1270, Fireworks Dates/Enforcement 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
VI I I, 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,
. ,
(firecrackers, toy--pistols, or other explosives' fireworks or other similar
devices as defined in F.S. Section 791.01.
(b) The shooting 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 c ction with a community wide celebration
bbeenn ob�Te`J from the ra-ngement.s--made fn�oi he
display so that traffic control, insurance and the safety of spectators has
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 struck--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 stcubk-through.
INTRODUCED for FIRST READING and set for Final Public Hearing on this 7th day
of February 2022.
,,, -r----"---/
Dowling R. Watford Jr., -Mayor
ATTEST: I
ii �.J
Lane Gamiotea, CMC, City Clerk
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.
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: x
Council MemberNice Mayor Clark: x
Council Member Jarriel: x
Council Member McAuley: x
Mayor Watford: x
r,,f> ' .
Dowling R Watford Jr., Mayor
ATTEST:
Lane amiotea, C C, City Clerk
., ,: Y
• .
REVIEWED FOR LEGAL SUFFICIENCY:
r
\ Greg Hyden
fo ohn J. Fumero, E�-
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.
``4y.OFii0., a
�f� PUBLIC NOTICE FtJew COPY ,EM,c.
s= ==F ''zt- �� CITY COUNCIL MEETING ��� �a
NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a
Regular Meeting on March 7, 2023, at 6 PM, or as soon thereafter as possible, at City Hall,
55 SE 3rd AVE, Rm 200, Okeechobee, FL.
The public is invited to attend and be heard on all matters. Copies of the agenda will be
available at the meeting, or prior to the meeting, and may be viewed and/or downloaded from
https://www.cityofkeechobee.com/AgendaMInutes-CityCouncil.html.
In addition to general items of discussion and consideration, a Public Hearing will be
conducted to consider adopting the following proposed ordinances, which can be inspected
in their entirety at https://www.cityofokeechobee.com/public-notice.html or in the City Clerk's
Office during normal business hours, Monday-Friday, 8:00 AM to 4:30 PM, excluding holidays:
• 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.
The ordinance will limit the use of fireworks to specific dates and times. Requires public
fireworks displays to obtain permits. Expands enforcement to police and code officers
and adds the use of fireworks to the nuisance definition.
BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or
opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board
Secretary for the City's records.ANY PERSON DECIDING TO APPEAL any decision made by the Council with respect
to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record
includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with
Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact
the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business
days prior to proceeding.
By: Mayor Dowling R.Watford,Jr.
City Clerk Lane Gamiotea
NOTICE POSTED:2/21/23-BB/WEBSITE,2/28/23-SM
FILE C' ''Y
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Lake Okeechobee News
"� 313 NW 4th Avenue
Okeechobee, FL 34972
863-763-3134
NEW$MEDIA INC. USA
STATE OF FLORIDA CITY of OKEECHOBEE
COUNTY OF OKEECHOBEE PUBLIC NOTICE
CONSIDERATION OF ADOPTING A CITY ORDINANCE
NOTICE IS HEREBY GIVEN th/the CEyGould dtte Gty dCkeo txbee
Before the undersigned authority personally appeared Ka- gtr; cn 2D,obee.�m
trina Elsken Muros, who on oath says that she is Editor � "d't tdT,55 °'d"a"ce°'°'a'"(N°.u'°):
in Chief of the Lake Okeechobee News, a weekly news- a so+o sFT NtLI oA TOT;ERE uA IONo�
WORKS,AMMING PART II THE CODE OF ORDINANCES OF THE
paper published in Okeechobee County, Florida; that the CITY OF OKEECHOBEE AT CHAPTER 14 BUSINESSES BY +g
ICALLY AMENDING SECTION 14-173 FIREWORKS;AMENDING
attached copy of advertisement, being ;a Public Notice in AT WIER 30, ENVIRONMENT, SPEC�ICILLY ARMING
t' SECTION 30-43 PUBLIC MILSAM PROVIDING FOR CODIFI-
the matter of CATION;PROVIDING FOR SEVBtAHDSTM;REPEALING ALL OR-
DINANO OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
Public Notice AND PROVIDING FOR AN EFFECTIVE DATE.
The adinanm Hd In t the use d fr c s to peafic data and are_s Re-
in the 19th Judicial District of the Circuit Court of dma d ror"
Okeechobee County, Florida, was published in said news- gird°°
paper in the issues of afa to /www.�;, r,;H
02/22/23 tizer .
BE ADVISED Ud[shag('yw intend a shoei any dodur,rnt,acbre,Wee,
(Print Dates) «terrsm the Cound itappat«oppcslim toary tanmthe di,a
oapydthe dda+rian4PLL+e:"i7sa,«itrrrn rrrutbe uo+idm mtt,e C�iaek
or by publication on the newspaper's website,if authorized, °,ec n nING IPPEAalE Z nder
vat need to ewea s taatim read dthe puffi is mad
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hetirrnnry and a iderEe upon wtidn the appeal wil be based.In
02/22/23, 02/23/23, 02/24/23, 02/25/23, 02/26/23, 02/27/23,02/28/23, 'r'"n°n the A"niao wth ct�drroes Act,pegs with cr't'Ib'
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ear.ay Oak fare Garridlea,G1c
Affiant further says that the newspaper complies with all 5ffi329'2°2z°ZI
legal requirements for publication in Chapter 50, Florida
Statutes.
( .�'�%l7ivt
Katrina Elsken Muros
Sworn to and subscribed before me by means of \0 11 12 AM A
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❑Physical Presence �X Online Notarization cb. Q
physical presence or online notarization, this co RECEIVED ',
22nd day of February, 2023. FEB 2 2 2023 r
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�,a.biy !ANET SUE MADRAY i
,!:'.. ..• ' my COMMISSION#HH 129146 R
" �:o-` EXPIRES.May 12,2025
•'•'.g o; ?.., •Scrlded Thru:0rary Public Unde+,rl!er5
(Signature of Notary Public)
STAMP OF NOTARY PUBLIC
Heather Prince
1rduxf. - "ca
From: Heather Prince
Sent: Thursday, February 16, 2023 4:10 PM
To: Ashley Weikert
Cc: India Riedel; Lane Gamiotea; Katie Rogers
Subject: Website Posting-Ordinance#1270
Attachments: Ord 1270 PDF A for Website.pdf
Ashley,
Please post the attached to the website under the Public Notice-City Business section under the 3/7
City Council Meeting notice.
POST: by end of day 2/21/23
REMOVE: 3/8/23
Thank you,
Heather Prince I Deputy Clerk
CITY CLERK'S OFFICE
CITY OF OKEECHOBEE
55 SE 3RD AVENUE, OKEECHOBEE, FL 34974
PHONE: (863) 763-3372 EXT. 9814
FAX: (863) 763-1686
EMAIL: DEPUPTYCLERK@CITYOFOKEECHOBEE
Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
therefore be subject to public disclosure.
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