HomeMy Public PortalAboutORD 07/01ORDINANCE NO. 07/01
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 26, OF THE TOWN
CODE OF ORDINANCES AT SECTION 26 -3 RELATING
TO DISCHARGE OF FIREARMS TO PROVIDING FOR THE
PROHIBITION OF FIREWORKS; PROVIDING FOR
PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 26, Offenses, Section 26 -3, Discharge of Firearms, to read as
follows:
"Sec. 26 -3. Fireworks.
(a) Manufacturing, storage, sale and use unlawful. It shall be
unlawful for any person, firm, partnership, corporation or entity to store,
manufacture, display, discharge, explode or use any fireworks or
pyrotechnic materials within the town except upon permit granted by the
town in accordance with the provisions of this Code.
(b) Definitions.
Fireworks shall mean and include any combustible or explosive
composition or any substance or combination of substances or article
prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration or detonation as defined by Florida
Statutes Chapter 791.
Pyrotechnic materials shall include, but are not limited to, chemical
mixtures used in the entertainment industry to produce visible, audible or
thermal effects by combustion, deflagration or detonation; flame effects
and /or similar devices not limited to batons or torches fueled by liquid,
solid or gaseous fuels; flame projectors which produce heat effects and /or
flames; flash powders composed of fuels and oxidizers; flares and similar
devices.
(c) Permit required. Any person, firm, partnership, corporation
or entity which wishes to display fireworks or use pyrotechnics within the
Town of Gulf Stream may do so only upon application approved by the
Town. Applications shall be made at least thirty (30) days in advance of
the date of the display requested on an application form provided by the
Town. No firework displays shall be permitted in the Town other than on
properties consisting of twenty acres or more under the ownership of a
single owner or entity. Permits shall be issued for firework displays only
between the hours of 6:30 p.m. and 9:30 p.m., except on December 31,
January 1 and July 4, when said times may be extended if authorized.
Displays of fireworks and the use of pyrotechnics, in order to be permitted,
shall comply with all rules and regulations promulgated by the Town from
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time to time, including, but not limited to, NFPA 1123 for fireworks and
NFPA 1126 for pyrotechnics. No fireworks or pyrotechnic displays shall
be permitted which are determined to be unsafe in the sole discretion of
the Town or the Town's designee.
In addition, before any permit for fireworks or pyrotechnics display
shall be issued, the following shall be provided:
1. A $1,000.00 non refundable fee is required at time of
application for a permit. Permits shall be non transferable.
(This application fee may be modified by resolution of the
Town Commission from time to time.)
2. A performance bond or similar security acceptable to the
Town naming the Town as beneficiary in the sum of
$5,000.00 to cover any costs incurred by the Town as a
result of the display, which costs are not otherwise
reimbursed by applicant. The amount of this bond may be
increased at the discretion of the Town or the Town's
designee upon a determination that a greater amount is
required as a result of the nature and size of the event.
3. Proof of financial responsibility to satisfy claims for damages
to property or personal injuries arising out of any act or
omission on the part of such person or any agent or
employee of the applicant in such amount, character and
form as the Town or the Town's designee determines to be
necessary for the protection of the public.
4. General liability insurance coverage with limits of liability no
less than $5,000,000 per occurrence. Said insurance policy
shall be issued by a company authorized to do business
under the laws of the State of Florida. A copy of the
certificate of insurance endorsing the Town of Gulf Stream
as additional insured under the general liability policy is
required..
5. A sufficient amount of money to compensate the Town for
any and all personnel deemed necessary by the Town or the
Town's designee required to standby and oversee the event
to insure public safety.
6. An acknowledgment that the applicant will abide by all rules
and regulations promulgated by the Town or the Town's
designee relating to the display.
7. Applications shall include, but not be limited to the following
information:
a. The name, address and telephone number of the
organization sponsoring the display, the supplier of
the fireworks, the operator (pyrotechnician) and all
assistants.
b. Copy of valid driver's license or other valid photo
identification for all operators and assistants.
Operators to be at least 21 years of age, assistants to
be at least 18 years of age.
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C. Any FAA approvals required to proceed with the
event.
d. References for the three most recent firework displays
of the operator.
e. The date and time of day at which the display is to be
held and the duration of time for such display.
f. The exact location for the display, event or
production.
g. A copy of a location site plan with the dimensions
indicating the exact location planned for the display
site and all grounds and facilities at which the event
will be held.
h. The size, type and description of displays of fireworks
and /or pyrotechnics. The type and number of
fireworks to be displayed, including for aerial displays
the size and number of each type of burst; and the
manner and place of storage of fireworks in the Town
prior to the display. Only aerial displays which are
ignited electronically will be allowed.
i. Signature of the sponsoring organization
representative, and operator (pyrotechnician).
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
K,
PASSED AND ADOPTED in a regular, adjourned session on first reading this
_ day of .Tune , 2007, and for a second and final reading on this 27th
day of July '2007.
AYO R
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