Ordinance 2025-4696 ORDINANCE NO. 2025-4696
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "FIRE
PREVENTION AND PROTECTION," BY AMENDING SECTION 50-10
THEREOF, ENTITLED "OTHER PERMITS AND REVIEWS," BY
PROHIBITING THE ISSUANCE OF FIREWORKS PERMITS FOR
THE DISPLAY, USE, OR DISCHARGE OF FIREWORKS IN
BISCAYNE BAY OR IN ANY RESIDENTIAL AREA IN THE CITY;AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, Biscayne Bay is a vital ecological resource for the City of Miami Beach,
serving as a critical habitat for a wide variety of marine life, including endangered species, and
supporting the region's overall environmental health and biodiversity; and
WHEREAS, Biscayne Bay is also essential to the cultural and economic vitality of the City
of Miami Beach, attracting residents and visitors alike with its natural beauty and recreational
opportunities, and contributing to the City's economy through tourism and marine activities; and
WHEREAS, the use, display, and discharge of fireworks have been shown to release
harmful chemicals (sulphur, copper and lithium to name a few), debris (including paper casings,
plastics and metallic materials), and pollutants into the air and water, posing significant risks to
marine ecosystems, including water contamination and harm to aquatic life disrupting their natural
behaviors and polluting their habitat; and
WHEREAS, the discharge of fireworks in residential areas has also been associated with
public safety concerns, including fire hazards, property damage, and noise pollution that
adversely affect the quality of life of residents and the well-being of pets and wildlife; and
WHEREAS, in a Letter to Commission ("LTC")dated February 13, 2024, the Marine and
Waterfront Protection Authority("MWPA")"strongly recommends that the City Commission enact
an ordinance to ban these fireworks displays. Such action is critical to safeguarding Biscayne
Batts environmental health and the well-being of our community;" and
WHEREAS, the City of Miami Beach is committed to sustainability, environmental
stewardship, and the protection of its natural resources, including the preservation of Biscayne
Bay and the promotion of environmentally responsible practices; and
WHEREAS, regulating the use of fireworks within the City's territorial jurisdiction aligns
with the City of Miami Beach's goals to safeguard public health, safety, and welfare, and to
preserve the ecological integrity of Biscayne Bay and the residents'quality of life in its residential
areas.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the section of the City Code relating to other permits and reviews, as such
Ordinance is codified in section 50-10 of the City Code, be amended as follows and as
hereinafter set forth below:
CHAPTER 50
FIRE PREVENTION AND PROTECTION
Sec. 50-10. - Other permits and reviews.
(a) Fire permits. A fire permit is required for installation, modification, or deletion of any
component of a fire detection or protection system. A fire permit is issued by the fire
marshal and processed by the building department for components or systems designed
for smoke detection, fire alarm, fire protection or fire suppression or similar systems. A
fee for the plan review, acceptance test, and inspection of work under a fire permit will
be charged as specified in appendix A to include services provided by fire department
staff.
(b) Hydrant flow test. Upon a request from an applicant,a hydrant flow test will be performed
by fire department personnel and results provided to the applicant within a reasonable
time after receipt of request.A now test may not be performed whenever the city, county,
or state has any water flowing restrictions imposed on the water supply of the City of
Miami Beach.A fee will be charged for each flow test as specified in appendix A.
(c) Occupant content sign. Owners, managers, or operators of any assembly occupancy in
the City of Miami Beach must obtain an occupant content sign issued by the fire marshal
and processed by the building department. A fee for plan review and inspection related
to the occupant content sign will be charged as specified in appendix A.
(d) Pyrotechnic displays permit. Any person or entity using, storing, or displaying
pyrotechnic devices indoor or outdoor of any facility within the City of Miami Beach must
first obtain a permit issued by the fire department.A fee for plan review and inspection
will be charged as specified in appendix A.Additional fee will be charged for staffing of
fire department personnel as determined by the fire chief.Any person or entity who does
not obtain a permit, provides false information in order to obtain the permit, or who
violates any provision in said permit will be charged a fine equal to the double fee as
specified in subsection 50-3(d).
(a) Fireworks permit. Any person or entity using, storing, or displaying fireworks for private
or public display within the City of Miami Beach must first obtain a permit issued by the
fire department. A fee for plan review and inspection will be charged as specified in
appendix A. Additional fee will be charged for staffing of fire department personnel as
determined by the fire chief.Any person or entity who does not obtain a permit, provides
false information in order to obtain the permit,or who violates any provision in said permit
will be charged a fine equal to the double fee as specified in subsection 50-3(d).
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Other than for New Year's Day. January 1; Independence Day, July 4; and New Year's
Eve December 31 no fireworks permit shall be issued for the display use or discharge
of fireworks in the following locations within the City's iurisdiction:
1) Any portion of Biscayne Bay: or
2) Anv residential area.
(f) Open burning permit. Any person or entity engaged in open burning activity must first
obtain a permit issued by the fire department. A fee for plan review and inspection will
be charged as specified in appendix A. Additional fee will be charged for staffing of fire
department personnel as determined by the fire chief. Any person or entity who does
not obtain a permit, provides false information in order to obtain the permit, or who
violates any provision in said permit will be charged a fine equal to the double fee as
specified in subsection 50-3(d).
(g) Bonfire permit. Any person or entity engaged in a bonfire activity must first obtain a
permit issued by the fire department.Afee for plan review and inspection will be charged
as specified in appendix A. Additional fee will be charged for staffing of fire department
personnel as determined by the fire chief. Any person or entity who does not obtain a
permit, provides false information in order to obtain the permit, or who violates any
provision in said permit will be charged a fine equal to the double fee as specified in
subsection 50-3(d).
(h) Special events. All special events permits issued by the City of Miami Beach must be
reviewed and approved by the fire department. A fee for the plan review and inspection
of each special event will be charged to the applicant as specified in appendix A.
(i) Trade shows. All trade shows or public events taking place at the Miami Beach
Convention Center or other public facility must be reviewed and approved by the fire
department. A fee for plan review and inspection will be charged to the applicant as
specified in appendix A.
(j) Sidewalk cafe permits. All sidewalk cafes must be approved by the fire department
before a permit is issued by the city. A fee for plan review and inspection will be charged
as specified in appendix A.
(k) Special magistrate. Special magistrate cases such as mitigation of fines requiring
research and testimony of fire department personnel will be charged a fee to the
applicant as specified in appendix A.
(I) Documents. Requests for copies of fire department records, inspection reports, logs, or
similar documents maintained by the fire marshal's office will be charged a fee as
specified in appendix A.
(m) Adjusted rates. The rates in appendix A pertaining to this section will be administratively
adjusted annually to reflect increase(s)or decrease(s) in Consumer Price Index for all
urban consumers CPI-U.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remaindershall not be affected by such Invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect on the day of nK ru4_— ✓T—. 2025.
PASSED AND ADOPTED this 3 day of Febr116{y , 2024.
ATTEST: G� ..Gn�
;{ teven Meiner, Mayor
Ii
Rafael E Granado,City Clerk
Underline denotes additions.
StRksN+redgh denotes deletions.
(Sponsored by Vice-Mayor Tanya K. Shaft and Commissioner Laura Dominguez)
APPROVED AS TO
FORM& LANGUAGE
&F EXECUTION
I Z,j 3)-.102f—
CityAtorney Date
4
Ordinances— IRS J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: February 3, 2025 10.10 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "FIRE PREVENTION AND
PROTECTION' BY AMENDING SECTION 50-10 THEREOF, ENTITLED "OTHER
PERMITS AND REVIEWS," BY PROHIBITING THE ISSUANCE OF FIREWORKS
PERMITS FOR THE DISPLAY, USE, OR DISCHARGE OF FIREWORKS IN
BISCAYNE BAY OR IN ANY RESIDENTIAL AREA IN THE CITY; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
ANALYSIS
The proposed Ordinance, sponsored by Vice-Mayor Tanya K. Bhatt and Commissioner Laura
Dominguez, is submitted for consideration by the Mayor and City Commission.
Biscayne Bay is a vital ecological resource for the City of Miami Beach,serving as a critical habitat
for a wide variety of marine life, including endangered species, and supporting the region's overall
environmental health and biodiversity. Moreover, Biscayne Bay is also essential to the cultural
and economic vitality of the City, attracting residents and visitors alike with its natural beauty and
recreational opportunities, and contributing to the City's economy through tourism and marine
activities.
The use, display, and discharge of fireworks have been shown to release harmful chemicals
(sulphur,copper and lithium to name a few), debris(including paper casings, plastics and metallic
materials), and pollutants into the air and water, posing significant risks to marine ecosystems,
including water contamination and harm to aquatic life disrupting their natural behaviors and
polluting their habitat. Additionally, the discharge of fireworks in residential areas has also been
associated with public safety concerns, including fire hazards, property damage, and noise
pollution that adversely affect the quality of life of residents and the well-being of pets and wildlife.
In a Letter to Commission ('LTC")dated February 13, 2024, the Marine and Waterfront Protection
Authority ('MWPA")"strongly recommended that the City Commission enact an ordinance to ban
these fireworks displays, determining such action to be critical in safeguarding Biscayne Bay's
environmental health and the well-being of our community.
Page 1103 of 1859
The City has a long-standing commitment to sustainability, environmental stewardship, and the
protection of its natural resources, including the preservation of Biscayne Bay and the promotion
of environmentally responsible practices.
If adopted, the proposed Ordinance would prohibit the issuance of fireworks permits for fireworks
to be displayed, used, or discharged in Biscayne Bay or in any residential area of the City, except
for fireworks to be displayed, used, or discharged on New Year's Day, Jan. 1; Independence Day,
July 4; and New Year's Eve, Dec. 31. In regulating the use of fireworks within these areas of the
City's territorial jurisdiction, the proposed Ordinance aligns with the City's goals of safeguarding
public health, safety, and welfare, and preserving the ecological integrity of Biscayne Bay and the
residents' quality of life in its residential areas.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate(BIE)was published on: MUMS
See BIE at: httos:/Iwww.miamibeachfl aov/city-hall/cityclerk/meetina-noticesl
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riaht to Know" item. Is this item related to a G.O. Bond
Pursuant to City Code Section 2-17? Proiect?
No No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec 2481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Soonsorls)
Commissioner Tanya K. Bhatt
Commissioner Laura Dominguez
Page 1104 of 1859
Co-saonsorls)
Condensed Title
10:10 a . 2^° Rdg, Prohibit Fireworks Permits for Biscayne Bay/Residential Areas. (TB/LD) CA
Page 1105 of 1859