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Ordinance 87-841ORDI NANC6 NO. 841 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE CODE OF ORDINANCES BY REVISING CHAPTER 11.5 (FIREWORKS DISPLAYS); PROVIDING FOR CONFLICTS, SEVE RAB ILITY AND EFFECTIVE DAT£ WHEREAS, the Ci[y Commission of the City of Longwood, Florida, has determined to at the display of fireworks within the City of Longwood require regulation to p[otect ene health, safety and welfare of all cvt vzens. THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: &€C234tl_l: Tn at Cnapte[ 11.5 of the Cade of Ordinances vs hereby amended to read as follows: Chapter 11.5 Sec. 11.5-1. DeEin itions As used throughout this Fireworks nispl ays Chapte[, the following definition of fi[ewo [ks will apply. Fi[ewo rk - a device Eo[ p[oducing a st[ik ing display (as of lig hi, noise, o[ smoke) by the combustion of explosive or flammable compositions especially fo[ exhibition, signaling, or illumination and typically consisting of a paper case containing combustible material (as <ha [coal, sulfur, o[ a metal powder(, an oxidizing agent (as a NI TAATE OR CHLORATE), and a metal salt as coloring agent iE color is desired. Sec. 11.5-2. Regulations for Fireworks Displays '~ 1. It shall be unlawful for any person to use oc explode any fireworks rn the City of Longwood, except that public displays wn icn are conducted rn accordance with Naeional Fire Prevention Association [ales and stanch [ds shall be permitted when a valid permit for such display has been issued by the Ciey. Every such use o[ display shall be handled by a certified, competent fireworks tecnn is ian approved by the Fire I1arshall and shall be of such a character and so located, discharged or fired so as not to be hazardous to property O[ endanger any person, said factors also to be apps oved by the Fire Macs hal 1. 2. Each use, display or discna rge of fireworks in the City of Longwood shall be attended by the City of Longwood Fice Department, with such equipment and personnel as are deemed ne cessa[y by the Fire Department to ensure the safety of the ORDINANCE N0. 041 0[dinance No. 841 Page 2 display. Tne cost of such attendance shall be born by the individual who has been issued the permit Eo[ the display. r 3. Applications Eo[ pe[mits for use o[ explosion o£ fireworks shall be made in wrrt ing at least 13 days in advance of the date of the display, and shall be accompanied by proof of ins u[ance fo[ Che event in an amount to be determined by the City Administrator. After such pe [mit has been issued, the use of Eirewoxks snail be lawful fo[ that purpose and on the permit sped Efed date(s) only. No pe [m it g[anted hereunder shall be transferable. Permit fees are as set forth in ggctian_2-1fi3 of the city coae. 4. No pe [mit shall be issued foi fiiewo [ks to be used, /~ displayed oc exploded on Sundays, except That fireworks may be pe [mitred on the 4th of July and on New Year's Eve and New Year's pay when those dates fall on Sunday. 5. No fireworks may be used, displayed or exploded after IO:oO p. m. or befo[e 7:00 a. m. except that on New Year's Day, prope [ly permitted £irewo rks may be used, displayed and exploded between 12:00 a. m. and 12:15 a. m. 6. special exceptions to Subsections 4 and 5 of this ordinance may be granted by the City Commission upon application [rt w[lt ing to the Commission, stating the times and/or dates desired foc the fi[eworks display, and setting fortn the facts r and crrcumstances justifying the exception. SE~TjgN_ 2: All ordinances or parts of ordinances rn herewith, be and the same are hereby repealed. SECTE4N 3: IE any section or portion of a section of this o[d inance proves to be invalid, unlawful or unconstitutional, it shall not be Held to vnv al idate or impair the validity, fo[ce or effect of any othe[ section of this ordinance. St1CTd4N__4: Effective Date. This o[d inance snail become effective immediately upon its passage and adoption. FxasT xeADxNC:_ _? _i9 ~`~ ____ ~ secoNO xeADxec:`~ V'~-.,/, 1?,_LP_$? PASSED AND ADOPTED THIS !!=K DAY OF ~~~jjj 'J~~'~~/] 1981 May ty ofd ATTESTI ~yK/C/let nnn e. co~ev nnorney ana eounseio~ ae ww eeinp ~a rious fireworks c ana c iea echn~~ia~e i oonniCal aef iii ~=o~eof oear~ se Fireworks f ora inanee, i aisco~area xnae xnes~ maae nyra orks expl os i.~eai ~ elv aepenaent ~po~ the a ofee{asn po,+aer e nea tthe icharge. The Soud ness o anyt pa rticular explosionta factor of, i addition t the f h ponder, the humidity ands topography o the 1 swhich the charge is expSOded, 1the opinion o experts, befngtt os ttd .1TFns, a pr oh ibiti on eo expl osionsmnould er -the-moment a alysis these f o determine iahether cha rgeaw udl dtbedl oudS.~T sd{ype of a alysis vould be extremely difficult to repuirc or to legislate. The o et hod of prohibiting ~ oud n olse' f d be tolprohibit a ceworke displays, as the ordinan erka <urren y in effect does,Ei n EwCOlby Acting City At orney