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8075-09 . ... f " ORDINANCE NO. 8075-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FIREWORKS DISPLAYS; AMENDING SUBSECTION (2)(A) OF SECTION 17.06, CLEARWATER CODE OF ORDINANCES, TO PROHIBIT THE ISSUANCE OF PERMITS ON SPECIFIED AREAS OF CLEARWATER BEACH DURING SPECIFIED TIMES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council heard evidence at its meeting on May 7,2009, from the Clearwater Audubon that human activities, such as fireworks displays, have an adverse affect on the nesting of shore birds on the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by prohibiting the issuance of permits to conduct a fireworks display or a pyrotechnic special effect display during the breeding season of shore birds; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Subsection (2)(a) of Section 17.06, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 17.06. Fireworks displays and open fires. *************** (2) Permit required per the Florida Fire Prevention Code. (a) No person shall use, possess, store, manufacture, sell, or discharge fireworks within the jurisdiction in violation with F.S. 791. A permit for fireworks display or a pyrotechnic special effect display, must first be obtained prior to commencing such activity in accordance with the applicable NFPA Standard. except that no permit shall be issued from Februarv 1st throuah AUQust 31st for any display on the publicly owned beach abuttinQ the Gulf of Mexico from the boundarv of Somerset Street to the northern most boundarv of Clearwater Beach. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING June 4, 2009 PASSED ON SECOND AND FINAL READING AND ADOPTED June 18, 2009 Ordinance No. 8075-09 . " J~tY~ Frank V. Hibbard Mayor Approved as to form: Attest: R~ 2 Ordinance No. 8075-09