Ordinance 030-1985County Commission
ORDINANCE NO. 030-1985
AN ORDINANCE AMENDING SUBSECTIONS (A) AND (B)
AND REPEALING SUBSECTION (D) OF SECTION 13-4
OF THE MONROE COUNTY CODE OF ORDINANCES
PERTAINING TO THE USE OF FIREWORKS IN MONROE
COUNTY; PROVIDING FOR SEVERABILITY; REPEALING
ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES OF MONROE COUNTY,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute 791.02 provides that the Board of
County Commissioners shall have power to adopt reasonable rules
and regulations for the granting of permits for supervised public
display of fireworks by fair associations, amusements parks and
other organizations or groups of individuals when such display
takes place outside of any municipality, and
WHEREAS, the County Commission desires to exercise the
authority granted it under Chapter 791 of the Florida Statutes to
regulate the manner of using fireworks, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Subsection (a) of Section 13-4 of the Monroe
County Code is hereby amended to read as follows:
"(a) Permit Required. A permit for the display of
fireworks, as defined under Section 791.01 of the
Florida Statutes, shall be acquired from the Monroe
County Building Department. The Fire Marshal of
Monroe County will approve the application for a
fireworks permit prior to it being issued by the
Monroe County Building Department,
The Fire Marshal shall determine that the applicant
has purchased a liability insurance policy of not less
than $500,000 per person or $1,000 per incident for
all claims, that the County is named as a co-insurer,
that the County will be held harmless from any
liabilities relative to the display of fireworks under
said permit, and that the County will be afforded a
defense to any action.
Further, the Fire Marshal shall require that the
fireworks display will be supervised by a person
trained in pyrotechnics."
Section 2. Subsection (b) of Section 13-4 of the Monroe
County Code is hereby amended to read as follows:
"(b) Supervision. That such fireworks shall not be
displayed within one hundred (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."
Section 3. Subsection (d) of Section 13-4 of the Monroe
County Code of Ordinances is hereby repealed.
Section 4. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 6. 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 7. This Ordinance shall take effect immediately
upon receipt of official notice from the Secretary of State of
the State of Florida that this Ordinance has been filed with said
Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, a a regular meeting of said Board held
on the day of A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
DANNY L. KAUIAGE lerk
Attest:
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2
BY
APPROVED AS TO FORM
Anorney'5� 0' ,
• ��I OF'LHF STD,,P
T
NC0D WE -to
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
October 8,.1985
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Melanie Sue Parra, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of October 3,_ 1985
and certified copy/ies of r Monroe ---
County Ordinance (s)85-29, and 85-30
2. Receipt of County Ordinance/s
relative to:
(a)_
which we have numbered
(b) _ --- - — --
which we ii i dt numbered
3. We have filed tlfi-s/these Ordinance/s in this office
on October 7,. - -, 1985.
4. The original/duplicate copy, ies si owi r1g L filing date
is/are being returned for your .records.
i,C/ mb
Cox iall.y,
I 0—b-4--Q—
(Mrs .) z Cloud, Ciliei
Bureau of Administrative Code
FLORIDA-State of the Arts
'RANCH OFFICE
"117 OVERSEAS HIGHWAY
ZARATHON, FLORIDA 33050
TEL. (305) 743-9036
January 6, 1986
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
Mr. Robert L. Leslie
Vice -President --Supplements
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32304
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
In Re: Copies of Ordinances, Monroe County, Florida
Dear Mr. Leslie:
Due to a change in personnel, you may not have received certified
copies of Ordinances 028-1985 through 034A-1985, inclusive. Therefore,
we are sending said copies for inclusion in the Monroe County, Florida
Code of Ordinances.
Please contact us if you need any further information.
Sinrely,
La rie A. Freeling ,
Secretary to Mr. KOX-page
Enclosures
DATE: January 14, 1986
TO: Monroe County, Florida
(Supplement No. 25)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. 028-1985 through
034A-1985, 036-1985, 037-1985
Please advise the date of adoption
for Ordinance No. 028-1985.
Thank you for your assistance and cooperation.
db
Robert L. Lashe
Vice President - Supplements
Municipal Code Corporation