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6 <br /> 1 Commissioner Rich did not agree to accept the friendly amendment. <br /> 2 <br /> 3 Friendly amendment failed. <br /> 4 <br /> 5 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to add <br /> 6 an amendment to the original motion to add two members in the Chamber slot, one from each <br /> 7 end of the County. <br /> 8 <br /> 9 VOTE: Ayes, 6; Nays, 1 (Commissioner Rich) <br /> 10 <br /> 11 Vote on amended motion. <br /> 12 <br /> 13 VOTE: UNANIMOUS <br /> 14 <br /> 15 b. Amendment to the Orange County Code of Ordinances — Large Scale Display of <br /> 16 Pyrotechnics Ordinance <br /> 17 The Board considered: 1. Deliberating as necessary on the proposed amendments; and <br /> 18 2. Either adopt the large scale pyrotechnics display provisions into the Orange County Code of <br /> 19 Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the <br /> 20 County Attorney to make any minor non-substantive changes or corrections that may be <br /> 21 necessary prior to submission of the amendment to Municode; OR, direct staff to develop and <br /> 22 advertise a process to receive public input and comments regarding the adoption of rules <br /> 23 regulating the large scale display of pyrotechnics in Orange County. <br /> 24 <br /> 25 BACKGROUND: <br /> 26 The Board of County Commissioners has previously discussed the issues of the noise <br /> 27 associated with and concern and distress created by pyrotechnics displays and the need for <br /> 28 notice thereof. In the fall of 2015 the Sheriff, Fire Marshal, Planning Staff, Deputy County <br /> 29 Manager, and County Attorney met to discuss the issues created by large scale pyrotechnics <br /> 30 displays and solutions for those issues. Among the proposed solutions was the creation of a <br /> 31 permitting process and notice requirements both for the permit issuer and for the applicant. <br /> 32 <br /> 33 As written the ordinance delegates to the Fire Marshal the authority granted the County in North <br /> 34 Carolina General Statute 14-413 regarding public exhibitions of pyrotechnics. The ordinance <br /> 35 requires the Fire Marshal to notify the Sheriff and County Manager when applications for <br /> 36 pyrotechnics displays are received. It also requires the applicant for a display permit to notify <br /> 37 surrounding property owners at least ten days prior to the display. The ordinance authorizes the <br /> 38 establishment of fees in the Commissioner Approved Fee Schedule for pyrotechnics display <br /> 39 permits, and penalizes violations of the requirements of the ordinance. The ordinance does not <br /> 40 impact the small-scale private use of pyrotechnics. <br /> 41 <br /> 42 John Roberts said this amendment originated because of an event that occurred many <br /> 43 months ago. He said the BOCC was informed that the display was legally operated and the <br /> 44 State is primarily responsible for regulating fireworks displays. He said the Board directed staff <br /> 45 to look at noticing. He said senior staffs, the Sheriff and the Fire Marshal reviewed the topic <br /> 46 and determined that State law allows counties to permit displays of large fireworks for events, <br /> 47 concerts, fairs, etc. He said the recommendation is that there should be a 1000-foot notice <br /> 48 requirement; the property owner hosting the event must secure appropriate insurance; and that <br /> 49 each commercial display vendor must provide bonds. <br />