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2023-02-07 VII. B. Exhibit 4 Exhibit 4 02/07/2023 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 (F.S.) 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 F.S. 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 VIII, 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, as defined in F.S. §791.01, or to shoot off, explode or use any firecrackers, toy pistols, or other explosives fireworks or other similar devices as defined in F.S. Section 791.01. (b) The sea use of fireworks or other similar devices are not permitted in the City other than on New Year's Eve, New Year's Day, and Independence Day. in connection with a community wide celebration been obtained fror the-cit ncil aand-arrangements made f -t,he been provided for. However, this Section shall not prohibit public outdoor fireworks displays for which any applicable permit has been obtained from the City and Okeechobee County Fire and Rescue if and where all financial bond requirements or liability insurance established by the City, if any, have been satisfied, and other prescribed safety 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 s#wsic-through. (c) The use of private outdoor fireworks may occur on: New Years' Eve between 1:00 P.M. to Midnight, EST; and New Years' Day between 12:01 A.M. to 1:00 A.M., and between 11:00 A.M. to 11:00 P.M., EST. Independence Days between 11:00 A.M. to 11:00 P.M., EST (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. Section 162.22 or when a public safety or nuisance is caused. A problem may exist when fireworks are set off 25-feet or less of an adjoining single-family residence. A problem may occur when fireworks are being set off near vegetations or forested areas that could potentially cause an undue fire hazard. 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 7: EFFECTIVE DATE. This Ordinance shall be effective upon final adoption on second reading. Ordinance No. 1270, Page 2 of 3 If applicable,language to be added is underlined. If applicable,language to be deleted is stwsl--threugh. INTRODUCED for FIRST READING and set for Final Public Hearing on this 7th day of February 2022. Dowling R. Watford Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk (SEAL) SECOND READING AND FINAL ADOPTION held this 7th day of March 2023. As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll call on final reading and recorded, the vote was as follows: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R Watford Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk (SEAL) REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, Esq. 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 through.