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82-O-11ORDINANCE 82-0-11 AN ORDINANCE REGULATING THE SALE AND USE OF /, FIREWORKS WITHIN THE CITY OF EDGEWATER, TO // INCLUDE S AND SMOKE li0(� BOMBS WITHIN THE LIST OF FIREWORKS PRESENTLY DEFINED BY STATE LAW; DECLARING SAME TO BE PUNISHABLE AS A MISDEMEANOR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. n/ WHEREAS, THE City Council has determined that ga-gasty smoke bombs, because of the explosive composition of such devices, are the cause of fires within the City of Edgewater, Florida, and imposes a potential danger to children who would use them, and WHEREAS, the City Council believes it is the best interest of the citizens of the City of Edgewater, Florida, to prohibit their sale or use within the City of Edgewater, Florida. NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. The term "fireworks" shall mean and include any com- bustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combust- ion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, ,peppesa and smoke bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. SECTION 2. The term "fireworks" shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths gram f explosive mixture, the sale and use of which shall be permitted at a10times. SECTION 3. Any firm, co -partnership, corjppration. or: person who possesses, selAs,or uses, fireworks within the City of Edgewater shall be guilty of a misdemeanor in the second degree and punishable as pro- vided by law. o SECTION 9. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 5. That this ordinance shall take effect immediately upon its adopt -on by the City Council. The ordinance was introduced by Mr. �0 hCAk a h The first reading of the above ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at the regular meeting of said Council held on the day of March, 1982, and approved as provided by law. The second reading of the ordinance to be at a regular meeting of the City Council of he City of Edgewater, Florida to be held on the � day of 1982. /I J The vote on the above and foregoing Ordinance No.92.-L-11 following first Reading thereof was as Ledbetter 20NE THR�CUNCLMAN Wilbert Pendleton i E FOUR CO VC LNAN ' 4 Jo n Wilbur The roll call vote on second reading of the ordinance, fo io ng a duly advertised public hearing was as foll s: MAYOR Robert ri 4 E ONE CO CILMAN acob Lodi o � David Ledbetter ZONE THREE COUNCILMAN(/ L Wilbert Pendleton E POUR COUNCILMAN n Wilbur ✓✓✓ TTEST: CITY CLEF K +F,�1�{ Auth ticate this of � � �, MAY Approve or le lity rid form: Wm. C en erson , CITY TTORNEY