5694-94 ORDINANCE i1
® 5694-94
AN ORD INANCE OF THE CITY C�i CLEARtA'i ER FLORIDA, ; RELATING TO THE F
RE
PREVENTION CODE f CREATING `SECTION 17.05, ;CODE ' OF ORDINANCES, TO REQU�RE
PERMITS FOR FIREWORKS DISPLAYS, ' PYROTECHNIC SPECIAL EFFECT DISPLAYS, AND
OPEN FIRES; ESTABLISHING A SCHEDULE OF FEES FOR SUCH PERMITS, AND REQUIRING
PROOF OF INSURAi°i6CE; DEFINING TERMS; AUTHORIZItNG THE CITY MANAGER, FIRE
CHIEF, OR FIRE IMIARSHAL TO SUSPEND SUCH ACTIVITIES CONDUCTED WITH6uf A
PERMIT; PROVIDING FOR ENFORCEMENT; PROVIDING AN EFFECTIVE, DATE.
WHEREAS the regu_,Pation and permitting of fireworks displays, pyrotechnic special
effect displays, and open fires creates additional costs 'to the Fire, Department, and the
City Commission finds that the recovery of such costs through permit fees is reasonable
to enable the Fire 'Department to continue providing services necessary to t o public
health, safety and welfare; and
WHEREAS,: firerork > displays and pyrotechnic special effec t displays, are inherently
hazardous to 'public: health and safety, and the City Commission finds that requiring
proof iof public liability and property damage insurance as provided herein' is reasonable
and Necessary; nova, ; therefore,,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sect on 1. Section 17.05, ,Code of Ordinances, is created to read
Sec. 17.06. Fir®eworks displays and open fires.
(1) Definitions. For the purposes of this section:
(a) "Fireworks display" means the use of fireworks as defined in section 791'.01,
Florida Statutes. The term does not include "class C devices" as that tern ils defined
by the Fire Marshal of .the State of Florida. Fn example of a class C 'device is the
device commonly known as a "sparkler," but the terry is not limited to sparkler-s.
(b) "Open fire" means the combustion of any matter outside of a building, except
fires kindled in a barb'ec:ue pit or grill , exterior fireplace, cookout device, or similar
out-of-doors- eat i n`g:or kook i'ng device,' and except for fires kindled for the instruction
of personnel in the; methods of fighting fires.
(c) Pyrotechnic material mea` ns a chemical mixtur e used in the entertainment
industry` to :produce visible or audible effects by combustion, deflagration, or
detonation. Such `a 'chemical mixture predominantly consists of solids capable of
producing a controlied ,, self-sustaining, and self:-contained exothermic chemical reaction
that results in heat, gas, sound, light,' or a combination of these effelsts. The
chemical reaction ,functions 'without external oxygen.
(d) "Pyrotechnic: special effect" means a special effect created through the use
of pyrotechnic material .
(2) Permit required.
(a;) No person shal i use fireworks in a fireworks display or pyrotechnic Material
in a. ovrotechnic special effect display, or permit a fireworks display or a pe&otechnic
spec ial eirfeC'C display €J;! tits Off' her property, without fit^gt obtaining a permit Tor 5"?cat
activity.
b
�,
No �.r
( � son si'!al 1 start or permit an :o en fire on his or here: ro art or
p � p p 1� y t
start an open ;fire on the property of others, without first obtaining a permit for such
activity.,
(3) Applicatio�n� for permit. A: permit required by this section shall be issued
by the fire chief upon the approval of an application for such permit and the payment
of the fee prescribed 'iin this section. , The application shall be made upon a form
provided by the fire ch=ief, which> sha11 require the name and address of the applicant,
the date and time of the proposed activity, the location of the proposed acti,Vity, the
name and address of any contractor engaged by the app Ii cant`to perform the act i>v ty, and
such other informaticnl,as the fire chief may reasonably require. For an application for
a permit for' a fi;reWorks display or a pyrotechnic special of°fact display, the
application shall be accompanied by a copy of 'a certificate of liability, insurance
naming the City of Clearwater 'as an additional insured under a policy providing not less
than $1 ,000,OOO.00 ` individual and aggregate public liability and oroper'ty damage
insurance coverage'for ,the activity.
(4) Fees: T;he a licatior� shall b�. accompanied b�f "payment of a fee ash follows:
pp p _ p y
Fireworks display $ 135.`00
Open fire 22.50
:
(5) The city manager, fire chief, ana fire marshal shall each 'have the authority
to take immediate action to suspend any: operation' for which a permit is required by this
section Aich is being conducted without a permit, or ' in violation of a ` term or
condition of 'a permit. A violation of any of the provisions of this section shall' be
punishable in county court as a civil infraction pursuant to section 1.12.
(5)' The city manager, f ire chief, and fire marshal shall each have the ��uthorit y
to require that a permitted fireworks display be monitored by emergency personnel' to
insure that the conditions of the permit are followed. When monitoring is required', the
applicant shall reimburse the fire department the actual cost incurred. '
Section 2. This c>rdinance shall take effect immediately upon adoptionli
PASSED ON FIRST READING October 17, 1994
PASSED ON SECOND' AND FINAL READING
AND ADOPTED November 3, 1994
t'
Rita Garve" L
Mayor-Commissioner
Approved as to form and Attest:
legal suffi iency:
AIL
Parela Akin Cynt is E. Goudeau
City' Attorney Uty lerk
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