Section

Section

Section

Section

It shall be unlawful for any person to give a false alarm of fire within this city.

(Ord. 14-71, 7-26-1971)

Cross reference— Burglar and fire alarms, see § 12-13

(a)

Purpose and scope. This code shall be known as the Cape Coral Fire Prevention Code. The Cape Coral Fire Prevention Code is established to provide the City of Cape Coral with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises and open areas; providing for the abatement of fire and life safety hazards; establishing the responsibilities and procedures for code enforcement; and establishing the standards for compliance and achievement of these objectives.

(b)

Enforcement. The City of Cape Coral Fire Prevention Code shall be enforced by the Fire Chief of the City of Cape Coral Fire Department or his or her designee. Enforcement of parking violations described in the Fire Prevention Code shall be enforced by the Chief of Police of the City of Cape Coral or his or her designee.

(c)

Investigations. City of Cape Coral Fire Inspectors shall investigate fires or explosions that have occurred which result in property damage or personal injury for origin and cause per NFPA 921.

(Ord. 118-06, 11-20-2006; Ord. 44-15, 9-21-2015; Ord. 36-21, § 1, 5-5-2021; Ord. 45-24, § 2, 8-7-2024)

(a)

Adoption. The Florida Fire Prevention Code is hereby adopted by the City of Cape Coral. The standards and code sections of the "National Fire Codes", as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal, § 69A-3.012, 69A-60.005, or referenced by the most current edition of NFPA 1 or NFPA 101 adopted by the state's Fire Marshal, known as the Florida Fire Prevention Code, and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "City of Cape Coral Fire Prevention and Protection Code", intended to protect the health, safety, common interest and convenience of the citizens, visitors and residents of the City of Cape Coral, Florida.

(b)

Amendments to Fire Codes. The Florida Fire Prevention Code, 7 ^th Edition", based on NFPA 1 and NFPA 101 2018 Edition, and as amended from time to time, and as permitted by the Florida Fire Prevention Code, NFPA 1 is hereby amended by local amendment as follows:

(1)

Chapter 1, Administration, Section 1.3, Application, Subsection 1.3.2.1, is hereby amended to read as follows:

1.3.2.1 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 2 of this code and those adopted pursuant to the Cape Coral Fire Prevention and Protection Code Section 8 shall be considered a part of this code.

(2)

Chapter 1, Administration, Section 1.3., Application, Subsection 1.3.3, Conflicts, Sub-subsection 1.3.3.1, is hereby amended to read as follows:

1.3.3.1.1 In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of this Code of Ordinances, state law or city ordinances, rules and regulations, the most restrictive provisions of this Code of Ordinances, state law or city ordinances, rules and regulations shall prevail and be controlling.

(3)

Chapter 3, Definitions, is hereby amended to include the following definitions:

Engine Company Assistance or Testing: Any situation where an Engine Company is required for assistance, including, but not limited to, fire pump acceptance tests, special events or functions, and other non-emergency assistance that may be applicable.

(4)

Chapter 3, Definitions, Section 3.3, General Definitions, Subsection 3.3.131 is hereby amended by creating Sub-subsection 3.3.131.1 as follows:

3.3.131.1 Fire lane means any driveway, road, or unobstructed area, which may be used by the fire department for the movement of fire vehicles or firefighting operations. If the fire lane serves a multi-story building, road surface shall be pavement, concrete or similar surface material designed to accommodate fire apparatus with a minimum weight of 37.5 tons.

(5)

Chapter 10, General Safety Requirements, Section 10.3, Occupancy, Subsection 10.3.1, is hereby amended by creating Sub-subsection 10.3.1.1 as follows:

10.3.1.1 No new construction or existing building shall be occupied in whole or in part in violation of the provision of this code or other applicable City of Cape Coral Code of Ordinances or Land Development Code. All tenants and occupants shall obtain a "Certificate of Zoning Compliance" from the Cape Coral Development Services Department with release by the City of Cape Coral Fire Department prior to the occupancy and use of a new or existing building as evidence of compliance with the Cape Coral Fire Prevention Code. Such original certificate shall be displayed in a prominent location within the structure, building or portion, thereof.

Exemption: Residential dwellings are exempt from the requirement of obtaining a "Certificate of Zoning Compliance".

(6)

Chapter 10, General Safety Requirements, Section 10.10, Open Flame, Candles, Open Fires, and Incinerators, Subsection 10.10.1, Permits, is hereby amended to read as follows:

10.10.1 Permits: Permits, where required, shall comply with Section 1.12.

Bonfires and Outdoor Rubbish Fires: Kindling or maintaining any open fire or a fire in any public street, alley, road, or other public or private ground requires a fee permit. Instructions and stipulations of permit shall be adhered to.

(7)

Chapter 10, General Safety Requirements, Section 10.10, Open Flame, Candles, Open Fires, and Incinerators, Subsection 10.10.1, Permits, Sub-subsection 10.10.1.1 is hereby amended by creating Sub-subsection 10.10.1.1.1 as follows:

10.10.1.1.1 Permits shall not be required for cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the owner's property. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any unimproved property, woods, or marsh area within the City of Cape Coral. The prohibitions expressly provided herein may be extended by resolution duly adopted by the State Fire Marshal's office.

For this section only, the definition of a recreational fire is the noncommercial burning of materials, other than rubbish for pleasure, religious, ceremonial, cooking, or similar purpose, in which the fuel burned is not contained in an incinerator, a barbecue grill, or a barbecue pit, and the total fuel area is not exceeding 3 ft. (0.9 m) in diameter and 2 ft. (0.6 m) in height.

(8)

Chapter 10, General Safety Requirements, Section 10.10, Open Flame, Candles, Open Fires, and Incinerators, Subsection 10.10.2, is hereby amended by creating Sub-subsection 10.10.2.1 as follows:

10.10.2.1: Notwithstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, City Manager, or City Council, because of extended drought or other disasters and the resulting potential for wildfires, which includes all or parts of Lee County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in city parks, and the sale or use of sparklers.

(9)

Chapter 10, General Safety Requirements, Section 10.14, Special Outdoor Events, Carnivals, and Fairs, Subsection 10.14.1, Permits, Sub-subsection 10.14.1.1, is hereby created to read as follows:

10.14.1.1: The authority having jurisdiction is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages and events covered by the provisions of Section 10.14, as it may deem necessary in accordance with the applicable services resolution of the governing body.

(10)

Chapter 10, General Safety Requirements, Section 10.14, Special Outdoor Events, Carnivals, and Fairs, Subsection 10.14.3, Life Safety Evaluation, Sub-subsections 10.14.3.1 and 10.14.3.2 are hereby amended to include the following:

10.14.3.1.1 Where the authority having jurisdiction determines that the gathering of persons in a structure or the nature of the performance, exhibition, display, contest, or activity presents or is predicted to present unusual and significant impact on public safety, including access to buildings, structures, fire hydrants, fire lanes and the like, or other provisions of public safety services, including fire protection and emergency medical services, the authority having jurisdiction shall have the authority to order the development to prescribe a plan for the provision of safety services which provides reasonable degree of safety for the attendees, participants and other affected members of the public.

10.14.3.2.1 The plan shall address such items as, but not be limited to, emergency vehicle ingress and egress, fire protection, emergency medical services, fire and safety inspections, public assembly areas and the directing of attendees and vehicles, vendor and food concession distribution, and the need for the presence of law enforcement, fire, and medical services personnel at the event. Said plan shall be submitted to the authority having jurisdiction a minimum of three weeks prior to the starting date of the event.

(11)

Chapter 11, Building Services, Section 11.3, Elevators, Escalators, and Conveyors, Subsection 11.3.1, Fire Fighters' Emergency Operations, is hereby amended by creating Sub-subsection 11.3.1.3 as follows:

11.3.1.3 All elevators in the City shall be maintained in compliance with the Florida Elevator Safety Act (Chapter 399, Florida Statutes); Chapter 61C-5, Florida Administrative Code; the Florida Building Code; the Florida Fire Prevention Code; ASME A17.1.; and all other applicable laws and regulations. In addition, all new and existing elevator cars shall be equipped at all times with an emergency two-way communication system, in good working order, that allows back and forth conversation between elevator occupants and authorized personnel who can take appropriate action. Elevator owners shall contract with, or make arrangements with, an alarm monitoring company or other entity or individual who can monitor such two-way communication system at all times, and who can contact the Cape Coral Fire Department when emergency assistance is required in order to identify the elevator location.

(12)

Chapter 11, Building Services, Section 11.10, In-Building Emergency Responder Communication Enhancement Systems, is hereby amended by creating Subsection 11.10.11.2 as follows:

11.10.11.2 Critical Areas associated with elevators constructed after May 1, 2023, shall be maintained at all times with a minimum radio signal strength of 99 percent floor area coverage. These Critical Areas include the fire command center(s), the fire pump room(s), exit stairs, exit passageways, elevator lobbies, elevator cars, standpipe cabinets, and any location that contains a sprinkler sectional valve. Minimum radio signal strength shall be maintained at a level consistent with NFPA 72.

(13)

Chapter 13, Fire Protection Systems, Section 13.2, Standpipe Systems, Subsection 13.2.1, General, Sub-subsections 13.2.1.3 and 13.2.1.4 are hereby created to read as follows:

13.2.1.3 Fire Department valves on standpipe systems shall not be pressure-reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 PSI. Pressuring restricting devices shall be readily removable, leaving hose threads acceptable to the authority having jurisdiction.

13.2.1.4 All Fire Department connections serving a high-rise building, shall be located within 50 ft. (15.25m) of a fire hydrant and within 50 ft. (15.25m) of a fire department vehicle access road. Actual locations of fire department connections shall be as approved by the authority having jurisdiction.

Exemption: Fire Department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system.

(14)

Chapter 13, Fire Protection Systems, Section 13.3, Automatic Sprinklers, Subsection 13.3.1, General, Sub-subsection 13.3.1.1 is hereby amended by creating 13.3.1.1.1 as follows:

13.3.1.1.1 All fire sprinkler systems shall activate one or more monitored audio/visual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction.

Exemption: Single-Family dwellings, duplexes (two family dwellings), and any structure containing less than seven (7) sprinkler heads connected to domestic water supply.

(15)

Chapter 13, Fire Protection Systems, Section 13.4, Fire Pumps, Subsection 13.4.1, General, is hereby amended by creating Sub-subsection 13.4.1.1.1 as follows:

13.4.1.1.1 Access directly into fire pump rooms shall be provided from the exterior of buildings.

Exemption: Single-Family dwellings and duplexes (two family dwellings).

(16)

Chapter 18, Fire Department Access and Water Supply, Section 18.2 Fire Department Access, Subsection 18.2.1, is hereby amended to read as follows:

18.2.1.1 All buildings that a fire department may be called to protect that are not readily accessible to an adjacent local street shall be provided with a suitable fire lane or parallel access drive unless the analysis of the fire official indicates the fire access is unnecessary. Such fire access is necessary for all buildings three (3) or more stories in height which are not adjacent to a local street.

(a)

Parking spaces adjacent to structures that in the opinion of the fire official may hinder or delay fire fighting forces in the performance of their duties are prohibited. Limited designated parking spaces may be approved by the fire official when alternative arrangements are made prior to construction, which must include automatic fire suppression systems.

(b)

The fire official may require additional fire lanes around commercial buildings when his or her analysis indicates additional access to the building is needed.

(17)

Chapter 18, Fire Department Access and Water Supply, Section 18.2, Fire Department Access, Subsection 18.2.2, Access to Structures or Areas, and sub-subsection 18.2.2.2, Access to Gated Subdivisions or Developments are hereby amended by creating Sub-subsections 18.2.2.2.1, 18.2.2.2.2, 18.2.2.2.3, 18.2.2.2.4, and 18.2.2.2.5.

18.2.2.2.1 All non-electronic access control gates to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box acceptable to the Fire Official.

18.2.2.2.2 This section is intended to apply to all gate installations except those serving an individual single-family residence.

18.2.2.2.3 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter/receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 180 days subsequent to the notification date by the authority having jurisdiction.

All electronic access control gates shall be compatible with the City of Cape Coral transmitters. Said transmitters are carried only within emergency service vehicles.

18.2.2.2.4 All electronic access control gates shall have a battery backup with a failsafe override.

18.2.2.2.5 All electronic gates are required to receive a building permit with fire review prior to installation.

(18)

Chapter 18, Fire Department Access and Water Supply, Section 18.3, Water Supplies, is hereby amended by creating Sub-subsections 18.3.1.1.1, 18.3.1.1.2, 18.3.1.1.3, 18.3.1.2, and 18.3.1.3, as follows:

18.3.1.1.1 The Fire Department Connection (F.D.C.) shall be located not less than forty (40) feet from the building it serves and in an area accessible to fire apparatus, preferably adjacent to the street right-of-way or easement serving as the means of vehicular ingress to, and egress from, the building.

The Fire Chief, or the Fire Chiefs designee, may approve an F.D.C. located less than 40 feet from the building it serves when the Fire Chief, or the Fire Chiefs designee, determines that the geographical character of the property concerned makes strict compliance with the distance requirement impracticable or impossible, and makes a determination in their professional judgment, that the proposed F.D.C. location, which would be less than 40 feet from the building it serves. shall not inhibit the Fire Department's ability to respond to life safety emergencies.

"Geographical character of the property" is defined as the dimensional characteristics of the property, and those structures located therein, as it relates to existing or proposed buildings, roadways, rights-of-way, and other means of vehicular ingress to, and egress from, the F.D.C. which would render strict compliance herein impracticable or impossible.

18.3.1.1.2 All Fire Department Connections shall service a single building and terminate on the riser above a check valve.

Exception: A fire line that has no other appliances does not require a check valve on the riser unless required elsewhere in the code.

18.3.1.1.3 Unless a fire hydrant exists that satisfies the requirements of the Florida Fire Prevention Code, and this section, a fire hydrant shall be installed within two hundred fifty (250) feet of the parcel boundary of the building, and the entire building must be within five hundred (500) hose feet of a fire hydrant. A fire hydrant shall be required on the same side of the right-of-way (ROW) that the building abuts if the combined paved surface of the roadway is greater than thirty-five (35) feet in width, or if the ROW contains two lanes, or more, of vehicular traffic in a single direction. Fire hydrants shall be provided on potable water lines six (6) inches, or larger, in diameter that meet the minimum fire flow requirements. Fire hydrants for firefighting purposes shall be prohibited on irrigation water lines. The City's Fire Marshal may authorize exceptions to the above requirements for buildings that contain fire sprinklers that comply with NFPA 13.

18.3.1.2 New structures not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 2010 or subsequent editions as applicable.

Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Failure to meet the fire flow requirements or coming to an agreement on alternative arrangements shall be grounds for refusal for the City to issue building permits.

Exemption: All single-family and duplex (two-family) dwellings and new single-family and duplex (two family) subdivisions that do not contain clubhouses, commercial, or professional structures.

18.3.1.3 Where buildings are constructed with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, such buildings shall require private mains and fire hydrants that meet the required fire flow with spacing to be determined by the fire official. The spacing of hydrants shall not exceed 500 feet between hydrants. Hydrant spacing and required fire flow may be amended by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises.

(19)

Chapter 18, Fire Hydrants, Section 18.5, Marking of Hydrants is hereby amended by creating Sub-subsections 18.5.10.1.1 and 18.5.10.1.2, as follows:

18.5.10.1.1 An approved Florida Department of Transportation (FDOT) blue reflective day/night raised pavement marker (RPM) will be used for rapid location of all fire hydrants in the city. The FDOT Traffic Engineering Manual Topic No. 750-000-005 Section 4.3 will be the standard guideline used for the placement and location of the blue marker on the roadway. Fire hydrants located on State roads will be maintained by the State. Fire hydrants located on County roads will be maintained by the County. The city will maintain all other fire hydrants excluding private fire hydrants.

18.5.10.1.2 All private fire hydrants will use the same FDOT guideline, and will be identified with a FDOT blue reflective day/night raised pavement marker (RPM) by the contractor during installation or on the required annual testing of the hydrant per NFPA 25 standards.

(Ord. 118-06, 11-20-2006; Ord. 6-09, 2-23-2009; Ord. 32-12, 1-28-2013; Ord. 44-15, 9-21-2015; Ord. 52-15, 11-23-2015; Ord. No. 35-17, § 1, 10-16-2017; Ord. 9-18, § 1, 6-4-2018; Ord. 36-21, § 1, 5-5-2021; Ord. 26-23, § 1, 4-5-2023; Ord. 48-24, § 1, 8-7-2024; Ord. 47-25, § 1, 8-6-2025)

(a)

Any person who is substantially affected by the above amendments to the minimum Fire Prevention Code, as applied to them, or whenever it is claimed the provisions of the Florida Fire Prevention Code do not apply or have been misapplied, or when it is claimed the true intent and meaning of the Fire Prevention Code or any regulations thereunder have been misconstrued or misapplied, or when it is claimed a decision is unreasonable or arbitrary as it applies to alternatives, may challenge the amendment(s) or decision by filing a "request for hearing" with the City Clerk's office. The "request for hearing" shall include, but not be limited to, the name, address and telephone number of the substantially affected party, the amendment(s) being challenged and a statement as to how the amendment(s) is substantially affecting the party, and such data and documentation upon which the affected party seeks to rely. The burden of proof shall be on the party challenging the amendment(s) or decision, but the amendment(s) or decision shall not be presumed to be valid or invalid. The City Clerk shall schedule a hearing before the Cape Coral City Council and provide notice to the substantially affected party challenging the amendment(s) or decision at least five working days prior to the hearing. The hearing shall be held within 45 days of receipt of the "request for hearing", unless the City Manager agrees to stay the enforcement of the challenged amendment(s) or decision as applied to the alleged substantially affected party, or other good cause is shown.

(b)

A substantially affected person may appeal the decision of the Cape Coral City Council to the state's Fire Marshal, pursuant to F.S. § 633.208.

(Ord. 118-06, 11-20-2006; Ord. 32-12, 1-28-2013; Ord. 52-15, 11-23-2015; Ord. 48-24, § 2, 8-7-2024)

(a)

The following permit fee schedule, including the chapter titles and sections (if any), are applicable for permits required by the Fire Prevention Code:

(b)

The Fire Chief may refer any delinquent fees due to a collection agency for collection and/or commence any legal or equitable action available pursuant to law.

(Ord. 118-06, 11-20-2006; Ord. 45-24, § 2, 8-7-2024)

The following is a schedule of the user fees for fire protection inspection which shall be collected by the Fire Department:

(Ord. 118-06, 11-20-2006; Ord. 44-15, 9-21-2015)

(a)

Purpose and intent. The City of Cape Coral finds and declares that the provisions of this Part are necessary to protect the health, safety and welfare for the City of Cape Coral citizens and their property when extreme dry weather conditions due to lack of normal precipitation increases the threat of fire or other disaster, thereby threatening the safety of life and property. Outside burning in unauthorized areas during dry weather conditions increases the danger of wildfires throughout the City. The purpose and intent of this Part is to provide an orderly and expeditious procedure for implementing a ban on open burning when extreme dry weather conditions warrant such a ban.

(Ord. 36-21, § 1, 5-5-2021)

(b)

Burn ban.

(1)

The City Manager shall have the power, duty and responsibility to sign an Executive Order prohibiting all open burning in the City of Cape Coral when dry weather conditions result in a Keetch-Byram Drought Index reading at 600 or higher, or under advisement of the Fire Chief. Unless otherwise provided, the burn ban shall take effect upon the City Manager signing the Executive Order.

(Ord. 36-21, § 1, 5-5-2021)

(2)

OPEN BURNING, for purposes of this section, shall mean kindling, creating, or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in city parks, and the sale or use of sparklers. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any unimproved property, woods, or marsh areas. OPEN BURNING does not include small recreation fires not intended for vegetation or rubbish disposal, or barbecue grills or pits that contain a total fuel area not exceeding 3 feet (0.9 m) in diameter and 2 feet (0.6 m) in height, when conducted safely and on the owner's property.

(3)

The burn ban shall not apply to burning done by, or under the direct supervision of, authorized County or municipal personnel or with the authorization of the Florida Department of Agriculture and Consumer Services, Florida Forest Services. The use of barbecues utilizing charcoal, wood, or propane gas shall not be prohibited during a declared burn ban pursuant to this section.

(4)

The burn ban prohibition will continue to be in effect in seven (7) day increments for as long as the Keetch-Byram Drought Index is at or above 600, or under advisement of the Fire Chief, unless rescinded as provided in this Section.

(5)

This burn ban prohibition will be lifted after the Keetch-Byram Drought Index has fallen below 600 for at least seven (7) consecutive days, and any further disaster is mitigated.

(6)

If the Keetch-Byram Drought Index falls below 600 for at least seven (7) consecutive days, and any further disaster has been mitigated calling for the rescinding of the Executive Order, and the City Manager is unavailable, the Fire Chief is delegated the authority to rescind the Executive Order with notification to the City Manager.

(Ord. 36-21, § 1, 5-5-2021)

(7)

The Cape Coral Fire Marshal and Law Enforcement are authorized to enforce the Burn Ban.

(c)

Public notice. Upon notification by the Fire Chief, the Public Affairs Office shall promptly provide notification to the public of the implementation or cessation of a burn ban pursuant to this section through a press release to newspapers and television, the use of social media, and the City website.

(d)

Applicability. This Part applies to and is effective within the incorporated areas of the City of Cape Coral.

(e)

Penalty. Any person who violates any provision of this section may be punished either by imprisonment for a term not to exceed 60 days or a fine not to exceed $500.00 or by both.

(Ord. 9-18, § 1, 6-4-2018)

For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEPARTMENT. The City of Cape Coral Fire Department.

FIREWORKS, SPARKLERS, RETAILER, WHOLESALER, DISTRIBUTOR, AND MANUFACTURER. The same meaning as specified in F.S. § 791.01 as it may, from time to time, be amended.

SELLER. Refers to either a wholesaler or retailer as appropriate to the context of the transaction.

(Ord. 151-05, 12-5-2005)

(a)

Violations of this article may be punishable as provided under § 1-14 of this code. Violations shall subject an offender to arrest pursuant to F.S. § 901.15 and prosecution pursuant to F.S. Chapter 162. These sanctions are in addition to any criminal penalty which is available under the provisions of F.S. Chapter 791.

(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 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 Department of its intent to resume sales and of the corrective action taken.

(c)

If a seller has been convicted of a violation of this division or of F.S. Chapter 791 and within 12 months of that conviction is convicted again of a violation of this division or of F.S. Chapter 791, its permit to sell fireworks under § 8-20 shall be suspended. The suspension shall be in addition to any sanction otherwise available under state law or this code. The first suspension shall be for a period of 14 days. In the event of any successive conviction of a violation of this article or the provisions of F.S. Chapter 791 occurring within 24 months of a suspension of permit under this section, 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 division, a conviction includes the payment of the assessed fine by not contesting the notice of violation where there is no court appearance.

(e)

Parents or guardians are responsible for the violations of minors.

(Ord. 151-05, 12-5-2005)

(a)

Sparklers shall be stored and sold in the City of Cape Coral in accordance with the zoning laws, fire prevention code, license laws of the city and permits issued by the local fire official having jurisdiction and all other state and local laws.

(b)

All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshal pursuant to F.S. § 791.015, as may be amended from time to time.

(c)

A retailer of sparklers shall be required to comply with the provisions of F.S. § 791.01, as may be amended from time to time.

(Ord. 151-05, 12-5-2005)

(a)

Except as provided in F.S. §§ 791.02, 791.04 or 791.07, as may be amended from time to time, it shall be unlawful for any person, firm, partnership or corporation to offer for sale at wholesale or retail, or expose for sale at wholesale or retail, any fireworks within the City of Cape Coral.

(b)

The Department shall develop an affidavit which all sellers of fireworks within the City of Cape Coral shall use to determine the entitlement of any purchaser at retail or wholesale to buy fireworks.

(c)

The purchaser of any fireworks shall furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the purchaser is registered with the Division of the State Fire Marshal and is otherwise in compliance with F.S. Chapter 791. The seller shall retain a copy of any proof of registration presented.

(d)

The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier associated with that identification (e.g. drivers license number), and, where required, proof of registration and compliance with F.S. Chapter 791. If the seller determines that registration under F.S. Chapter 791 is not required, then the basis for the exception or exemption shall be recorded on a form approved by the Department.

(e)

Any person, firm, partnership or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to F.S. § 791.04, as may be amended from time to time, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of the fireworks. The seller shall retain the possession of the fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an out-of-state point of delivery.

(f)

Any person, firm, partnership or corporation who, pursuant to rules promulgated by the Department of Agriculture and Consumer Services under F.S. § 791.07, as may be amended from time to time, purchases fireworks for frightening birds must provide to the seller a copy of the written statement that has been filed with and stamped as received by the Lee County Sheriff's Office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services within the Florida Administrative Code. The person, firm, partnership or corporation who is engaged in agricultural works or who operates a fish hatchery may use firecrackers solely for the purpose of frightening birds from doing harm to any of their agricultural works or fish hatchery operation. The statement filed with the Lee County Sheriff's Office shall be in writing stating the purchaser is engaged in agricultural works, describing the nature of such, or that the purchaser operates a fish hatchery, describing the nature of such, and desires to use firecrackers to frighten birds from harming his or her agricultural works or his or her fish hatchery operation and that firecrackers will be used solely and exclusively for that purpose. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in subsection (d) above.

(g)

The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial drivers license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller.

(h)

The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other governmentally issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used. The seller shall also record the location where the fireworks will be used. The purchaser of fireworks to be used in a public display must produce a copy of the current permit from a county or municipality and the seller must keep a copy of this permit with the record of sale.

(i)

The purchaser of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States must provide a written statement to the seller describing the specific use of the blank cartridges, the location where the blank cartridges will be detonated, and dates the activities will occur requiring the detonation of the blank cartridges. The seller shall be required to maintain a copy of this statement in addition to the information required in subsection (d) above.

(j)

All appropriate local and state permits, registrations, certificates and licenses must be displayed at each retail, wholesale, distributing or manufacturing site.

(k)

The seller must maintain copies of the records required by this chapter at the location where the sale took place for a period of four years from the date of the sale. If the location of the sale was in a temporary facility, the records must be maintained at that site for the duration of the existence of the temporary facility and thereafter for the remainder of the four years in a location within the City of Cape Coral which location shall be listed on the application for the permit from the Department. These records must be available and provided immediately upon request for inspection by fire or law enforcement officials. In the event that the sales location, other than a temporary site, closes or moves, the records required by this section to be retained must be stored at a location in the City of Cape Coral where they will be readily available for inspection by the authority, fire officials or law enforcement. The seller shall advise the authority of any change in the location of these records.

(Ord. 183-06, 1-22-2007)

(a)

The Fire Department is authorized to issue temporary fireworks sales permits which shall be in force for a period not to exceed 90 days and annual fireworks sales permits which shall remain in effect for no longer than 12 months.

(b)

Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Department. This requirement is in addition to any licensing or permitting required by the state or county. Any sale of fireworks without first obtaining a permit is a violation of this article.

(c)

In order to obtain a permit, the applicant, must provide proof of compliance with all state and federal regulations regarding the storage, display for sale and sale of fireworks at each location listed on the application.

(d)

The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to F.S. 791.015, as may be amended from time to time, and shall be accompanied by a permit fee in an amount sufficient to pay for the cost of regulatory requirements of this article. The following permit fee schedule is applicable for permits required by this article.

(1)

Temporary fireworks sales permit (valid for 90 days): $150 for first site; $125 for each additional site.

(2)

Annual fireworks sales permit: $200 for first site; $125 for each additional site.

(e)

The applicant must show evidence of financial responsibility pursuant to § 8-21.

(f)

The applicant must disclose the name and address of all persons or entities having an interest (financial, security or otherwise) in the inventory that will be offered for sale.

(g)

Each location at which the applicant intends to display fireworks for sale or sell fireworks must be listed on the application. The application must also list the name of the manager in charge of each location, their address, and telephone number. The permit shall be issued in the name of the applicant only and shall not be transferable.

(h)

The application for the permit shall also list the nature of any other sales or business operations of the applicant which are to take place at the permitted premises.

(i)

Once a permit is issued, the permit holder shall have a continuing obligation to notify the Department of any change in the information set forth in the application for the permit including, but not limited to any changes in physical address closure of the permit holders operations at any location where the permit holder does business in the City of Cape Coral.

(j)

As a condition of maintaining the permit, the permit holder must comply with all federal, state and local regulations governing the sale and storage of fireworks, and must maintain all necessary permits required by federal, state or local law, ordinance or regulation. The permit holder must also comply with the record keeping provisions of this division.

(Ord. 151-05, 12-5-2005; Ord. 73-06, 5-30-2006)

In furtherance of the provisions of § 8-19, all sellers of fireworks, must keep in force an insurance policy showing general, comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than $1,000,000 combined single limit coverage for each loss that may result from the activities of the sellers. Sellers must maintain Workers' Compensation coverage as required pursuant to F.S. Chapter 440. A failure to maintain this required coverage after the procurement of a permit shall be a violation of this division and grounds for suspension of their permit from the Department and the sale of the permitted goods as set forth in § 8-17 shall cease until such time as the required insurance is obtained.

(Ord. 151-05, 12-5-2005)

The City Manager shall have the power, duty, and responsibility to declare a state of local emergency in preparation for or response to an emergency or disaster.

The City Manager shall inform the City Council of the reasons for and status of events requiring the declaration of a state of local emergency either prior to the declaration of emergency or as soon thereafter as practicable. Upon the declaration of a state of local emergency, the City Manager, or his or her designee, shall post a written notice of such declaration at conspicuous place(s) in the Cape Coral City Hall, and shall, as promptly as practicable, file in the office of the City Clerk a notice of a declared state of local emergency. The City Manager, or his or her designee, shall notify the local media, city employees, and residents as soon as possible and in the manner most practicable and expeditious.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)

(a)

The City Manager shall be empowered during a state of local emergency:

(1)

To implement emergency plans and procedures and take such other prompt and necessary action to save lives and protect property, including but not limited to, the authority to compel and direct timely local evacuation, if necessary.

(2)

Pursuant to the established " Emergency Operations Plan" ( EOP) of the city, declare that the EOP is in effect, as appropriate.

(3)

To obligate emergency expenditures for payment from the emergency reserve fund when such action is necessary to protect and preserve the health, safety, and welfare of the public. All such transfers and obligations shall be reported to the City Council at the first opportunity following such action, but no later than 30 days after such occurrence.

(4)

To act, on behalf of the city, in any matter provided by F.S. § 252.38(2) and (3), as amended.

(5)

To determine a threat to public health and safety that may result from the generation of widespread debris throughout the city.

(6)

To authorize the city of its contracted agent(s) right of access to private roads or gated communities as needed by emergency vehicles such as, but not limited to, police, fire, medical care, debris removal, and sanitation to alleviate immediate threats to public health and safety.

(b)

The granting of power, duty, and responsibility to the City Manager to declare a state of local emergency shall not be construed to abrogate the power and authority to the City Council to declare a state of local emergency in accordance with the City Charter and state law.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)

(a)

During any state of local emergency lawfully declared by either the City Council or the City Manager, it shall be unlawful, within the City of Cape Coral, for any person, firm, partnership, association, corporation, company, or organization of any kind to use potable water supplied by the city or a franchise water supplier for any purpose other than cooking, drinking, bathing, or any medical/public safety related activity.

(b)

Any person, firm, partnership, association, corporation, company or organization of any kind who knowingly violates any provision of this section shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500, or imprisonment in the Lee County Jail for a period not exceeding 60 days, or by such fine and imprisonment. In addition to the penalties set forth above, the City of Cape Coral is authorized to shut off the water supply to such violators.

(Ord. 30-11, 6-6-2011)

(a)

During any state of local emergency lawfully declared by either the City Council or the City Manager, the City Council authorizes the City Manager to suspend or regulate the sale of, or offer to sell, alcoholic beverages within the City of Cape Coral.

(b)

Any person who knowingly violates any provision of this section shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500, or imprisonment in the Lee County Jail for a period not exceeding 60 days, or by fine and imprisonment.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)

(a)

As used in this section:

COMMODITY means any goods, services, materials, merchandise, supplies, equipment, resources or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products and lumber necessary for consumption or use as a direct result of the emergency.

(b)

It is prima facie evidence that a price is unconscionable if:

(1)

The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of local emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends; or

(2)

The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of local emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends.

(3)

Upon a declaration of a state of local emergency by the Governor, the City Council of the City of Cape Coral, Cape Coral City Manager or the Board of County Commissioners for Lee County that affects the City of Cape Coral and/or Lee County, it shall be unlawful for a person or his or her agent or employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of local emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions or equipment that is necessary for consumption or use as a direct result of the emergency. This prohibition shall remain in effect until all declarations expire or are terminated.

(4)

It is unlawful and a violation of this section for any person to impose unconscionable prices for the rental or lease of any dwelling unit or self storage facility during a period of declared state of local emergency.

(5)

A price increase approved by an appropriate government agency shall not be a violation of this section.

(6)

This section shall not apply to sales by growers, producers or processors of raw or processed food products, except for retail sales of the products to the ultimate consumer within the area of the declared state of local emergency.

(7)

All state law enforcement officers and Code Enforcement Officers shall have the power to investigate compliance with, and enforcement requirements of this section and incident thereto may subpoena witnesses, administer oaths and require the production of records.

(8)

Any person, who knowingly violates any provision of this section shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500, or imprisonment in the Lee County Jail for a period not exceeding 60 days, or by fine and imprisonment.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)

(a)

During any state of local emergency lawfully declared by either the City Council or the City Manager, the City Council authorizes the City Manager to impose a general curfew throughout Cape Coral for the hours determined by the City Manager when deemed necessary by the City Manager in order to protect the health, safety, and welfare of the public. The curfew may include, but not be limited to, the prohibition of or restriction on pedestrian and vehicular movement, except for the provision of designated, essential services, including, but not limited to, fire, police, emergency medical services and hospital services, including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians. Local services designated as essential services shall do everything possible to provide identification for their employees.

(b)

Any person, who knowingly violates any provision of this section shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500, or imprisonment in the Lee County Jail for a period not exceeding 60 days, or by fine and imprisonment.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)

a.

During, and subsequent of, a declared state of local emergency, the City Manager, or their designee, shall have the power to authorize the collection, removal, and disposal of emergency and disaster-generated debris resulting from a declared disaster from all property whether public lands, public or private roads, private vacant property, or gated communities to ensure a safe and sanitary living and functioning conditions, and to protect improved property from immediate threat. Debris includes all hazardous conditions created that impact all modes of movement and transportation of the residents as well as emergency services, and endangers properties and waterways in the city. Debris also includes conditions created that increase an environment conducive to breeding disease and vermin, and greatly increases risk of fire, and that is in the public interest to remove and dispose. Debris collection, removal, and disposal is not limited to the timeframe of the state of local emergency, but shall be accomplished expeditiously to ensure protection of the health, safety, and welfare of the community, and the restoration of normalcy to promote economic recovery of the community at large.

b.

Emergency and Disaster-generated Debris Removal Program created; Inclusion of property in city disaster-generated debris removal program. In order to effectively accomplish the removal of emergency and disaster-generated debris resulting from a declared emergency, the Emergency and Disaster-generated Debris Removal Program (the "Program") is hereby created. The Mayor and City Council are hereby authorized to appropriate all necessary funds for the purpose of implementing the Program through the removal of emergency and disaster-generated debris from unimproved property located throughout the city pursuant to the program. All unimproved properties that are included within the city's lot mowing program pursuant to Section 9-81, Cape Coral Code of Ordinances, shall be subject to and included in the Emergency and Disaster-generated Debris Removal Program provided herein.

c.

Authority to enter upon private unimproved property. The city, its employees and agents, are hereby expressly authorized to enter upon private, unimproved property located throughout the city for the purpose of accessing and clearing emergency and disaster-generated debris from canal rights-of-way along such properties. Prior to undertaking removal of debris pursuant to this subsection, the City Clerk shall publish a notice of the intended action in a newspaper of general circulation in the city, which will advise property owner(s) in the affected area that the city is undertaking the removal of emergency and disaster-generated debris resulting from a declared emergency and that their property may be affected by the removal.

d.

Notwithstanding the foregoing, nothing in this Section 8-31, shall require the city to clear and remove emergency and disaster-generated debris from private property.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018; Ord. 75-24, § 1, 10-30-2024)

During a state of local emergency, all procedural and notice time periods affecting the normal functions of the city, to the extent such requirements cannot be complied with due to the emergency, shall be temporarily suspended for a period of seven days from the declaration of local emergency. Such functions include, but are not limited to, permitting, code enforcement matters, municipal approvals, and scheduled public meetings. When necessary, seven-day time extensions may be permitted by approval of the City Council.

(Ord 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)

(a)

A state of local emergency declared by the City Manager pursuant to this article shall be terminated upon the first to occur of any of the following:

(1)

A certification by the City Manager that the conditions leading to or causing the emergency or disaster no longer exist and the city agencies, departments, and staff are able to manage the situation without extraordinary assistance; or

(2)

A vote of the City Council declaring the state of local emergency has ended; or

(3)

The expiration of seven days from the commencement of the state of local emergency, unless such period is extended by the City Council as authorized by state law. A state of local emergency declared in the event of overt acts of violence or the imminent threat of such violence pursuant to F.S. §§ 870.041—870.048, shall terminate seventy-two (72) hours from its commencement, unless extended by the City Council by duly enacted ordinance or resolution in a regular or special meeting.

(b)

Notice of the termination of the state of local emergency declaration shall be made to the public by the City Manager by the same means as notice of the declaration of the state of local emergency.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)