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Item O170.17' ° °t. BOARD OF COUNTY COMMISSIONERS C ounty of Monroe �' A',� Mayor George Neugent, District 2 The Florida. Keys �� Mayor Pro Tem David Rice, District 4 rg Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: 0.17 Agenda Item Summary #2995 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292 -3470 N/A AGENDA ITEM WORDING: Discussion and direction regarding revisions to the Use of Fireworks ordinance and approval to advertise public hearing. ITEM BACKGROUND: Ch. 13, Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances is the "Use of Fireworks" ordinance that provides legal requirements that applicants must comply with in order to obtain a permit from the Fire Marshal to display fireworks in the County. That ordinance has not been updated since 1991. Currently, the ordinance requires that the applicant provide a liability insurance policy of not less than $500,000.00 per person or $1,000,000.00 per incident for all claims, and that the County is named as a `coinsured' on the policy. These terms and policy limits are incorrect and outdated. The County Attorney recommends updating and revising the ordinance to be compliant with current and proper insurance terms and requirements that the applicant provide a Commercial General Liability insurance policy that must have limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate claims, and that the County is named as an `Additional Insured.' The County Attorney's office revised the Fire Marshal's permit application and included the correct and current insurance terms and limits. Sec. 13 -3 is referenced in the application. The current and the proposed Sec. 13 -3 are attached. PREVIOUS RELEVANT BOCC ACTION: 12/22/83 - adopted an ordinance which established the Use of Fireworks ordinance. 9/20/85 - adopted an ordinance which revised the regulations and insurance requirements. 11/1/85 - adopted an ordinance which clarified insurance requirements. 3/7/86 - adopted an ordinance which required the County be a co- insured. 1/29/91 - adopted an ordinance which established safety conditions and application requirements. CONTRACT /AGREEMENT CHANGES: N/A Packet Pg. 2895 STAFF RECOMMENDATION: Direct legal staff (1) to prepare revisions to the Use of Fireworks ordinance and (2) approval to advertise and schedule a public hearing for the June 21, 2017 BOCC meeting in Key Largo. DOCUMENTATION: Sec.13.3.Use of fireworks. Stamped proposed draft Ordinance amending Sec. 13.3. Use of fireworks MCC FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Advertising Costs Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: N/A If yes, amount: N/A REVIEWED BY: Chris Ambrosio Completed Bob Shillinger Completed Kathy Peters Completed Board of County Commissioners Pending 05/03/2017 2:05 PM 05/03/2017 3:14 PM 05/03/2017 3:38 PM 05/17/2017 9:00 AM Packet Pg. 2896 0.17.a Sec. 13 -3. - Use of fireworks. (a) Permit required. (1) A permit for the display of fireworks, as defined under F.S. § 791.01 and F.S. § 791.02, shall be acquired from the county fire marshal. The county fire marshal will approve the application for a fireworks permit only if safety conditions and provisions of law are met. An application for a fireworks display must be received by the county fire marshal at least 30 days in advance of the date of display under written procedures and on a form approved by the board of county commissioners. Any indemnification and hold - harmless agreement on behalf of the board of county commissioners should be approved by the board of county commissioners. (2) The fire marshal shall determine that the applicant has purchased a liability insurance policy of not less than $500,000.00 per person or $1,000,000.00 per incident for all claims, that the county is named as a coinsured, that the county will be held harmless from any liabilities relative to the display of fireworks under the permit, and that the county will be afforded a defense to any action. (3) Further, the fire marshal shall require that the fireworks display will be supervised by a person trained in pyrotechnics. (b) Supervision. Such fireworks shall not be displayed within 100 feet of a building of any sort, nor shall such public display of fireworks be conducted within one -half mile of any hospital, nursing home or nursing care center. (c) Time limit on permit. Any permit issued shall be for a time not to exceed four hours and shall state with certainty on the application where, during what hours and the time the display shall be exhibited. Further rules and regulations where indicated and needed shall be adopted by the board of county commissioners on the recommendation of the public works department. (Code 1979, § 13 -4; Ord. No. 29 -1983, §§ 14; Ord. No. 30 -1985, §§ 13; Ord. No. 34 -1985; Ord. No. 5 -1986, § 1; Ord. No. 1 -1991, § 1) Page 1 Packet Pg. 2897 0.17.b ORDINANCE NO. -2017 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 13 -3 OF THE MONROE COUNTY CODE TO UPDATE INSURANCE TERMS AND REQUIREMENTS FOR "USE OF FIREWORKS" PERMIT APPLICANTS; REQUIRING APPLICANT TO PROVIDE A COMMERICAL GENERAL LIABILITY INSURANCE POLICY WITH SET LIMITS AND WITH THE COUNTY NAMED AS "ADDIITONAL INSURED "; REVISING THE FIRE MARSHAL'S "USE OF FIREWORKS" PERMIT APPLICATION FORMS TO REFLECT CORRECT AND CURRENT INSURANCE TERMS AND LIMITS AND CITING SEC. 3 -13 IN THE APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ch. 13, Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances is the "Use of Fireworks" ordinance that provides legal requirements that applicants must comply with in order to obtain a permit from the Fire Marshal to display fireworks in the County; and WHEREAS, Ch. 13, Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances has not been updated since 1991; and WHEREAS, Sec. 13 -3 of the Monroe County Code requires that the applicant provide a liability insurance policy of not less than $500,000.00 per person or $1,000,000.00 per incident for all claims, and that the County is named as a `co- insured' on the policy; these terms and policy limits are incorrect and outdated; and WHEREAS, the County Attorney recommends updating and revising Sec. 13 -3 of the Monroe County Code to ensure the Code contains the current and proper insurance terms and requirements which require the applicant provide a Commercial General Liability insurance policy that must have limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate claims, and that the County is named as an `Additional Insured"; and WHEREAS, the Fire Marshal's Use of Fireworks Permit Application has been revised to include, among many improvements, the correct and current insurance terms and limits as cited in the previous clause and now references Sec. 13 -3 of the Monroe County Code in the application; and WHEREAS, it is in the County's best interest to ensure current and adequate insurance terms and requirements are set forth in its Code and in the Fire Marshal's permit application to provide the highest level of liability protection for the County; and Page 1 of 3 Packet Pg. 2898 0.17.b WHEREAS, adoption of this ordinance will bring the Code current providing the highest liability protection for the County and consistent with the revised content of the Fire Marshal's Use of Fireworks Permit Application; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida that the Monroe County Code is hereby amended as follows: Section 1. Sec. 13 -3. shall be amended to read as follows: (Deletions stpieken and additions underlined.) Sec. 13 -3. - Use of fireworks. (a) Permit Required. (1) A permit for the display of fireworks, as defined under F.S. § 791.01 and F.S. §791.02, shall be acquired from the county fire marshal. The county fire marshal will approve the application for a fireworks permit only if safety conditions and provisions of law are met. An application for a fireworks display must be received by the county fire marshal at least 30 days in advance of the date of display under written procedures and on a form approved by the board of county commissioners. As part of the permit process, A.-ty an indemnification and hold - harmless agreement on behalf of the Monroe County Board of County Commissioners must be executed by the fireworks display sponsor or organizer, an d should be approved by the board of county commissioners — or county administrator or his designee, and the county risk management office if county property is intended to be used to conduct the display of fireworks. (2) The fire marshal shall determine that the applicant has purchased a liability ; hey of no t loss tha $500 „ p o r $1 per incident for -A" ,.'„:.,.,'z a Commercial General Liability insurance policy with ims limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate that covers the fireworks display, that the county is named as an Additional Insured on the insurance policy eekv,,ured, that the county will be held harmless from any liabilities relative to the display of fireworks under the permit, and that the county will be afforded indemnity and a defense to any-ac4ien: for M and all claims, suits, causes of action, loss, damage, costs, expenses and liabilities that may result or arise out of the fireworks display, including but not limited to any and all claims, suits, causes of action, judgments or damages sustained by Monroe County for bodily injury or for injury to or loss of property resulting from, caused by, or arising out of the fireworks display. (3) Further, the fire marshal shall require that the fireworks display will be supervised by a person trained in pyrotechnics. (b) Supervision. Such fireworks shall not be displayed within 100 feet of a building of any sort, nor shall such public display of fireworks be conducted within one -half mile of any hospital, nursing home or nursing care center. Page 2 of 3 Packet Pg. 2899 0.17.b (c) Time limit on permit. Any permit issued shall be for a time not to exceed four hours and shall state with certainty on the application where, during what hours and the time the display shall be exhibited. Further rules and regulations where indicated and needed shall be adopted by the board of county commissioners on the recommendation of the public works department. Section 2 . SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 3 . CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. TRANSMITTAL AND EFFECTIVE DATE. This ordinance shall take effect upon receipt of a certified copy of this ordinance by the Secretary of State pursuant to the process set forth in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the day of , 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor MONROE COUNTY ATTORNEY APP�OVED A TO R a� E By: Page 3 of 3 CHRIS AMBROSIO ASSISTApJTCqUNTY ATTORNEY Date: 5 Packet Pg. 2900