Exh 3DAGENDA ITEM #3D
JULY 28, 2003
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Fireworks Discussion
DATE: July 21, 2003
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SUBMITTED BY: David E. Thompson, Chief ofPolice/DPS
BACKGROUND:
At the July 14, 2003 City Commission meeting, questions arose relative to fireworks. It
was recognized that "illegal" fireworks appear to be easy to obtain, and enforcement
appeazs to be ineffective. The following information is being provided to identify the
issues and challenges that exist relative to the enforcement of law restricting the sale of
fireworks in Florida.
Florida State Statute 791 regulates the sale of fireworks. For the most part, individual
citizens are restricted to purchasing spazklers. Fireworks that fly and/or explode, aze
prohibited by law.
However, there aze exceptions in the state law, including a provision that allows an
individual citizen to purchase "higher powered" fireworks if the intended use is for
.agricultural pest control. To take advantage of this exception, fireworks dealers have a
form that is completed and signed by customers when they purchase these fireworks.
The form simply states that the fireworks are going to be used for pest control. This
"loophole" allows dealers to sell fireworks that would otherwise be illegal.
In Atlantic Beach, the requirements for business licenses aze strict enough to prevent
vendors from setting up tents in pazking lots to sell fireworks. However, it is obvious that
"illegal fireworks" can easily be obtained from sources nearby. Since Atlantic Beach has
no control over other jurisdictions in the area, the availability is not likely to be changed .
with any local legislation.
Strict law enforcement is not feasible under the existing circumstances. On occasions
such as the 4`h of July,. the number of people engaged in setting off illegal fireworks is
overwhelming. The Police Department does not have the manpower or facilities to
effectively investigate and charge the numerous offenders engaged in this behavior:
What can be done?
If the City Commission would like. to pursue the significant reduction or elimination of
this illegal behavior, then it appeazs that amending the state statutes is the first step to
achieving these goals. When the "loopholes" have been eliminated, then the supply will
be reduced to a manageable level, and enforcement will be feasible.
AGENDA ITEM #3D
JULY 28, 2003
BUDGET: None
RECOMMENDATIONS: None
ATTAC$MENTS: State Media Releases Relative to Fireworks
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
FL DOI Media Release -July 1, 2002 AGENDA ITED4 #3D
JULY 28, 2003
MEDIA RELEASE:
July 1, 2002
GALLAGHER: CELEBRATE THE FOURTH OF JULY SAFELY
TALLAHASSEE -Floridians will be gathering this week in back yards and at the beaches to
celebrate the. Fourth of July. For many, fireworks are part of the fun, but Florida Treasurer and State
Fire Marshal Tom Gallagher warns fireworks should be left to professionals.
in Florida, only sparklers are legal for nonprofessionals to use. Every year, the Division of State Fire
Marshal posts a list of more than 1,000 legal sparklers, and this year more than 218 new products
were submitted for testing. More than 196 were approved for addition to the list.
"Where fireworks are concerned, it can take only a few seconds for a tragedy to occur," Gallagher
said.
The U.S. Consumer Product Safety Commission. estimates that in the year 2000 about 11,000
people were treated in hospital emergency rooms for fireworks-related injuries. Half of those
reported injured were children 14 years and younger. The most common injuries were to the hands,
face and eyes. Ten people were reported to have died from their injuries.
Gallagher said a key to safety is: if it launches or explodes, it is illegal. Illegal fireworks include
shells and mortars, multiple tube devices, Roman candles, rockets and firecrackers. Also,. Gallagher
said, do not sign a "waiver" to buy fireworks. A waiver will not clear you of responsibility should. you
be caught using them:
Sparklers also carry a risk of injury. When lit, some sparklers can reach temperatures between
1,300 and 1,800 degrees, more than 200 degrees hotter than a butane lighter
Here are some other safety tips to keep in mind:
• Use sparklers and other legal novelties on a flat, hard surface. Do not
IigM them on grass.
• Use in an open area. Keep children and pets at least 30 feet from
fireworks.
Light only one item at a time.
• Never attempt to re-light a "dud:'
• Do not use any items that are not wrapped or may have been tampered
with.
• Have a fire extinguisher, hose or bucket of water handy for
emergencies. Drop spent sparklers in the bucket of water.
• Do not leave a burning barbecue grill unattended.
• If it takes less than 30 seconds to hear thunder after seeing lightning,
move indoors and stay there for at least 30 minutes.
To see the 2002 list of legal sparklers, visit the Department of Insurance web site at www.fldfs.com
<http://www.fkifs.com> and follow the prompts for the Division of State Fire Marshal
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hrip://www.fldfs.com/consumers/alertslpress/2002/pr070102.htm 7/2 112 0 0 3
MEDIA RELEASE AGENDA ITEM #3D
JULY 28, 2003
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NELSON URGES CAUTION THIS FOURTH OF JULY HOLIDAY
TALLAHASSEE -State Fire Marshal Bill Nelson is cautioning residents to use extra care during upcoming
July 4th celebrations and urging local fire departments and law enforcement to be especially watchful for violators
of state and local restrictions on fireworks and burning.
Due to severe drought conditions, a number of counties and cities throughout the state have imposed. bans on
burning and, in some cases, on the sale and use of fireworks. Nelson is urging Floridians to not only obey all bans
but to use common sense to avoid unnecessary risks.
"More than 3,000 wildfires have occurred already this year," said Nelson, who also serves as state treasurer
and insurance commissioner. "With little rain relief in sight, it's going to take a conscious effort on everyone's part
to protect the lives and property of our citizens."
In a memorandum sent today to fire service and law enforcement personnel throughout the state, Nelson urged
local fire departments and law enforcement agencies to take "seriously all calls for service dealing with illegal
fireworks or illegal burning" State officials have banned outdoor burning in Florida, but have not yet imposed a
statewide ban on fireworks.
Even where there is no local ban on all fireworks, residents need to be aware that any fireworks that explode or
launch are illegal, except in regulated public displays. That includes the ever-popular firecracker and bottle rocket.
For consumers, state law makes an exception only for sparklers -hand-held, ground-based items that emit only
showers of sparks upon burning.
A full list of this year's legal sparklers is provided on the department's web site at www.fldfs.com. Follow the
links for the Office of State Fire Marshal, which annually tests sparklers for safety and then lists those items that
meet statutory and safety requirements.
According to the National Center for Injury Prevention and Control, malfunction and careless use of fireworks
resulted in 8,500 injuries in 1998, the last year for which data is available.
Florida law provides exceptions for the use of otherwise illegal fireworks, but only for limited agricultural
purposes. Vendors will ask buyers to sign a document attesting that they intend to use the fireworks for legal
purposes. Anyone caught using fireworks illegally can face a misdemeanor charge. Any:vendor caught selling
fireworks during a ban on their sale faces similar penalties.
If a child comes home with illegal fireworks, parents are advised to immerse them in water, soak them fully, and
then throw them away.
"The best holiday always is a safe one," Nelson said. "Don't risk your safety or that of your family or neighbors.
Take advantage of any public fireworks displaysthat may be scheduled in your community."
Unless there is a ban in effect; anyone using sparklers should follow these safety tips:.
~ Don't try to make or aRer products at home or buy kits advertised for such a purpose. Doing so
could cause serious -even fatal -injuries.
c Look fog reliable, licensed dealers.
a Set up your display outdoors and well away from onlookers, pets, cars, buildings. and flammable
materials.
o Light only one sparkler at a time on a smooth, flat surtace, and don't try to re-light duds.
o Keep a bucket of water on hand for dousing, and properly dispose of used products.
o Don't carry sparklers around in your pocket or light them in glass containers.
~ Never hand sparklers to immature children or toddlers.
o Store any unused products in a dry, cool spot.
http://www.fldfs.com/consumers/alerts/press/2000/pr061600.htm 7/21/2003