2023-01-03 VI. A. Exhibit 1 Exhibit 1
01/03/2023
ORDINANCE NO. 1270
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA RELATING TO THE REGULATION
OF FIREWORKS, AMENDING PART II THE CODE OF
ORDINANCES OF THE CITY OF OKEECHOBEE AT CHAPTER
14 BUSINESSES BY SPECIFICALLY AMENDING SECTION 14-
173 FIREWORKS; AMENDING AT CHAPTER 30,
ENVIRONMENT, SPECIFICALLY AMENDING SECTION 30-43
PUBLIC NUISANCES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2020, the State of Florida enacted Florida Statutes Section 791.08
relating to the discharge of fireworks; and
WHEREAS, a number of local governments, including the City of Okeechobee
("City"), are updating their fireworks related ordinances in response the
enactment of Florida Statutes Section 791.08; and
WHEREAS, the City Council finds that this Ordinance promotes the public health,
safety and welfare of its citizens and inhabitants of the City, pursuant to Article
VI II, Section 1(g), Florida Constitution.
NOW, THEREFORE, be it ordained before the City Council of the City of
Okeechobee, Florida; presented at a duly advertised public meeting; and
passed by majority vote of the City Council; and properly executed by the
Mayor or designee, as Chief Presiding Officer for the City; that:
SECTION 1: RECITALS.
The foregoing "WHEREAS" clauses are ratified and confirmed as being true
and correct and are made a specific part of this Ordinance.
SECTION 2: AMENDMENT TO CHAPTER 14 BUSINESSES
That Section 14-173 Fireworks of Part II of the City Code of Ordinances within
Chapter 14 Businesses, Article IV Peddlers and Solicitors, Division 3
Miscellaneous Offenses is hereby amended to read as follows:
(a) It shall be unlawful to sell or offer or expose for sale any firecrackers, fireworks,
toy pistols, or explosives for use in making noise or a display as defined in F.S.
§791.01, or to shoot off, explode or use any firecrackers, toy pistols, or other
explosives fireworks, sparklers, or other similar devices as defined in F.S.
§791.01.
(b) The shooting of fireworks, sparklers, toy pistols, toy canes, toy quns, or other
similar devices are not permitted in the City other than New Year's Eve, New
Year's Day, and Independence Day, in connection with a community wide
celebration such as the Fourth of July is
has been obtained from the-city-council and arrangements made for the display
for. However, this Section shall not prohibit public outdoor fireworks displays
where the permission of the City Administrator has been obtained, and for
which a permit has been obtained from the Police Department and
Okeechobee County Fire and Rescue, all financial bond requirements 1t 0- i0Y1k
established by the City have been satisfied, and other prescribed safety uv`.6w-„
requirements have been met.
Ordinance No. 1270, Page 1 of 3
If applicable,language to be added is underlined.
If applicable,language to be deleted is struck through
(c) The shooting of private outdoor fireworks may occur on New Year's Eve, New
Year's Day beginning at 1pm New Year's Eve and ending 1 am New Year's
Day and also between the hours of 11 am to 11pm on New Year's Day, and
Independence Day between the hours of 11am and 11pm. where the
permission of the City Administrator has been obtained, and for which a permit
has been obtained from the Police Department and Okeechobee County Fire
and Rescue, all financial bond requirements established by the City have been
satisfied, and other prescribed safety requirements have been met.
(d) Provisions of this article may be enforced by the City as a code violation, or
may be enforced by the Police Department as an offense, pursuant to F.S.
162.22 or when a problem is caused. A problem may exist when fireworks are
set off 25 feet or less from an adjoining single residence. A. roblem may occur
when fireworks are being set off near vegetation or foreste areas that could
potentially cause an undue fire hazard.
•Ny'\' ‘' V".
SECTION 3: AMENDMENT TO CHAPTER 30 ENVIRONMENT
That paragraph (a) in Section 30-43 Public Nuisances of Part II of the City
Code of Ordinances within Chapter 30 Environment, Article II Nuisances, is
hereby amended to read as follows:
(a) "Public nuisance" as defined in this section, means the unauthorized
shooting of fireworks, existence of excessive accumulation of litter or
untended vegetation, garbage, weeds, or other dead or living plant life;
or places holding stagnant water, and all other objectionable, unsightly
or unsanitary matter upon any lot, track of land within the city, whether
uncovered or under shelter, to the extent and in the manner that such
lot or parcel of land is, or may reasonably become infested or inhabited
by rodents, vermin or wild animals, or may furnish a breeding place for
mosquitoes, or threatens or endangers the public health, safety or
welfare, including such condition causing or tending to cause disease,
or by reason of such a condition, tends to impair the economic welfare
of adjacent property; including abandoned or junk property as defined
by this article; blighted structures and dangerous structures as defined
in this article; unsightly, derelict or unsafe building or structure which
may constitute a hazard to safety, health, welfare or sense of public
aesthetics by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment.
SECTION 4: SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder
shall not be affected by such invalidity.
SECTION 5: CONFLICT.
All sections or parts of sections of the City of Okeechobee Code of
Ordinances in conflict herewith are intended to be repealed to the extent of
such conflict.
SECTION 6: INCLUSION IN THE CODE OF ORDINANCES
It is the intention of the City Council of the City of Okeechobee, and it is
hereby ordained that the provisions of this Ordinance shall become and made
a part of the City of Okeechobee Code of Ordinances, that the sections of
this Ordinance may be renumbered or re-lettered to accomplish such
intentions; and the word "ordinance" may be changed to "Section" or other
appropriate word.
SECTION 8: EFFECTIVE DATE
Ordinance No. 1270, Page 2 of 3
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This Ordinance shall be effective upon final adoption on second reading.
INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of
December 2022.
Dowling R. Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of
January 2022.
Dowling R Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Ordinance No. 1270, Page 3 of 3
If applicable,language to be added is underlined.
If applicable,language to be deleted is struck-throughi