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Clay County, FL Fire Regulations: Fireworks (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Clay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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.

View official code

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?
As codified, yes. Section 15-9(a) states the emergency continues indefinitely due to the ongoing presence of the weather conditions cited in Ordinance No. 04-1, with the county manager authorized to keep extending it in up to seven-day increments unless the board of county commissioners votes to revoke that authority by resolution.
Can I still cook on a barbecue grill during the ban?
Yes. Section 15-9(b)(4) bans outdoor burning generally, including campfires and yard-debris fires, but expressly carves out an exception for cooking on attended and monitored barbecue equipment, so grilling while someone watches the fire remains lawful.
Does the fireworks ban apply inside Orange Park or Green Cove Springs?
Section 15-9(e) says the ban extends throughout every municipality located in Clay County, but only to the extent that city's own ordinances do not expressly conflict with or supersede it, so a resident should also check that municipality's separate fireworks rules.
Are permitted public fireworks shows allowed during the emergency?
Generally no. Section 15-9(b)(5) bars large-scale public fireworks displays otherwise permittable under Chapter 791, Florida Statutes, unless the county manager determines the display can be conducted safely despite the emergency and authorizes it by administrative order.

Sources & Official References

Other rules in Clay County

All Clay County rules

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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