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ORANGE COUNTY 1 <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: February 16, 2016 <br /> Action Agenda <br /> Item No. 6-g <br /> SUBJECT: Amendment to the Orange County Code of Ordinances — Display of <br /> Pyrotechnics Ordinance <br /> DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) N <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Draft Ordinance John Roberts, (919) 245-2318 <br /> 2. Adoption Resolution <br /> PURPOSE: To consider the adoption of rules regulating the display of pyrotechnics in Orange <br /> County. <br /> BACKGROUND: The Board of County Commissioners has previously discussed the issues of <br /> the noise associated with and concern and distress created by pyrotechnics displays and the <br /> need for notice thereof. In the fall of 2015, the Sheriff, Fire Marshal, Planning Staff, Deputy <br /> County Manager, and County Attorney met to discuss the issues created by large scale <br /> pyrotechnics displays and solutions for those issues. Among the proposed solutions was the <br /> creation of a permitting process and notice requirements both for the permit issuer and for the <br /> applicant. <br /> As written the ordinance delegates to the Fire Marshal the authority granted the County in North <br /> Carolina General Statute 14-413 regarding public exhibitions of pyrotechnics. The ordinance <br /> requires the Fire Marshal to notify the Sheriff and County Manager when applications for <br /> pyrotechnics displays are received. It also requires the applicant for a display permit to notify <br /> surrounding property owners at least ten days prior to the display. The ordinance authorizes the <br /> establishment of fees in the Board of Commissioners' Approved Fee Schedule for pyrotechnics <br /> display permits, and penalizes violations of the requirements of the ordinance. The ordinance <br /> does not impact private use of pyrotechnics. <br /> Chapter 33 of the North Carolina Fire Prevention Code contains additional restrictions on the display <br /> of pyrotechnics and is applicable in Orange County. Chapter 33 may be viewed at <br /> http://ecodes.biz/ecodes support/free resources/2012NorthCarolina/Fire/PDFs/Chapter%2033%20- <br /> %20Explosives%20and%20Fireworks.pdf. <br /> FINANCIAL IMPACT: Indirect costs associated with ordinance enforcement. <br /> SOCIAL JUSTICE IMPACT: There is no Social Justice Goal impact associated with this item. <br /> RECOMMENDATION(S): The Manager recommends that the Board: <br /> 1. Deliberate as necessary on the proposed amendments; and <br /> 2. Adopt the pyrotechnics display provisions into the Orange County Code of Ordinances, <br /> authorize the Chair to sign the attached Resolution of Adoption, and authorize the County <br /> Attorney to make any minor non-substantive changes or corrections that may be <br /> necessary prior to submission of the amendment to Municode. <br />