Item O2BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
Ile Florida Keys 4� �� � m i =U, Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: 0.2
Agenda Item Summary #3013
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292 -3470
3:00 P.M. PUBIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance amending
Sec. 13 -3 of the Monroe County Code to update insurance terms and requirements for "Use of
Fireworks" Ordinance.
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are incorrect and outdated.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 Ordinance also lacks proper and complete requirements for hold
harmless, defense and indemnity protections for the County.
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',
and addition of proper hold harmless, defense and indemnity requirements.
On 5/17/17, the BOCC approved the County Attorney's office revisions to the Fire Marshal's permit
application forms which included the correct and current insurance terms, limits and corrected
language. Sec. 13 -3 is referenced in the approved permit application.
A copy of the current Sec. 13 -3, Monroe County Code and the proposed ordinance are attached.
PREVIOUS RELEVANT BOCC ACTION:
5/17/17 (017) BOCC scheduled a public hearing for June 21, 2017 in Key Largo, FL at 3:00 PM or
as soon thereafter as may be heard.
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
STAFF RECOMMENDATION: Approval of the proposed Use of Fireworks Ordinance.
DOCUMENTATION:
Sec.13.3.Use of fireworks.
Stamped proposed draft Ordinance amending Sec. 13.3. Use of fireworks MCC
Notice of Intention to Consider Adoption of County Ordinance amending Sec. 13 -3, MCC Use of
Fireworks Permit Applications
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
Budget and Finance Completed
Maria Slavik Completed
05/18/2017 12:23 PM
05/29/2017 1:21 PM
05/30/2017 8:25 AM
05/30/2017 8:47 AM
Kathy Peters Completed 05/30/2017 10:33 AM
Board of County Commissioners Pending 06/21/2017 9:00 AM
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, § l; Ord. No. 1 -1991, § 1)
CD
Page 1
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
COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WITH
SET LIMITS AND WITH THE COUNTY NAMED AS "ADDITIONAL
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
Pagel of 3
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 qw4 pn 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, an indemnification and hold -
harmless agreement on behalf of the Monroe County Board of County
Commissioners beafd of ,,,,,, y ^,.m,, issie °v^ must be executed by the fireworks
display sponsor or organizer, and should be approved by the board of county
commissioners — or county administrator or his designee and the county risk
management office if coupjy property is intended to be used to conduct the display
of fireworks.
(2) The fire marshal shall determine that the applicant has purchased a
per i ent for al e l a i s- a Commercial General Liability insurance policy with
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 — eei rscried, 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 eAiy aetiafl-. for any
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 iury 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
(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 0
and the time the display shall be exhibited. Further rules and regulations where th
indicated and needed shall be adopted by the board of county commissioners on
the recommendation of the public works department.
�s
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. CD
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. TRANS 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 ADOP'T'ED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board held on the day of , 2017.
May or ,. n
Mayor i Tem David R ice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: Kevin Madok, Clerk
II �
Page 3 of 3
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 21, 2017 at 3:00
P.M., or as soon thereafter as may be heard, in the Commission Chambers, Murray E. Nelson
Government Center, 102050 Overseas Highway, Mile Marker 102, Key Largo, Monroe County,
Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County ordinance:
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
COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WITH
SET LIMITS AND WITH THE COUNTY NAMED AS "ADDITIONAL
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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled
meeting; ifyou are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 17 day of May, 2017.
(SEAL)
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Mo) 5/22/17
Keynoter (Wed) 5/24/17
Reporter (Fr) 5/26/17