8-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLOR/DA, AMENDING
CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
96.25, "DISCHARGE OR USE OF FIREWORKS", TO
PROVIDE THAT THE USE OF PYROTECHNIC SPECIAL
EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES
INSIDE BUILDINGS OR OTHER ENCLOSED SPACES IS
PROHIBITED AND TO SPECIFY THE REQUIREMENTS
FOR OUTDOOR FIREWORKS DISPLAYS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the prohibition of pyrotechnic
special effects, flame effects or similar devices inside buildings, tents or other enclosed spaces
promotes the health, safety and welfare of the residents of Delray Beach; and
WHEREAS, the City Commission has also determined that it promotes the health, safety
and welfare of the residents of Delray Beach to provide for certain requirements regarding outdoor
fireworks displays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLOR/DA, AS FOIJ.OWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.25,
"Discharge or Use of Fireworks", of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is hereby amended to read as follows:
Section 96.25 DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES
AND SPECIAL EFFECTS.
The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles or other
fireworks or substances designed and intended for pyrotechnic display, and of pistols, canes,
cannons or other appliances, using blank cartridges or caps containing chlorate or potash mixture, is
prohibited. The use of pyrotechnic special effects, flame effects and/or similar devices inside
building, tents, structures and/or other enclosed spaces is prohibited. Flame effects include, but
are not limited to, batons, and{or torches fueled by liquid, solid or gaseous fuels; flame projectors
which produce heat effects and/or flames; flash powders composed of fuel(s) and oxidizer(s); flares
and similar devices. Pyrotechnic special effects include, but are not limited to, chemical mixtures
used in the entertainment industry to produce visible, audible or thermal effects by combustion,
deflagrafion or detonation. However, this section shall not prohibit public
outdoor fireworks/pyrotechnic displays where the permission of the City Manager has been
obtained, and for which a permit has been obtained from the Fire-Rescue Department, all financial
bond requirements established by the City have been satisfied, and other prescribed safety
requirements have been met.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED/.~?D .~DOPTED in regular session on second and final reading on this the
day of (~ 2003.
ATTEST:
City Clerk
First Reading~
Second Reading~,/,~
2 ORD NO. 8-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~)% - REGULAR MEETING OF APRIL .1,5, 2003
ORDINAN(;E NO. 8-03 (AMENDING CHAPTER 96 "FIRE SAFETY AND
EMERGENCY SERVICES")
DATE: APRII. 11, 2003
This ordinance is before Commission for second reading and public heating to amend Chapter 96
"Fire Safety and Emergency Services" of the Code of Ordinances by amending Section 96.25,
"Discharge or Use of Fireworks". Ordinance No. 8-03 prohibits the use of pyrotechnic special
effects, flame effects, or similar devices inside of buildings or other enclosed spaces; and specifies the
requirements for outdoor fireworks displays.
At the first reading on March 18, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 8-03 on second and final reading.
S:\City Cletk\chevelle folder\agenda memo. Ord 8.03Fa~vorks.4.15.03.doc
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CITY ATTORNEY'S OFFICE ~00 $,,, ,~, ^,',~$,~,,. ,~,~,~,~^',' ,,,~^~,,. ,~,~0,~,,~^ ~,~,~,
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: March 12, 2003
Writer's D~rect Line: 561/243-7091
MEMORANDUM
TO:
FROM:
David Harden, City..Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Changes to Section 96.25 of the Code of Ordinances
The Fire Department has proposed changes to Section 96.25 of the Code of
Ordinances regarding fireworks, pyrotechnic devices and special effects. The
proposed changes prohibit the use of pyrotechnic special effects, flame effects
and/or similar devices inside any building, tent, structure, or other enclosed space.
Another proposed change also provides that for public outdoor fireworks displays
a permit from the Fire Department must be obtained and all financial bond and
safety requirements must be met.
If this ordinance meets with your approval please place it on the March 18, 2003
City Commission agenda. Please call if you have any questions.
Attachment
CC:
Barbara Gadto, City Clerk
Kerry Koen, Fire Chief
ORDINANCE NO. 8-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF3,RAY BEACH, FLORIDA, AMENDING
CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
96.25, "DISCHARGE OR USE OF FIREWORKS", TO
PROVIDE THAT THE USE OF PYROTECHNIC SPECIAL
EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES
INSIDE BUILDINGS OR OTHER ENCLOSED SPACES IS
PROHIBITED AND TO SPECIFY THE REQUIREMENTS
FOR OUTDOOR FIREWORKS DISPLAYS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the prohibition of pyrotechnic
speci,! effects, flame effects or similar devices inside buildings, tents or other enclosed spaces
promotes the health, safety and welfare of the residents of Dekay Beach; and
WHEREAS, the City Commission has also determined that it promotes the health, safety
and welfare of the residents of Delray Beach to provide for certain requirements regarding outdoor
fireworks displays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.25,
"Discharge or Use of Fireworks", of the Code of Ordinances of the City of Delxay Beach, Florida,
be and the same is hereby amended to read as follows:
Section 96.25 DISCHARGE OR USE OF FIREWORKS~ PYROTECHNIC DEVICES
AND SPE(~IAL EFFECTS.
The discharge, fixing or use of firecrackers, rockets, torpedoes, Roman candles or other
fireworks or substances designed and intended for pyrotechnic display, and of pistols, canes,
cannons or other appliances, using blank cartridges or caps containing chlorate or potash mixture, is
prohibited. The use of pyrotechnic special effects, flame effects and/or similar devices inside
building, tents, structures and/or other enclosed spaces is prohibited. Flame effects include, but
are not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels: flame projectors
which produce heat effects and/or flames; flash powders composed of fuel(s) and oxidizer(s): flares
and similar devices. Pyrotechnic special effects include, but are not limited to, chemical mixtures
used in the entertainment industry, to produce visible, audible or thermal effects by combustion.
deflaeration or detonation. However, this section shall not prohibit public
outdoor fireworks/pyrotechnic displays where the permission of the City Manager has been
obtained, and for which a permit has been obtained from the Fire-Rescue Department, all financial
bond requirements established by the City have been satisfied, and other prescribed safety
requirements have been met.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such derision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 2003.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 8-03
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