§ 2-21-88. Prohibitions.

(a)

Sale. The sale of fireworks and sparklers is prohibited; provided however that:

(1)

A duly registered manufacturer may lawfully sell fireworks and sparklers to a duly registered distributor or duly registered wholesaler;

(2)

A duly registered distributor may lawfully sell fireworks and sparklers to a duly registered wholesaler or a duly registered retailer;

(3)

A duly registered wholesaler may sell fireworks and sparklers to a duly registered retailer;

(4)

A duly registered manufacturer, a duly registered distributor or a duly registered wholesaler may sell fireworks to:

a.

An out-of-state customer, provided the manufacturer, distributor or wholesaler directly ships the fireworks out of Manatee County and out of the State of Florida;

b.

A person or entity which holds a valid permit from the county or a municipality to conduct a public display of fireworks.

(5)

A retailer, as defined by Section 791.01(6), Florida Statutes, may sell sparklers and novelties and trick noisemakers, as listed in Section 791.01(4)(c), Florida Statutes, to the public; provided however, that no such device may be sold to a minor; the retailer shall take reasonable steps to ensure a purchaser is above the age of majority;

(6)

A duly registered manufacturer, a duly registered distributor, a duly registered wholesaler or a retailer may sell or distribute fireworks to any person who:

a.

Is not a minor;

b.

Is the owner, employee, or agent of a business legitimately currently engaged in agricultural works or the operation of a fish hatchery;

c.

First files a sworn affidavit to the sheriff of Manatee County that he or she:

1.

Is the owner, employee, or agent of a business legitimately and currently engaged in agricultural works or the operation of a fish hatchery;

2.

Requires fireworks to use solely and exclusively for the purpose of frightening birds from the agricultural works or fish hatchery;

3.

Lists the specific location(s) where such fireworks will be used;

4.

Lists the names, ages and home addresses of any additional personnel authorized to use such fireworks for such agricultural works or fish hatchery;

5.

Lists the policy number and insurance company name of the agricultural works or fish hatchery business's current liability insurance policy covering use of fireworks;

6.

Lists the time(s) and day(s) of the week when such fireworks will be used;

7.

Lists the place of storage of the fireworks and measures taken to prevent theft or accidental discharge of such fireworks;

8.

Lists the street address of each church, school, park and residence within two hundred (200) feet of the location where the fireworks will be used;

9.

Acknowledges that the provision of false or misleading information in the affidavit, or the use or disposition of the fireworks in any manner other than permitted by the Manatee County Fireworks Ordinance, may result in civil and criminal penalties; and

d.

Presents the above affidavit, endorsed by the sheriff or his designee; to the seller/distributor prior to sale/distribution. The seller/distributor shall maintain copies of any said endorsed affidavits for at least twelve (12) months after delivery and make the copies and their sales or manufacturing permit available for inspection by any governmental agent including any law enforcement officer, fire marshal or county or municipal code enforcement officer, upon request. The sheriff shall maintain copies of affidavits as required by Florida law.

(7)

No seller may advertise "fireworks" when only legal sparklers are for sale at the site.

(b)

Use. The use, ignition or explosion of fireworks is prohibited; provided however that:

(1)

Duly registered manufacturers may use and explode fireworks within their compounds or proving grounds for experimentation and testing;

(2)

Persons or entities holding valid public display permits from Manatee County or municipalities may use and explode fireworks, according to the terms and conditions of this article, other valid ordinances and their permits, during public displays;

(3)

Railroads and other transportation agencies may use and explode fireworks for signaling and illumination;

(4)

Boaters may explode fireworks for emergency purposes as may be authorized by any federal, state or local law, including the deploying of "flare gun" charges or other similar boating safety/rescue devices;

(5)

Mining or other industrial entities may, if not otherwise prohibited by law or ordinance, use and explode fireworks for quarrying, building and other industrial purposes;

(6)

Persons who possess a copy of the properly filed affidavit with the Sheriff required herein may use and explode fireworks to frighten birds away from agricultural works or fish hatcheries, but only within the affidavit's stated use parameters, such as days, times, and location of uses;

(7)

Nothing in this article prohibits the use of explosive fireworks by units of the Armed Forces of the United States, federal law enforcement agencies including the Transportation Safety Administration, or by the Florida National Guard, the sheriff, municipal police departments, or fire districts or departments during official training and/or the performance of lawful duties.

(c)

Place. No fireworks or sparklers may be manufactured, stored or sold in Manatee County, except in permanent buildings, which:

(1)

Meet all requirements of the Manatee County Land Development Code and Building Code, and all applicable fire district and municipal codes;

(2)

Are located on lands zoned commercial or industrial;

(3)

Comply with all fire safety and fire extinguishing systems standards of NFPA Code 1124;

(4)

Have an operation fire sprinkler system installed;

(5)

Have been inspected for compliance with the above rules by the appropriate zoning and building officials and fire district or fire department personnel; and

(6)

Except for incidental sales of sparklers and novelties by established retail stores:

a.

Are set back from any other structure by at least two hundred (200) feet in all directions; and

b.

Are not within one thousand (1,000) feet of any residential structure or school building.

(d)

Temporary structures. It is unlawful to sell fireworks or sparklers from a tent, open air stand, under a canopy, or from a motor vehicle or trailer.

(e)

Displays. No fireworks may be used or exploded for display unless:

(1)

The user has first obtained a public display permit from Manatee County or the appropriate municipality; and

(2)

The user has a copy of the permit in his or her possession.

(Ord. No. 04-27, § 3, 2-10-04)