Clay County, FL Fire Regulations: Fireworks (2026)
Key Facts
- Governing section
- Code § 15-9(b)(1)-(2)
- Emergency declared
- January 27, 2004, Ord. No. 04-1
- Extension increments
- Up to 7 days at a time
- Penalty
- Second-degree misdemeanor
- Cooking exception
- Attended, monitored barbecue equipment only
- Coverage
- Unincorporated county plus municipalities
- Cited law
- Section 791.01, Florida Statutes
Summary
Clay County declared a fire-danger state of emergency in 2004 that the county manager keeps extending in successive week-long increments, and under it, selling, using, discharging or displaying fireworks or sparklers anywhere in the county is a second-degree misdemeanor. The commission alone can end the standing order.
(1)During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall be unlawful to sell, use, discharge, dispense, or display all fireworks as defined by Section 791.01(4)(a), Florida Statutes.(2)During the state of emergency declared under subsection (a) hereof, and during any extension or reinstatement of the same by the county manager under the authority of said subsection (a), it shall be unlawful to use or discharge all sparklers and all other items listed in Section 791.01(4)(b), Florida Statutes, and all novelty and trick noisemaker items listed in Section 791.01(4)(c), Florida Statutes.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 86).
Full Breakdown
Section 15-9(a) memorializes a state of emergency the board declared under Ordinance No. 38, Florida Statutes and the county's emergency management plan. The section states the emergency continues indefinitely, with the county manager authorized to extend it administratively in increments of up to seven days at a time, and to reinstate it if lapsed conditions recur, until the board of county commissioners revokes that authority by resolution. 01(4)(b)-(c), Florida Statutes, including novelty noisemakers. Subsection (b)(4) additionally bans all outdoor burning, including campfires and yard-debris burning, with an exception only for cooking on attended, monitored barbecue equipment.
Subsection (b)(5) separately bars large-scale permitted public fireworks displays under Chapter 791, Florida Statutes, unless the county manager determines conditions allow one to proceed safely. 083, Florida Statutes. Section 15-9(d) exempts firefighters, Florida Division of Forestry personnel and law enforcement acting to control or contain fire threats, and any burning under a valid governmental permit. Under 15-9(e), the ban reaches the unincorporated county and extends into every municipality inside Clay County unless that municipality's own ordinance expressly conflicts with or supersedes it.
Violations & Fines
Selling, using, discharging or displaying fireworks, sparklers or novelty noisemakers during the declared emergency is a second-degree misdemeanor under Section 252.50, Florida Statutes, prosecuted per Sections 775.082 and 775.083, Florida Statutes, which carry up to a $500 fine and 60 days in jail for a second-degree misdemeanor.
Frequently Asked Questions
Is the 2004 fireworks emergency still legally in force?
Can I still cook on a barbecue grill during the ban?
Does the fireworks ban apply inside Orange Park or Green Cove Springs?
Are permitted public fireworks shows allowed during the emergency?
Sources & Official References
Other rules in Clay County
How Clay County compares: Cities Where Fireworks Are Banned or Heavily Restricted·Florida rules heatmap·Compare Clay County to another location·View the Florida fire regulations overview
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