Message from the Chief of Police:
I was recently tagged on social media pertaining to the enforceability of (or perceived lack thereof) possession and/or discharge of fireworks in the City of Cocoa Beach. I’ve paraphrased and FL State Statute and City Ordinance below.
The Reader’s Digest version is—without a special event permit, it is unlawful to possess fireworks within City limits, and unlawful to discharge same in certain areas within City limits.
Our evening shift Officers routinely handle over 100 calls for service each busy night in the spring and summer months. This will be compounded by an inordinate number of noise/fireworks complaints in the next several days. By the end of this coming week, our property/evidence barrels will be full of confiscated fireworks, and $100 civil citations will be issued.
Please understand that PD personnel are strained by the volume of calls this time of year and are working very hard to be responsive to your needs. Thank you for your support.
Chief of Police
FSS 791.02 Sale of fireworks regulated; rules and regulations.—
(1) Except as hereinafter provided it is unlawful for any person, firm, co-partnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks;…
FSS 791.05 Seizure of illegal fireworks.—Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.
City Ord. No. 1454 (Ch. 15; Sec. 15-37) - Fireworks; prohibited on ocean public beach; exemptions.-
Fireworks shall mean any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, expulsion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, cherry bombs, sparklers and other devices of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance except that the term "fireworks" shall not include model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable airborne models and shall not include toy pistols, toy canes, toy guns or other devises in which paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times.
In the interest of the health, safety and welfare of residents and visitors and the orderly patrol of the beach areas by the city police, it shall be unlawful to discharge fireworks
(a) Within the incorporated city limits of Cocoa Beach anywhere easterly of a line five hundred (500) feet to the west of, and running parallel with, the center of dune vegetation line, or
(b) In the waters of the Atlantic Ocean within five hundred (500) feet of the mean high water line, or
(c) In any public park.
The possession of fireworks within these areas without a special event permit from the city by any person shall constitute a prima facie violation of this section. Violations of this section shall be Class III offenses as outlined in Chapter 31 of the Code of Ordinances of Cocoa Beach and forfeiture of fireworks.
(Ord. No. 1361, § 1, 8-7-2003; Ord. No. 1454, § 2, 9-6-2007)