03-017 ORDINANCE NO. 03- O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE
PROTECTION AND PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH, BY
AMENDING SECTION 9-18, "FIREWORKS" TO PROVDE FOR
PROHIBITION OF THE USE OF PYROTECHNIC SPECIAL
EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSDE
BUILDINGS OR OTHER ENCLOSED SPACES; PROVDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE..
WHEREAS, the Fire and Life Safety Division of the Fire Rescue Department
and the City Commission has determined that the prohibition of pyrotechnic special
effects, flame effects or similar devices inside buildings, tents or other enclosed spaces
promotes the health, safety, and welfare of the residents of Boynton Beach; and
WHEREAS, the City Commission has also determined that it is in the best
interests of the citizens and residents of the City of Boynton Beach to amend the Code of
Ordinances to prohibit the use of pyrotechnic special effects, flame effects or similar
devices inside buildings, tents or other enclosed spaces.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree and correct and are now
!ratified and confirmed by the City Commission.
Section 2. That Chapter 9. Article II, Fire Codes and Fees. is hereby
amended by creating a new subsection (k) by adding the words and figures in underlined
~type as follows, and renumbering/relettering the existing subsection (k) to subsection (1):
S:\CA\Ordinances~Fire - Chapter 9hfireworks -pyrotech prohibition.rtf
Section 9-18
(k) The use of pyrotechnic special effects, flame effects and/or similar
devices inside buildings~ tents, structures and/or other enclosed spaces is
prohibited. Flame effects include, but are not limited to, batons, and/or
torches fueled by liquid~ solid or gaseous fuels; flame projectors which
produce heat effects and/or flames; flash powders composed of fuel(s) and
oxidizer(s); flares and similar devices. Pyrotechnic special effects include,
but are not limited to~ chemical mixtures used in the entertainment industry
to produce visible~ audible, or thermal effects by combustion, deflagration or
detonation.
(-kO (1) Any violation of this section shall subject an offender to arrest...
Section 3. Each and every other provision of Chapter 9. Fire Protection and
Prevention not herein specifically amended, shall remain in full force and effect as
~riginally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
:onflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
:hereof be declared by a court of competent jurisdiction to be invalid, such decision shall
~ot affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this {o day of t'~ ~,~ ,2003.
',:\CA\OrdinancesLFire - Chapter 9\fireworks -pyrotech prohibition.rtf
SECOND, FINAL READING AND PASSAGE this .D~)day of ~YI ::~ O',
2003.
Commissioner
ATTEST:
City Cle~
/'.
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