§ 10-189. Penalties and enforcement.

(a)

Any person, firm or corporation, or any agent thereof, who violates any provision of this article shall be punished and its requirements enforced as provided under section 1-7. Violations shall subject an offender to arrest pursuant to F.S. § 901.15 and prosecution and penalties specified under F.S. § 125.69. Each violation of this article constitutes a separate offense and is punishable as such.

(b)

The law enforcement agency having jurisdiction has the authority to immediately order the cessation of the sale of fireworks at any business or location that is selling fireworks without all required permits until such time as corrective action is taken and the missing permits are obtained. Upon written notification by the appropriate law enforcement agency that sales are to cease, the seller shall take appropriate action to secure its fireworks inventory immediately and to prevent the further sale by securing the fireworks in an appropriate off premises locked facility that meets state and local fire code standards. As an alternative to securing the fireworks off site, the business may cease operations until such time as the required permits are obtained and during this time store the inventory on site if the location is secure and meets state and local fire code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during any period they cease operations. Prior to resuming the sale of fireworks, the seller shall notify the authority of its intent to resume sales and of the corrective action taken.

(c)

If a seller has been convicted of a violation of this article or of F.S. ch. 791, and within 12 months of that conviction commits a new violation of this article or of F.S. ch. 791 that results in a conviction, its permit to sell fireworks under section 10-184 shall be suspended. The suspension shall be in addition to any sanction otherwise available under state law, this article or this Code. The first suspension shall be for a period of 14 days. In the event of any successive violation of this article or the provisions of F.S. ch. 791, occurring within 24 months of a suspension of permit under this section, and which successive violation results in a conviction, the seller's permit to sell fireworks shall be suspended for a period of 30 days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove their fireworks inventory from their premises and store them in a secure offsite location which meets all appropriate state and local fire codes. Alternatively, the seller may cease operations during the period of suspension if their premises are secure and otherwise meet the requirements of local and state fire codes.

(d)

For purposes of this article, a conviction includes the payment of the assessed fine by not contesting the notice of violation where there is no court appearance. A conviction includes a finding of guilt by a judge regardless of whether or not adjudication is withheld.

(e)

Responsibility for the enforcement of this article lies with the county sheriff's department, any law enforcement agency other than those whose municipality has taken action pursuant to section 10-178, and the appropriate fire administration.

(f)

Fire officials in their respective jurisdictions shall be responsible for obtaining compliance with respect to building code and permitting requirements applicable to the display, sale, storage and manufacture of fireworks and sparklers.

(h)

Nothing in this article may prevent the county from bringing a civil action or imposing civil penalties upon a violator in an appropriate case.

(Ord. No. 05-60, § 14, 12-6-05; Ord. No. 06-18, § 3, 4-11-06)