HomeMy WebLinkAboutAgenda - 03-01-2016 - 7-b - Amendment to the Orange County Code of Ordinances – Large Scale Display of Pyrotechnics Ordinance 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 1, 2016
Action Agenda
Item No. 7-b
SUBJECT: Amendment to the Orange County Code of Ordinances — Large Scale Display
of Pyrotechnics Ordinance
DEPARTMENT: County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
1. Draft Ordinance John Roberts, (919) 245-2318
2. Adoption Resolution
PURPOSE: To consider the adoption of rules regulating the large scale display of pyrotechnics
in Orange County (with the proposed rules having no impact on the small scale private use of
pyrotechnics).
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 Commissioner Approved Fee Schedule for pyrotechnics display
permits, and penalizes violations of the requirements of the ordinance. The ordinance does not
impact the small scale 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
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2. Either adopt the large scale 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;
OR
Direct staff to develop and advertise a process to receive public input and comments
regarding the adoption of rules regulating the large scale display of pyrotechnics in
Orange County.
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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.Such permit shall be secured by the owner of the property on which the
display is to occur. The fire marshal shall inform the county manager and Sheriff upon any application
for such permit with an informative memo,copy of the application,and a copy of the fire safety plan for
any event.
(b) No person shall engage in the public display of pyrotechnics,explosives,or fireworks as
described in G.S.§14-413,without first completing an application and obtaining a permit,required by
24-4(a)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 applicable 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. The fire marshal is authorized to immediately revoke any permit if the permittee fails to
complete the notice requirements of this subsection.
(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.
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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]