Commission asks county attorney to draft countywide fireworks ordinance after residents report repeated late‑night use

Orange County commissioners on May 20 gave direction to county staff and the county attorney’s office to draft a countywide fireworks ordinance meant to provide additional enforcement tools against repeated, unauthorized use of fireworks in neighborhoods.

What the board asked staff to draft: County attorneys presented a proposal to adopt an ordinance that would incorporate the statutory limits on consumer fireworks under Florida Statutes chapter 791 into the county code, designate unauthorized use as a public nuisance, and establish a civil citation penalty schedule (for example, $200 for first offense, $400 second, up to $500 for third offense with mandatory court appearance). A key feature would be provisions that allow any resident to file a complaint and that authorize the sheriff’s office to issue warnings and civil citations for repeated violations.

Municipalities and permitting: County attorneys reported outreach to several municipal legal staff; an attorney representing Winter Garden, Ocoee, Belle Isle and Winter Park indicated those municipalities do not want the county ordinance applied inside their municipal limits and wish to retain their permitting processes for large public displays. The county attorney told the board the county’s ordinance could be effective countywide unless a municipality already has a directly conflicting ordinance.

Enforcement questions raised: Commissioners and staff discussed practical enforcement concerns raised by the sheriff’s office and by residents: how to prove an offense when fireworks are intermittent or when violations occur after the complaining resident is no longer at the scene. Staff said the ordinance’s design — which treats unlawful discharge as a nuisance and allows written complaints supported by video and officer investigation — is intended to give deputies additional enforcement options beyond the state statute and the county’s general noise rules.

Board direction and next steps: The board gave staff direction to draft the ordinance and return with a proposed text and a presentation at a future meeting (the county attorney suggested returning June 17). Commissioners said they want the instrument to be countywide but with clear language that cities may continue to permit large public displays through their own processes.

Why residents pushed the issue: Commissioners cited repeated public testimony and specific persistent complaints from residents upset by nighttime fireworks near residential streets; residents said repeated warnings under the existing noise code had not solved the problem. The proposed ordinance is designed to create clearer remedies for recurring unauthorized use of consumer fireworks while preserving the ability of municipalities to manage permitted large displays.