Restrictions on Fireworks Use in North Palm Beach Florida
Restrictions on Fireworks Use in North Palm Beach Florida
The Issue
If you Agree and want to enact a change. Sign The Petition and Share IT !
On December 31 2020 my sweet girl Halia was killed by the irresponsible use of fireworks in North Palm Beach.This isn't solely about her but all the dangers associated with their use in our community.
In April of 2020 Governor DeSantis signed the law 2020 SB 140 which provides an exemption from the prohibition of fireworks usage during designated holidays. The designated holidays are July 4th, New Year’s Eve, and New Year’s Day .What would make any of those days safer? This Fourth of July a 55-year-old father of seven and a 29 yr old man died after lighting Fourth of July fireworks in Riviera Beach. We'd say these three days are the most dangerous days of the year. Regardless of it being legal on 3 or 365 days does not change the impact it has on many residents, animals and the environment in our community. Because of the change in the State Law more people now think they can shoot them off whenever they please when in fact it is a criminal offense which can be punished by up to a year in jail and or $1,000. fine. .Newly adopted section 791.08, Florida Statutes, establishes an exemption from the general prohibition found in section 791.02 and allows the use of fireworks on the designated holidays of New Year’s Day, Independence Day and New Year’s Eve. Chapter 2007-67, Laws of Florida prohibited local governments from regulating fireworks unless they had ordinances in place on March 8, 2007
North Palm Beach and all other local governments are preempted from regulating fireworks on the designated holidays pursuant to section 791.001, Florida Statutes and 2007-67, Laws of Florida.
Wellington Florida drafted a bill to ban the use and sale of fireworks within the 10,000 plus acre equestrian preserve (Roughly 18 sq miles) to protect its valuable horses from fireworks. This was their sole reason for the request and did not mention any of the other effects on people, pets and the environment It was sent to the 2021 state legislature where it was unanimously passed.We are requesting that our local government also draft a bill and submit it to the state legislature.
A lot of promises have been made by the North Palm Beach Village Council and NOTHING had been done.
Loud Noise and flashes emitting from fireworks are detrimental to more than just our animal companions. People in seniors homes, PTSD sufferers, Dementia/Alzheimer's, Autism, as well as those suffering from respiratory or anxiety and cardiac issues,. Wild animals and the environment are also negatively affected by these "celebrations".
North Palm Beach is a prime nesting site for endangered Sea Turtles.. Large numbers of loggerhead, green and leatherback turtles nest here from early May through August. These beautiful creatures have enough odds against them and we don't need to decrease their chance of survival.When the fireworks start, false crawls increase, and nesting decreases .The debris from fireworks is a hazard for turtles during the peak of turtle nesting season and also affects other marine life. Large aggregations of manatees also inhabit our area during the winter months. In fact, there have been multiple manatee releases this year at Anchorage Park in North Palm Beach. To produce the oxygen needed for an explosion, many fireworks contain oxidizers known as perchlorates. These dissolve in water, contaminating rivers, lakes and drinking water. This year the death rate of Manatees is 3x the normal. Fifteen percent of the entire population in Florida have perished from starvation .Environmentalists have determined the the loss of the seagrass beds and other food sources is directly due to pollution entering the water. They are literally starving to death . The town of Jupiter denied a permit for a 5-minute display at a wedding solely to avoid any additional contamination of the seagrass beds in the area. Now Multiply that 5 minute display by a number in the tens of thousands and that's what North Palm Beach is allowing. Researchers have also determined loud noises from fireworks affect the frequencies manatees rely on to avoid boats and communicate amongst one another.
According to Florida Audubon, Florida's coastal communities are home to east Terns, Black Skimmers, Wilson’s Plovers, Snowy Plovers, and American Oystercatchers. Loud fireworks can cause these birds to panic and abandon their nest, leaving chicks to scatter and exposing them to predators. These displays often leave chicks starving, eaten or overheating.
Florida Audubon warns people that the debris from the fireworks litter the waterways and beach and can be mistakenly eaten by sea turtles, chicks and other marine in animals.
They recommend attending a municipal fireworks show instead of deploying personal fireworks.
The danger of injury and damage to personal property are highly elevated by the use of fireworks by the public.
Darrel Donatto, fire chief for the Town of Palm Beach and president of the Florida Fire Chiefs’ Association, is against expanding the use of fireworks, fearing they will lead to even more injuries, deaths and fires“We feel we have a duty to protect the public to the greatest extent we can,” Donatto said. “We don’t think that fireworks, when not used by people who are qualified, or not used properly, are safe.”. injuries have increased by 66% by allowing unregulated use.
Also, your homeowners insurance will NOT cover you for any damages and law suits for injury to others property or person.
Fireworks contain a variety of chemicals, many of which are toxic to humans. From the gunpowder that fuels their flight to the metallic compounds that create their color. They contain carcinogenic or hormone-disrupting substances that can make its way into soil and water, debris litters to the ground or into the sea, affecting wildlife, and they leave behind smoke that hangs in the sky for quite sometime afterwards, which is inhaled by people and animals. Not one single public health organization endorses the use of fireworks. You may ask yourself so how was a law like this passed ? Obviously it's Strictly about the money and not the welfare of the public.
Although the law allows legal of fireworks on these specified days, it clearly states that it shall not supersede any local laws and or ordinances yet the state won't allow them to be enforced. A large percentage of these fireworks being sold and used strictly violate North Palm Beach's Noise Ordinance 19-99 sections (c ) (d)
19-99.
(c)For noise emanating from property with a residential zoning designation, unreasonable noise shall be defined as noise that is plainly audible one hundred and fifty (150) feet from the property boundary of the source of the sound or noise, measured on a horizontal plane. Notwithstanding the foregoing, noise shall be considered unreasonable when it is plainly audible through the external walls and fully closed windows and doors of a residential structure or through walls, floors or partitions common to two (2) residential units located within a single structure
(d)Noise shall be measured from the property boundary closest to the source of noise with a sixty (60) second reading. Where the property boundary abuts a waterway, the property boundary shall be considered the opposite side of the waterway and not the actual seawall or bulkhead.
Sec. 19-101. - Exemptions.
The provisions of the noise control ordinance shall not apply to:
(4)
Road festivals, parades, fireworks displays and special events for which, where applicable, an appropriate permit has been obtained from the village in compliance with any conditions imposed by that permit and within the permitted area and any privately owned property located contiguous with any public right-of-way that is closed pursuant to a parade, road festival, or special event permit;
North Port Florida, Marco Island and other localities have enforced regulations in place prior to the March 2007 cutoff and we feel our people, pets and wildlife are priceless and deserve the same protection.
We cannot allow State Law to ignore the guidelines our local officials have worked diligently on to protect the quality of life for the members of our community . What are we insisting? To introduce legislation that would limit the use to public displays using silent fireworks or drone shows.Any public use only within certain hours. The fact that it's an all day and all night event which goes on weeks before and after holidays is unacceptable to many residents in our community.
https://forms.gle/Ua8NtGs2YfhTg6dV8
1,170
The Issue
If you Agree and want to enact a change. Sign The Petition and Share IT !
On December 31 2020 my sweet girl Halia was killed by the irresponsible use of fireworks in North Palm Beach.This isn't solely about her but all the dangers associated with their use in our community.
In April of 2020 Governor DeSantis signed the law 2020 SB 140 which provides an exemption from the prohibition of fireworks usage during designated holidays. The designated holidays are July 4th, New Year’s Eve, and New Year’s Day .What would make any of those days safer? This Fourth of July a 55-year-old father of seven and a 29 yr old man died after lighting Fourth of July fireworks in Riviera Beach. We'd say these three days are the most dangerous days of the year. Regardless of it being legal on 3 or 365 days does not change the impact it has on many residents, animals and the environment in our community. Because of the change in the State Law more people now think they can shoot them off whenever they please when in fact it is a criminal offense which can be punished by up to a year in jail and or $1,000. fine. .Newly adopted section 791.08, Florida Statutes, establishes an exemption from the general prohibition found in section 791.02 and allows the use of fireworks on the designated holidays of New Year’s Day, Independence Day and New Year’s Eve. Chapter 2007-67, Laws of Florida prohibited local governments from regulating fireworks unless they had ordinances in place on March 8, 2007
North Palm Beach and all other local governments are preempted from regulating fireworks on the designated holidays pursuant to section 791.001, Florida Statutes and 2007-67, Laws of Florida.
Wellington Florida drafted a bill to ban the use and sale of fireworks within the 10,000 plus acre equestrian preserve (Roughly 18 sq miles) to protect its valuable horses from fireworks. This was their sole reason for the request and did not mention any of the other effects on people, pets and the environment It was sent to the 2021 state legislature where it was unanimously passed.We are requesting that our local government also draft a bill and submit it to the state legislature.
A lot of promises have been made by the North Palm Beach Village Council and NOTHING had been done.
Loud Noise and flashes emitting from fireworks are detrimental to more than just our animal companions. People in seniors homes, PTSD sufferers, Dementia/Alzheimer's, Autism, as well as those suffering from respiratory or anxiety and cardiac issues,. Wild animals and the environment are also negatively affected by these "celebrations".
North Palm Beach is a prime nesting site for endangered Sea Turtles.. Large numbers of loggerhead, green and leatherback turtles nest here from early May through August. These beautiful creatures have enough odds against them and we don't need to decrease their chance of survival.When the fireworks start, false crawls increase, and nesting decreases .The debris from fireworks is a hazard for turtles during the peak of turtle nesting season and also affects other marine life. Large aggregations of manatees also inhabit our area during the winter months. In fact, there have been multiple manatee releases this year at Anchorage Park in North Palm Beach. To produce the oxygen needed for an explosion, many fireworks contain oxidizers known as perchlorates. These dissolve in water, contaminating rivers, lakes and drinking water. This year the death rate of Manatees is 3x the normal. Fifteen percent of the entire population in Florida have perished from starvation .Environmentalists have determined the the loss of the seagrass beds and other food sources is directly due to pollution entering the water. They are literally starving to death . The town of Jupiter denied a permit for a 5-minute display at a wedding solely to avoid any additional contamination of the seagrass beds in the area. Now Multiply that 5 minute display by a number in the tens of thousands and that's what North Palm Beach is allowing. Researchers have also determined loud noises from fireworks affect the frequencies manatees rely on to avoid boats and communicate amongst one another.
According to Florida Audubon, Florida's coastal communities are home to east Terns, Black Skimmers, Wilson’s Plovers, Snowy Plovers, and American Oystercatchers. Loud fireworks can cause these birds to panic and abandon their nest, leaving chicks to scatter and exposing them to predators. These displays often leave chicks starving, eaten or overheating.
Florida Audubon warns people that the debris from the fireworks litter the waterways and beach and can be mistakenly eaten by sea turtles, chicks and other marine in animals.
They recommend attending a municipal fireworks show instead of deploying personal fireworks.
The danger of injury and damage to personal property are highly elevated by the use of fireworks by the public.
Darrel Donatto, fire chief for the Town of Palm Beach and president of the Florida Fire Chiefs’ Association, is against expanding the use of fireworks, fearing they will lead to even more injuries, deaths and fires“We feel we have a duty to protect the public to the greatest extent we can,” Donatto said. “We don’t think that fireworks, when not used by people who are qualified, or not used properly, are safe.”. injuries have increased by 66% by allowing unregulated use.
Also, your homeowners insurance will NOT cover you for any damages and law suits for injury to others property or person.
Fireworks contain a variety of chemicals, many of which are toxic to humans. From the gunpowder that fuels their flight to the metallic compounds that create their color. They contain carcinogenic or hormone-disrupting substances that can make its way into soil and water, debris litters to the ground or into the sea, affecting wildlife, and they leave behind smoke that hangs in the sky for quite sometime afterwards, which is inhaled by people and animals. Not one single public health organization endorses the use of fireworks. You may ask yourself so how was a law like this passed ? Obviously it's Strictly about the money and not the welfare of the public.
Although the law allows legal of fireworks on these specified days, it clearly states that it shall not supersede any local laws and or ordinances yet the state won't allow them to be enforced. A large percentage of these fireworks being sold and used strictly violate North Palm Beach's Noise Ordinance 19-99 sections (c ) (d)
19-99.
(c)For noise emanating from property with a residential zoning designation, unreasonable noise shall be defined as noise that is plainly audible one hundred and fifty (150) feet from the property boundary of the source of the sound or noise, measured on a horizontal plane. Notwithstanding the foregoing, noise shall be considered unreasonable when it is plainly audible through the external walls and fully closed windows and doors of a residential structure or through walls, floors or partitions common to two (2) residential units located within a single structure
(d)Noise shall be measured from the property boundary closest to the source of noise with a sixty (60) second reading. Where the property boundary abuts a waterway, the property boundary shall be considered the opposite side of the waterway and not the actual seawall or bulkhead.
Sec. 19-101. - Exemptions.
The provisions of the noise control ordinance shall not apply to:
(4)
Road festivals, parades, fireworks displays and special events for which, where applicable, an appropriate permit has been obtained from the village in compliance with any conditions imposed by that permit and within the permitted area and any privately owned property located contiguous with any public right-of-way that is closed pursuant to a parade, road festival, or special event permit;
North Port Florida, Marco Island and other localities have enforced regulations in place prior to the March 2007 cutoff and we feel our people, pets and wildlife are priceless and deserve the same protection.
We cannot allow State Law to ignore the guidelines our local officials have worked diligently on to protect the quality of life for the members of our community . What are we insisting? To introduce legislation that would limit the use to public displays using silent fireworks or drone shows.Any public use only within certain hours. The fact that it's an all day and all night event which goes on weeks before and after holidays is unacceptable to many residents in our community.
https://forms.gle/Ua8NtGs2YfhTg6dV8
1,170
The Decision Makers
Petition created on January 31, 2021