The Loxahatchee Groves Town Council passed the first reading of an ordinance Tuesday, May 6 aimed at cracking down on the personal use of fireworks in the largely rural and equestrian community. However, there is some question as to whether the town can fully enforce the ordinance without also getting permission from the Florida Legislature.
The proposed ordinance prohibits the use of fireworks except for approved public displays, while allowing sparklers and other non-explosive items defined by state law. It provides exemptions for emergency and agricultural use.
“I am thrilled to see this,” Mayor Anita Kane said.
While equestrians and other animal lovers in the town have been calling for restrictions on personal fireworks for years, Kane noted that just last January, the town’s law firm had recommended against enacting an ordinance without first getting permission from the legislature.
Wellington, for example, was granted permission from the legislature in 2020 to enact a personal fireworks ban, but only in that community’s Equestrian Preserve Area. Justification was based on the danger of fireworks to horses.
“What changed in the past three or four months?” Kane asked Town Attorney Glen Torcivia.
“You are correct in that the opinion is that the state has preempted this, but the council seemed pretty adamant that you wanted to push forward, adopt this and basically challenge that law,” Torcivia said.
One thing that has changed is that the area is in a severe drought, he noted. That was put into the reasons why the town decided to act now. Not only is there the danger to horses, but there is now also a large danger to human health and safety in a very wooded community in a drought situation.
“If you want to push the envelope, this is your opportunity to do so,” Torcivia said. “That was the direction I recall from the council in both March and April. You wanted to push this.”
Kane noted that the new ordinance takes a stronger stand than a previous resolution adopted in 2009.
Councilwoman Lisa El-Ramey said the 2009 resolution was more about trying to get a local bill through the legislature, which never happened.
Kane asked how the ordinance will be enforced, and Torcivia explained that it could be done either through the code enforcement process or the Palm Beach County Sheriff’s Office, as called for in other parts of town regulations.
Kane asked what would happen if the town’s code enforcement officer went out over the Fourth of July holiday and wrote a bunch of civil citations based on the new ordinance.
Torcivia said people could challenge them before the town magistrate, who would need to balance the health and safety concerns with state preemption concerns. It could then be appealed to the courts.
“You’re either going to be a trendsetter, or you’re not,” Torcivia said.
Councilwoman Phillis Maniglia said she believed that a town code violation will not stop people unless the PBSO is going in and confiscating the fireworks.
Town Manager Francine Ramaglia said that the town will undertake an education campaign to let residents know about the changes and warn about enforcement of the new ordinance over the Fourth of July holiday.
Ramaglia and Torcivia stressed that it will be a two-pronged process, with the town already in conversation with State Rep. Anne Gerwig (R-District 93) to sponsor enabling legislation in Tallahassee during next year’s session.
“Your ideal scenario is getting an exemption like Wellington did,” Torcivia said. “If you get it passed in the legislature, that is obviously a lot safer.”
El-Ramey noted that horses have suffered terrible injuries, including colic and death, when spooked by fireworks.
Kane added that fireworks also bring about post-traumatic stress issues with combat veterans, and she asked that it be included among the justifications.
During public comment, resident Jo Siciliano supported the ordinance as “another tool in our toolbox.”
Regarding a question about the education campaign, the town is planning larger signs regarding fireworks, along with a letter noting the fireworks ban that will go out to all town residents. There will also be pamphlets, web site notices and social media.
The first reading of the ordinance passed unanimously and will return with updates for its final reading in June.
As background, town officials noted that Loxahatchee Groves residents have raised ongoing concerns regarding fireworks related to safety, noise, livestock disturbance and the impacts on their rural quality of life. Residents have reported that the fireworks during major holidays pose a threat to animals, creating undue stress for families and the town’s veterans.
Loxahatchee Groves is not only home to many horses, but it is also home to an exotic animal sanctuary, a tropical bird refuge, multiple dog rescues, both large and small veterinarian offices, many types of livestock and horse boarding facilities where fireworks present undue hazard.
Additionally, the use of fireworks in a community with heavily wooded lots and tree canopy poses a significant fire risk, especially during the current severe drought conditions. The council acted after receiving numerous requests from residents and equestrians to help protect themselves, their animals and property from the negative effects of fireworks.
