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HomeMy WebLinkAboutAgenda - 02-16-2016 - 6-g - Amendment to the Orange County Code of Ordinances – Display of Pyrotechnics Ordinance ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 16, 2016 Action Agenda Item No. 6-g SUBJECT: Amendment to the Orange County Code of Ordinances — Display of Pyrotechnics Ordinance DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) N ATTACHMENT(S): INFORMATION CONTACT: 1. Draft Ordinance John Roberts, (919) 245-2318 2. Adoption Resolution PURPOSE: To consider the adoption of rules regulating the display of pyrotechnics in Orange County. BACKGROUND: The Board of County Commissioners has previously discussed the issues of the noise associated with and concern and distress created by pyrotechnics displays and the need for notice thereof. In the fall of 2015, the Sheriff, Fire Marshal, Planning Staff, Deputy County Manager, and County Attorney met to discuss the issues created by large scale pyrotechnics displays and solutions for those issues. Among the proposed solutions was the creation of a permitting process and notice requirements both for the permit issuer and for the applicant. As written the ordinance delegates to the Fire Marshal the authority granted the County in North Carolina General Statute 14-413 regarding public exhibitions of pyrotechnics. The ordinance requires the Fire Marshal to notify the Sheriff and County Manager when applications for pyrotechnics displays are received. It also requires the applicant for a display permit to notify surrounding property owners at least ten days prior to the display. The ordinance authorizes the establishment of fees in the Board of Commissioners' Approved Fee Schedule for pyrotechnics display permits, and penalizes violations of the requirements of the ordinance. The ordinance does not impact private use of pyrotechnics. Chapter 33 of the North Carolina Fire Prevention Code contains additional restrictions on the display of pyrotechnics and is applicable in Orange County. Chapter 33 may be viewed at http://ecodes.biz/ecodes support/free resources/2012NorthCarolina/Fire/PDFs/Chapter%2033%20- %20Explosives%20and%20Fireworks.pdf. FINANCIAL IMPACT: Indirect costs associated with ordinance enforcement. SOCIAL JUSTICE IMPACT: There is no Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1. Deliberate as necessary on the proposed amendments; and 2. Adopt the pyrotechnics display provisions into the Orange County Code of Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode. 2 ORD-2016-010 Attachment 1 Section.24-4.-Regulating the Display of Pyrotechnics. (a) The county fire marshal is hereby granted the authority,given to the board of county commissioners by G.S.§14-413,to issue permits for the display of pyrotechnics,explosives,and fireworks within the county.The fire marshal shall inform the county manager and Sheriff upon any such application with an informative memo,copy of said application,and a copy of the fire safety plan for any event. (b) No person shall engage in the display of pyrotechnics,explosives,or fireworks without first completing an application and obtaining a permit from the fire marshal thirty(30)days in advance of such display.The names and addresses of all operators must appear on the application and they must be approved by the fire marshal before any display of pyrotechnics or of any explosive or firework. The fee for a permit authorized by this Section shall be established by the Board of County Commissioners in the annual Commissioner Approved Fee Schedule. (c) The fire marshal shall issue the permit after all requirements of Chapter 33 of the North Carolina State Fire Prevention Code have been met,the appropriate fees paid and the applicant has posted a bond or certificate of insurance.The bond or certificate of insurance shall be in the amount of at least five hundred thousand dollars($500,000.00)to cover damages to real or personal property and an additional five hundred thousand dollars($500,000.00)to cover damages for personal injuries. (d) At least ten(10)days prior to any pyrotechnic,explosive,and/or fireworks event or display any applicant for a permit required by this Section shall notify the owners of all properties within a one thousand(1000)foot radius of the property on which the pyrotechnic,explosive,and/or fireworks event or display is to be conducted. Such notice shall be in writing and shall be accomplished by United States Mail,return receipt requested,and by a posting on the property on which the event or display is to occur. (e)Any person violating any provision of this Section shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars($500.00)and/or imprisonment for not more than thirty(30) days.Violators may be subject to a civil penalty of five hundred dollars($500.00)per violation to be recovered in the nature of debt if not paid within(30)days. 3 RES-2016-014 Attachment 2 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 24 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the State of North Carolina authorizes counties to regulate the display of pyrotechnics through North Carolina General Statute 14-413; and WHEREAS, the display of pyrotechnics is an inherently dangerous activity that can threaten the health, life, safety, and welfare of individuals in the vicinity of such display; and WHEREAS, in order to protect the health, life, safety, and welfare of individuals engaged in the display of pyrotechnics and that of individuals located in and around areas in which pyrotechnics are displayed it is appropriate to establish regulations for the safe display of pyrotechnics and notice thereof; and WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of the citizens and residents of Orange County, hereby determines that Chapter 24 of the Orange County Code of Ordinances should be amended to regulate the display of pyrotechnics. NOW THEREFORE BE IT RESOLVED AND ORDAINED, that the Code of Ordinances, Orange County, North Carolina, Chapter 24, is hereby amended by adding a section to be numbered 24-4, which section reads as shown in the attached revised ordinance to regulate the display of pyrotechnics in Orange County. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this day of , 2016. By: Attest: Earl McKee, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL]