§ 14-9. Regulation of fireworks.

(a)

Definitions. For purposes of this section, the following definitions will apply:

Division means the division of the state fire marshal of the department of financial services.

Explosive compound means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.

Fireworks means and includes any combustible or explosive composition or substance or combination of substances or, except, as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance; but excludes starter pistols and toy cannons used during organized sporting events and/or city-approved parades or celebrations. For the purposes of this section, the definition of "fireworks" does not include any item listed in F.S. §§ 791.01(4)(b) and (c).

Sparkler means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand held or ground-based, cannot propel itself through the air, and contains not more than one hundred (100) grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.

(b)

General regulations.

(1)

Except as hereinafter provided, it is unlawful for any person, firm, co-partnership, or corporation to possess, sell, use, or explode any fireworks within the municipal boundaries of the City of Neptune Beach. Any fireworks found in violation of this section will be confiscated and destroyed.

(2)

Sparklers as defined in this section are exempt from the provisions of subsection (b)(1).

(3)

Notwithstanding the requirements of subsection (b)(1), the City of Neptune Beach has the authority to authorize the granting of permits for supervised public displays of fireworks within the municipal boundaries of the City of Neptune Beach, as provided in F.S. § 791.02(1).

(c)

Penalty. Any person violating any provision of this section shall be guilty of an offense punishable by a fine of fifty dollars ($50.00) per violation, payable within ten (10) days to the Records Clerk, Public Safety Department, Neptune Beach, Florida. A late fee of ten dollars ($10.00) shall be attached to any fine not paid by the due date.

(Ord. No. 2004-08, § 1, 6-21-04)