Ordinance No. 95-04-87ORDINANCE NO. 95-04-87
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 13 OFFENSES; BY CREATING A NEW SECTION 13-13 "REGULATION
OF FIREWORKS;" SETTING FORTH REGULATIONS FOR THE POSSESSION
OF FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING
ORDINANCES; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH.
Section 1. That a new Chapter 13, Section 13-13 "Regulation of fireworks" of the Code of
Ordinances of the City of Atlantic Beach, Florida, be created and shall henceforth read as
follows:
Section 13-13 Regulation of fireworks
(a) Definitions. For purposes of this section, the following defmitions will apply:
(1) Division -means the Division of the State Fire Marshal of the Department
of Financial Services.
(2) 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.
(3) 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, 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; but excludes
starter pistols and toy cannons used during organized sporting events and/or
city-approved parades or celebrations. For purposes of this section, the
definition of "Fireworks" does not include any item listed in Section
791.01(4) (b) & (c), Florida Statutes.
(4) 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.
~.~, (b) General regulations.
(1) Except as hereinafter provided, it shall be unlawful for any person, firm, co-
partnership, or corporation to possess, use, sell, or explode any fireworks
within the municipal boundaries of the City of Atlantic. Beach. Any fireworks
found as a result of a violation of this section will be confiscated and
destroyed.
(2) Sparklers as defined in this section aze exempt from the provisions of
subsection (b)(1).
(3) Notwithstanding the requirements of subsection (b)(1), the City of Atlantic
Beach has the authority to authorize the granting of permits for supervised
public displays of fireworks within the municipal boundaries of the City of
Atlantic Beach, as provided in Section 791.02(1), Florida Statutes.
(c) Penalty. Any person violating any provision of this section shall be guilty of an
offense punishable by a fine of fifty dollars ($50) per violation, payable within ten
(10) days of issuance of a citation at City Hall, located at 800 Seminole Road in
Atlantic Beach, Florida. A late fee often dollars ($10) shall be attached to any fine
not paid by the due date.
SECTION 2. That all other ordinances or parts of ordinances in conflict herewith be
3 and the same are, to the extent the same may be in conflict, hereby repealed.
SECTION 3. The Ordinance shall become effective immediately upon its final passage
and adoption.
Passed on First Reading this _~ day of/~l~ 2004
Passed on Second and Final Reading this
ATTEST:
Maur n King, C1vIC
City Clerk
Approved as to form and correctness:
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City rney