City attorney: Hallandale Beach code prohibits fireworks; enforcement faces practical limits

Hallandale Beach’s municipal code prohibits the use of fireworks within city limits unless authorized by the city manager, the city attorney told the commission on Jan. 8; the transcript shows staff and commissioners then discussed enforcement and public education.

City Attorney (identified in the meeting only by title) said state law on fireworks has an unusual structure that permits statewide use on New Year’s Eve and July 4, but also allows municipalities to maintain more restrictive ordinances that predate the state law. Hallandale Beach’s prohibition dates to 1980 and remains in force, the attorney said. The city manager’s office reported it did not find a prior signed city-manager policy authorizing fireworks on those dates.

Commissioners and staff discussed enforcement practicality. The city attorney noted municipal prosecutions are resource intensive and that the city’s prosecution office handles relatively few ordinance cases annually; an influx of hundreds of fireworks citations around holidays would stretch capacity. She said citations with adequate evidence can be prosecuted in county court, but that evidence often requires officers to witness the violation or to collect reliable video and other documentation.

Commissioner Butler said the Jan. 1 incident on a neighborhood street had caused property damage and noted residents recorded video; he and others said they wanted greater clarity for residents and stronger messaging that fireworks are prohibited. Commissioner Adams asked whether property trespass and damage would be separate legal avenues; the attorney confirmed trespass and property-damage claims would be handled under different legal standards.

City Manager Dr. Earl and public-safety staff said officers have discretion in field responses and acknowledged the difficulty of broad enforcement during holiday periods when many incidents occur simultaneously. Staff suggested focusing on public education, clarifying any permit process and reminding residents that targeted enforcement and prosecutions remain possible in egregious cases.

The commission discussed options including (1) formalizing a clear permit and review policy under existing code by delegating the city manager’s authority to a permit workflow; (2) leaving the current prohibition in place and increasing public messaging; or (3) amending the municipal code if the commission wants to carve out specific allowance days by ordinance. No ordinance change was proposed or voted on at the meeting; commissioners asked staff to follow up with clearer public guidance and a review of any internal, signed permitting policies.