Cocoa Beach Ordinances 1726 and 1727: City Commission Second Reading on New Year's Eve Noise and Fireworks Rules on November 5

The Cocoa Beach City Commission is set to take up two ordinances on second reading on Thursday, November 5, 2026, at 6:00 p.m. at City Hall. Ordinance 1726 would create a New Year's Eve exception to the city's plainly audible noise limits. The limits would not apply from 11:00 p.m. on December 31 to 2:00 a.m. on January 1 of each year, citywide. Ordinance 1727 would exempt City-hosted, City-sponsored or City-permitted events from the city's ban on fireworks near the ocean beach, in nearby ocean waters and in public parks. Staff recommends adoption of both. The items are J.2 and J.3 under Unfinished Business on the agenda.

How the Plainly Audible Noise Rule Works Today

Section 13.5-20 of the City Code sets out how an officer decides whether noise is excessive. The officer finds the property the noise comes from. The officer then moves to a spot a set distance from that property line and listens without a hearing aid or other device. The officer needs a direct line of hearing to the source.

The distance depends on the day and time. These are the current limits.

• From 11:00 p.m. to 7:00 a.m. on Friday and Saturday nights, noise may not be plainly audible 100 feet or more from the property line.

• From 9:00 p.m. to 7:00 a.m. on Sunday through Thursday nights, the same 100 foot limit applies.

• From 7:01 a.m. to 10:59 p.m. on any day, noise may not be plainly audible 500 feet or more from the property line.

The code states that each limit applies citywide, without regard to zoning district.

What Ordinance 1726 Would Change

Ordinance 1726 would add a new paragraph to Section 13.5-20. It states that the restrictions on noise set forth in that section shall not apply to noise occurring between 11:00 p.m. on December 31 and 2:00 a.m. on January 1 of each year. Like the other limits, the new paragraph would apply citywide without regard to zoning district.

The staff summary says the Commission directed the change to accommodate New Year's Eve festivities. The ordinance states that the exception is meant to recognize the customary celebration of New Year's Eve. It also states that the city's other noise rules would stay in place for the rest of the year. The ordinance would take effect immediately upon adoption.

What Ordinance 1727 Would Change for Fireworks

Section 15-37 of the City Code makes it unlawful to discharge fireworks in three areas.

• Within city limits, anywhere east of a line 500 feet west of, and parallel to, the center of the dune vegetation line.

• In the waters of the Atlantic Ocean within 500 feet of the mean high water line.

• In any public park.

Under the current text, possession of fireworks in these areas without a special event permit from the city is a prima facie violation. Violations are Class III offenses under Chapter 31 of the City Code, along with forfeiture of the fireworks. The section also defines fireworks. The definition covers items such as firecrackers, skyrockets, Roman candles and sparklers. It leaves out model rockets and certain paper or plastic cap toys.

Ordinance 1727 would add one sentence to the end of Section 15-37. It reads, "City-hosted, City-sponsored or City-permitted events are exempt from the provisions of this section." The staff summary says the Commission directed this exemption. Like Ordinance 1726, it would take effect immediately upon adoption.

What Happened at First Reading on October 15

The draft minutes of the October 15, 2026 meeting are on the November 5 consent agenda for approval. They state that the Commission adopted both ordinances on first reading by a unanimous voice vote.

According to those minutes, Mayor Keith Capizzi said Ordinance 1726 applied to one night a year so residents could ring in the New Year. One speaker asked the Commission to extend the exception to Christmas Eve, Christmas Day and New Year's Day. The speaker also raised construction on those holidays. The Commission noted that construction was a separate issue.

On Ordinance 1727, the minutes state that the Mayor explained the current fireworks rules. He said the update would prevent the city from violating the existing fireworks regulations. The same speaker suggested time limits on fireworks and raised concerns about the effect on elderly residents.

Florida Law on Holiday Fireworks

Neither ordinance nor staff summary cites Chapter 791, Florida Statutes, which is titled "Sale of Fireworks." Section 791.08 names three designated holidays. They are New Year's Day, Independence Day and New Year's Eve. It states that the chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday.

The same section states that it is not intended to supersede any local governmental regulation relating to the use of fireworks, as provided in section 10(5) of chapter 2007-67, Laws of Florida.

Who May Be Affected and What It May Mean

Ordinance 1726 may matter to residents, visitors and property owners across Cocoa Beach. If adopted, the 100 foot and 500 foot limits in Section 13.5-20 would not apply to noise during the New Year's Eve window. The new text refers to the restrictions "set forth in this section." Outside the window, the existing limits would stay in place.

Ordinance 1727 may matter to groups that hold events with fireworks near the beach or in parks, and to people who live or visit near those areas. If adopted, events that are City-hosted, City-sponsored or City-permitted would be exempt from Section 15-37. The marked changes in the packet add only the exemption sentence. The three areas, the possession rule and the penalties stay as written. The same agenda also lists a separate discussion of the Fiscal Year 2027 July 4th celebration, with drones and fireworks, under New Business.

How to Take Part on November 5

The agenda states that speaker cards are required for each item a person wishes to address. The card goes to the City Clerk before the item is introduced. Cards are available at the entrance of the Commission Room and in the City Clerk's office. Each speaker has three minutes. A person speaking for a group may be granted three more minutes. The Public Comments section near the start of the meeting is for items not on the agenda.

The agenda states that a person who wishes to appeal a Commission decision will need a record of the proceedings. That person must make sure a verbatim record and transcript is made at his or her own expense, since the city does not provide one. Under the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations are asked to contact the Office of the City Clerk at (321) 868-3286 at least 48 hours before the meeting. The Florida Relay Service is available at (800) 955-8771 (TDD), (800) 955-8770 (Voice) or 711. The meeting re-broadcasts on Spectrum Channel 499 and the city's YouTube channel.

The City Commission meets Thursday, November 5, 2026, at 6:00 PM at Cocoa Beach City Hall, 2 S Orlando Avenue, Cocoa Beach, FL 32931.