ORANGE COUNTY, Fla. – Orange County officials are considering a new ordinance aimed at preventing the unauthorized use of fireworks.
The proposal comes in response to ongoing complaints from residents about illegal fireworks in neighborhoods.
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State Law Integration
“The goal of this ordinance is to provide for effective enforcement of the state of Florida’s provisions related to the permitted use of fireworks. In chapter 791, Florida Statutes,” said Joy Carmichael, Assistant County Attorney, during an Orange County Work Session.
Chapter 791 regulates the sale, use, and storage of fireworks statewide. It allows fireworks only under specific circumstances, including on designated holidays—January 1 [New Years Day], July 4 [Independence Day], and December 31 [New Years Day]—or with a county permit for public displays. Certain uses for transportation, industrial, or agricultural purposes are also permitted.
Enforcement and Complaints
The proposed ordinance would treat the illegal use of fireworks as a nuisance.
“The ordinance would provide for enforcement by allocating responsibility for noncompliance to individuals,” Carmichael explained. “It would allow any person to bring a complaint alleging a prohibited use of fireworks and for fireworks complaints to be referred to and received by the Sheriff’s Office for personal investigation.”
If an investigating officer finds probable cause, they may issue a written warning or a citation.
“If the person does not take corrective action to cease and desist from the activity stated in the written warning in a reasonable time, which we’re defining to be five minutes or to be immediately, and that would be within the officer’s discretion,” according to Carmichael.
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Penalties
Violators would face escalating civil penalties: “A civil citation punishable by a fine as follows: $200 for a first offense, $400 for a second offense, and up to $500 and a mandatory court appearance for a third offense, and each subsequent violation,” said Carmichael.
Jurisdictional Considerations
While the ordinance could be effective countywide, including within municipalities, some local cities have expressed concerns.
“The general consensus is that they [Winter Garden through a general statement] would not want it to be effective within their jurisdiction,” according to feedback from municipal representatives.
Next Steps
There was no action taken during this meeting. Following this meeting the plan will be to create an ordinance that will serve the county as a whole. There will be a vote set at a later date that will allow for further discussion of the proposed ordinance.