Subject:
Title
Ordinance amending Article IV, Chapter 62, of the Pinellas County Code of Ordinances, entitled Fireworks.
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Recommended Action:
Recommended Action
Approval of the ordinance amending Article IV, Chapter 62, of the Pinellas County Code of Ordinances, entitled Fireworks.
• Amend use and display regulations to align with the intent of state statutes, permitting general consumer use on designated holidays (New Year’s Eve, New Year’s Day, and the Fourth of July).
• Amend and eliminate permit requirements for residential consumer use during designated holidays.
• Amend definitions to remove outdated terminology and unactionable penalties.
• Amend use of fireworks to ensure consistency with local ordinances.
• This has no fiscal impact on Pinellas County as consumer permits were not previously obtained or enforced for the designated holidays.
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Strategic Priorities:
Healthy and Safe Communities
2.2 Enhance community safety
Summary:
Summary
The proposed updates bridge the gap between Pinellas County ordinance and state statute regulating the use of fireworks during designated holidays. Specifically, to consumer use on 4th of July, New Year’s Eve, and New Years Day. Additionally, these amendments remove the current requirement of permits for consumer and residential use to detonate fireworks during designated holidays.
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Background Information:
The proposed updates intend to bring Pinellas County ordinance into alignment with the intent of Florida Statute Chapter 791, specifically governing use of fireworks. The primary objective is to modernize local ordinance to reflect the intent in the state-mandated allowance for fireworks and ensure regional consistency.
Historically, Pinellas County has maintained strict prohibitions on the use of fireworks, requiring a permit for consumer use during traditional holidays. However, Florida Statute § 791.08 provides a "safe harbor" for the use of fireworks on the following three days:
• Independence Day (July 4)
• New Year’s Eve (December 31)
• New Year’s Day (January 1)
While local governments continue to retain the right to regulate fireworks use, the state statute intends to allow their use by consumers during the designated holidays.
Pinellas County will continue to require permits for the sale a fireworks year-round, as well as for use for commercial displays, and consumer use outside of the designated holidays.
Aligning Pinellas County code with the intent of the Florida Statutes ensures that our citizens can use fireworks on designated holidays and provides enforcement clarity necessary to distinguish between permissible holiday celebrations and unpermitted firework usage throughout the year.
Fiscal Impact:
No fiscal impact. Consumer permits were not previously being obtained or enforced for the designated holidays.
Staff Member Responsible:
Jude Reazin, Housing Official, Pinellas County Code Enforcement Division
Patrick Allman, Pinellas County Attorney’s Office
Partners:
N/A
Attachments:
Ordinance - Clean
Ordinance - Redline
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