PD Newsletter

June 2008

As this is the last newsletter that will go out before the July 4^th celebrations, I wanted to use this opportunity share some information about fireworks. Every year the police department receives numerous calls about what seems to be a continuing increase in the proliferation and use of use of illegal fireworks, particularly on our beaches and in the residential areas of the Town. After responding to a fireworks complaint our officers are invariably met with either surprise that the use of the fireworks are illegal and/or indignation that their use must cease and that the remainder of the illegal fireworks are being seized.

As a general rule of thumb, fireworks that either explode or can be launched into the air are illegal. In order to help alleviate some of the questions and concerns in reference to the purchase and use of fireworks I have includes some of the pertinent excerpts from Florida Statutes and the Brevard County Code of Ordinances.

791.02 f.s. It is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided 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, amusement parks, and other organizations or groups of individuals when such public display is to take place ...

791.05 f.s. Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.

Sec. 10-188, Brevard County Ordinance

No person or entity shall use, explode, or store, fireworks in the county, unless:

(1)   The person or entity first obtains an appropriate county permit for the public display of fireworks or pyrotechnics in accordance with this article;

(2)   The use is by a railroad or other transportation agency for illumination or signal purposes or the use is associated with quarrying, blasting, or another industrial purpose in accordance with F.S. § 791.04; or

(3)   The use in conjunction with a bona fide agricultural use, as provided in F.S. § 791.07 and the applicable provision of the Florida Administrative Code.

Permitted Devices: Devices approved and listed by State Fire Marshal which emit a shower of sparks upon burning, do not contain any explosive compounds, do not detonate or explode, are hand held or ground based, cannot propel themselves through the air, and that contain not more than 100 grams of the chemical compound that produces sparks upon burning. Any device that is not included in the list of approved items is prohibited, except that snakes, small smoke devices, trick noisemakers and certain other novelties may be sold at all other times.

Anything not meeting the above definition, such as firecrackers, skyrockets, torpedoes, roman candles, etc. are illegal.

I hope this helps clarify the law and some of the confusion surrounding the use of fireworks in Florida. Please contact us here at the police department if you have additional questions or concerns. 723-7788 or email police@indialantic.com

I hope everyone has a safe and happy 4^th of July.

Troy W. Morris

Chief of Police