Fireworks

The great blog Abstract Appeal had a posting on the Second Court of Appeals opinion on the lawsuit by Phantom Fireworks against Pinellas County regarding their ordinance restricting fireworks. Phantom lost. Matt quotes from the opinion:

"[A]nyone who has ever lived in Florida in the weeks surrounding the Fourth of July or New Year's Day has observed that countless tents selling standard fireworks pop up along roads near residential neighborhoods just before the upcoming holiday and disappear as soon as the holiday is over.

A stranger to our state would be forced to conclude that these nomadic purveyors of fireworks ply their wares to a large population of fish-farmers and other agriculturalists who are plagued by avian infestations. The stranger would assume that the pesky birds became intolerable shortly after dark on July Fourth and immediately following midnight on January First. Unfortunately, after the birds are frightened away and the tents have moved on, the stranger would realize that adults and children with serious injuries were left behind"

I found more interesting quotes " ( page 10 - footnote 6)
" This widespread failure to enforce chapter 791 is somewhat surprising because
the chapter would seem to be easily enforced. As the parties to this appeal all agree,
section 791.02 does not contain the word "knowing." It creates a misdemeanor to
protect citizens, primarily children, from what is sometimes described as a public
welfare offense. Accordingly, it is either a strict liability crime or one requiring minimal
mens rea. See generally State v. Giorgetti, 868 So. 2d 512, 516 (Fla. 2004). Although
retailers of fireworks in Florida often utilize forms in which people claim they own fish
farms or other agricultural ventures, it is not obvious that a misrepresentation by the
purchaser would protect the seller from criminal sanction."


(Page 20) "The subsequent provisions of section 4 are directed at insuring that the
sales of fireworks occur in accordance with the provisions of chapter 791. These
subsections require the development of an affidavit for sellers to use to determine
whether a potential purchaser is qualified to use or purchase fireworks, require a
purchaser to present identification at the time of sale and proof that they are registered
with the Division or otherwise in compliance with chapter 791, and require documentation
of a purchaser's connection with a permitted use of fireworks. This portion of the
ordinance also requires the sellers to display all appropriate permits, registrations,
certificates, and licenses, and to maintain on-site records of all sales. The records must
be maintained for at least four years and are subject to inspection by fire or law
enforcement officials without a warrant."

"The purchaser of any fireworks must furnish to the seller, at the
time of sale, proof of identification and, if applicable, proof that
the purchaser is registered with the Division of the State Fire
Marshal and is otherwise in compliance with Chapter 791, Florida
Statutes. The seller shall retain a copy of any proof of registration
presented."

Here are links to the ordinance:

Article IV. Fireworks
Division 1. Generally
Sec. 62-81. Definitions.
Sec. 62-82. Penalties for violation of division.
Sec. 62-83. Territory embraced.
Sec. 62-84. Storage and sale of sparklers.
Sec. 62-85. Prohibition; exceptions; permits and regulations.
Sec. 62-86. Vendor receipts.
Sec. 62-87. Labeling requirements.
Sec. 62-88. Designation as dangerous products.
Sec. 62-89. Fire authority to issue permits governing the sale of fireworks.
Sec. 62-90. Evidence of financial responsibility.
Sec. 62-91. Severability.
Secs. 62-92--62-95. Reserved.
Division 2. Use and Display
Sec. 62-96. Authority.
Sec. 62-97. Applicability and purpose.
Sec. 62-98. Definitions.
Sec. 62-99. Use of fireworks.
Sec. 62-100. Display of fireworks.
Sec. 62-101. Penalties and enforcement.


Also here is an article written by Pinellas County Commissioner Kenneth T. Welch and South Pasadena Fire Chief William Naylor after they passed their ordinance years ago.

"Title: Safe Patriotism

Recently, in Pinellas County’s Board of County Commissioners’ Assembly Room, we heard comments equating fireworks with patriotism on the Fourth of July. We also heard comments on nerve-snapping explosions at all hours of the day and night, for several days before and after each holiday (not only the Fourth, but every holiday all year long). We heard public safety agencies plead for enforceable restrictions for safety’s sake. Citizens related how pets would cower behind furniture. Environmentalists explained the dangers to wildlife. Most poignant of all, we heard heartbreaking stories of human injuries, and traumatic visits to the emergency rooms and burn clinics.

In the end, Commissioners voted to adopt a fireworks ordinance that requires both buyers and sellers of pyrotechnic devices that explode or leave the ground to each have a permit from the Sheriff’s Office before such a transaction could take place.

The ordinance takes effect on August 1st. We believe it will effectively eliminate sales of illegal fireworks in Pinellas County.

We want to thank all those who came out to show their support. Representatives from the fire department, law enforcement, city commissions, environmental groups, neighborhood associations, the medical community and others told convincing stories of the dangerous effects of illegal fireworks in the hands of nonprofessionals. We appreciate the solidarity shown by these agencies in favor of this measure, and we feel we now have an ordinance that will be effective, enforceable and allow us to keep our communities safe from fireworks-related combustion and injury. Neighboring counties will be watching us. Already the Hillsborough County Commission has expressed an interest in passing a fireworks-regulating ordinance of its own. We hope Pinellas County will stand as an example of a community which dealt with a public safety issue directly and with positive results for years to come.

For the moment, revelers may still travel to adjacent counties to purchase their fun, but we hope the selection of legal, sparkler-type incendiaries will allow celebrants to display their patriotism in a safe manner. There will still be plenty of fireworks to be enjoyed in municipal-sponsored displays run by professional pyrotechnic artists. But everyone concerned with public safety in Pinellas County should have an easier time of it on the next holiday. It’s what this community wanted. We thank you all for having the conviction to stand up and voice your support."