BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Ordinance No. 581 AN ORDINANCE RELATING TO ARTICLE VI, FIREWORKS, CHAP- TER 15, FIRE PREVENTION AND PROTECTION, OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA; AMENDING SECTION 15-38, PROVIDING FOR PROHIBITIONS ON THE SALE OR USE OF FIREWORKS AND SPARKLERS; AMENDING PARAGRAPH (B), DELETING PARAGRAPH (D), AND PROVIDING ADDITIONAL PARAGRAPHS (I) THROUGH (K); AMENDING SECTION 15-39, PARAGRAPHS (B), (C) AND (D) AND ADDING PARAGRAPH (E); PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; APPLICABILITY; FILING WITH THE DEPART- MENT OF STATE; PROVIDING AN EFFECTIVE DATE; PENALTIES AND CODIFICATION. WHEREAS, the Board of County Commissioners of Martin County is authorized by Chapter 125, Florida Statutes, to adopt ordinances for the purpose of fire protection; and WHEREAS, the Board has determined that it is necessary to amend Chapter 15, Fire Prevention and Protection Code of Laws and Ordinances of Martin County; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF MARTIN COUNTY, FLORIDA THAT: PART I. AMENDMENT OF ARTICLE VI, FIREWORKS OF CHAPTER 15, FIRE PREVENTION AND PROTECTION, OF THE CODE OF LAWS AND ORDI- NANCES OF MARTIN COUNTY. Article VI. is hereby amended as follows: ARTICLE VI. FIREWORKS Sec. 15-38. Definitions (a) Fireworks shall mean and include any combustible or explosive composition, or any substance or combination of substances, or any article prepared for the purpose of producing a visible and audible effect by combustion, explosion, deflagration, detonation, or shower of sparks, including but not limited to firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, aerial spinners, and other devices of like construction, any
devices containing any explosive or flammable compound, and any tablets or other article containing an explosive substance. (b) Fireworks shall not include auto flares, emergency signalling devices, sparklers, toy paper caps containing not in excess of twenty-five hundreths (25/100) grain of explosive content per cap; toy pistols, toy canes, and toy guns designed to use these caps; novelty and trick noisemakers; as defined by the National Fire Protection Association and those items tested and approved as sparklers and listed as such by the State Fire Marshal s annual listing. The sale and use of these items shall be permitted at all times. (Ord. No. 290, Part 1, 3-11-86; Ord. No. 547, Part 1, 6-15-99)) (c) BCC means Martin County Board of County Commissioners. (d) Dry Season means the time of year when atmospheric conditions or local circumstances makes outdoor fires hazardous as determined by the Emergency Services Director or his designee. (e) Retailer means any person engaged in the business of selling sparklers to consumers at retail. (f) Seasonal Retailer means any person engaged in the business of selling sparklers at retail in Martin County from June 20 through July 5 and from December 10 through January 2 of each year. (g) Sparkler means any device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld 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 of State Fire Marshal is classified as fireworks. (h) Wholesaler means any person engaged in the business of selling sparklers to a retailer. (i) Building - Shall mean a permanent structure containing no fewer than four (4) outer walls and a roof enclosing said walls, constructed in accordance with the local building code and a duly issued building permit, and for which occupancy is authorized by a duly issued certificate of occupancy. For purposes of this section, the term building shall also include a part of the structure, such as a unit or space within a shopping center. (j) Commercial Structure or Building - Shall mean a building constructed and used for the purpose of producing income. For purposes of this section, the term commercial building shall not include a building designed, constructed, and used in accordance with the laws for residential occupancy. (k) NFPA - National Fire Protection Association
(l) Occupancy - The purpose for which a building or portion thereof is used or intended to be used. Sec. 15-39. Manufacture, sale and use of fireworks. (a) The manufacture of fireworks in Martin County is prohibited. (b) Except as herein provided, it shall be unlawful for any person, firm, co-partnership or corporation to sell, offer for sale, expose for sale, advertise, or sell at retail any fireworks in Martin County. (c) It shall be unlawful for any person to possess, use or explode any fireworks at any public assembly approved by in Martin County, unless such use is authorized approved and authorized by Martin County. (Ord. No. 290, Part 1, 3-11-86; Ord. No. 547, Part 1, 6-15-99) (d) A registered wholesaler, properly licensed and registered with the State Fire Marshal and Martin County at the time of sale, may sell fireworks as provided in State Law and as further provided herein. It shall be unlawful for any person, firm, partnership, co-partnership, or corporation to sell, offer for sale or advertise for sale any fireworks unless the seller is a registered wholesaler listed with the State Fire Marshal pursuant to Florida Statute 791.04. Wholesale business shall not be conducted at temporary sites or under provisions in this code for a seasonal retailer. Consumers who represent themselves as performing activities which are exempt from the law for purchasing fireworks shall display credentials to the wholesaler which identifies their activities or such sale shall be denied. Any wholesaler who violates this section shall forfeit the wholesaler s permit and any illegally sold goods shall be seized and disposed of in accordance with Section 15-40. (e) The authorized sale of fireworks may only be made on lands zoned commercial or industrial and only from a permanent commercial building. Such building shall be protected with automatic fire sprinklers and fire alarms in accordance with the appropriate NFPA standards for such occupancy hazard. It shall be unlawful to sell fireworks from tents, open air stands or under a canopy. Sec. 15-40. Seizure and disposal of fireworks. (a) The sheriff of Martin County and his deputies shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article. (b) In the interest of public safety and due to the dangers associated with the storage of fireworks, any official seizing illegal fireworks shall arrange for the proper disposal and
destruction of said fireworks as soon as possible after their seizure. (Ord. No. 290, Part 1, 3-11-86; Ord. No. 547, Part 1, 6-15-99) Sec. 15-41. Enforcement. The sheriff of Martin County and his deputies shall be responsible for the enforcement of this article. (Ord. No. 290, Part 1, 3-11-86; Ord. No. 547, Part 1, 6-15-99) PART II. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section 125.69, FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. PART III. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated area of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superceded by this ordinance to the extent of such conflict. PART IV. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance, such holding shall not affect its applicability to any other person, property or circumstances. PART V. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated area of Martin County. PART VI. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, 401 South Monroe Street, Elliott Building, Tallahassee, Florida 32399-0250. PART VII. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART VIII. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word ordinance may be changed to section, article or other word, and the sections of this
ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts II to VIII shall not be codified. DULY PASSED AND ADOPTED THIS 5TH DAY OF DECEMBER, 2000. ATTEST: ERS BOARD OF COUNTY COMMISSION- MARTIN COUNTY, FLORIDA MARSHA EWING, CLERK MAN APPROVED AS TO FORM AND CORRECTNESS: DENNIS H. ARMSTRONG, CHAIR- - KRISTA A. STOREY ACTING COUNTY ATTORNEY