S
Somatose
Guest
Hi, I live in Florida and I'm having a problem with my neighbor who likes to shoot fireworks off at night.
I'm curious if they are actually breaking the law or not. I've looked up the state statutes regarding fireworks and I've run into an ambiguity (as far as I can comprehend it).
Here is a link to the full text of the Florida statute chapter concerning fireworks:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0791/ch0791.htm
Here is the parts I'm having trouble with:
791.012 Minimum fireworks safety standards. -- The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.
As I have indicated in bold, this section states that, "The outdoor display of fireworks in this state shall be governed by the ... Code for Fireworks Display". But then it says, "The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property.
Later on in the chapter, this text is found:
791.02 Sale of fireworks regulated; rules and regulations. --
(1) Except as hereinafter provided 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 outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
So now here it says that, "it is unlawful for any person ... to ... use or explode any fireworks", unless they are granted a permit to do so (which is only good for each incident) and have a "competent operator" who has been "approved by the chiefs of police and fire departments.
So my confusion lies in the fact that in one section it says that no one can use or explode fireworks (unless granted a permit), but another section says that the code for fireworks display doesn't apply to fireworks on private property.
Can anyone clear up this ambiguity for me? Are my neighbors breaking the law? Thanks for any help! I'd love to be able to go to sleep without having to worry about hearing explosions next door.
I'm curious if they are actually breaking the law or not. I've looked up the state statutes regarding fireworks and I've run into an ambiguity (as far as I can comprehend it).
Here is a link to the full text of the Florida statute chapter concerning fireworks:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0791/ch0791.htm
Here is the parts I'm having trouble with:
791.012 Minimum fireworks safety standards. -- The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.
As I have indicated in bold, this section states that, "The outdoor display of fireworks in this state shall be governed by the ... Code for Fireworks Display". But then it says, "The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property.
Later on in the chapter, this text is found:
791.02 Sale of fireworks regulated; rules and regulations. --
(1) Except as hereinafter provided 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 outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
So now here it says that, "it is unlawful for any person ... to ... use or explode any fireworks", unless they are granted a permit to do so (which is only good for each incident) and have a "competent operator" who has been "approved by the chiefs of police and fire departments.
So my confusion lies in the fact that in one section it says that no one can use or explode fireworks (unless granted a permit), but another section says that the code for fireworks display doesn't apply to fireworks on private property.
Can anyone clear up this ambiguity for me? Are my neighbors breaking the law? Thanks for any help! I'd love to be able to go to sleep without having to worry about hearing explosions next door.