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 Gulf Stream
 Code of Ordinances
 Part II. CODE OF ORDINANCES
 Chapter 26. OFFENSES

  § 26-3. Fireworks.  

Latest version.

  • (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 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 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 $5,000,000.00 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.

    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).

(Code 1978, § 8-3; Ord. No. 07-01, § 1, 6-1-07)

State law reference

Fireworks, F.S. ch. 791.