Oviedo looks at temporary ban on outdoor sales of sparklers and fireworks. (Orlando Sentinel)

Oviedo commissioners on Monday plan to enact a six-month moratorium on the sale of sparklers and fireworks after city officials said an outdoor vendor blatantly sold pyrotechnics that are not permitted under Oviedo’s rules.

The temporary halt, expected to last until the end of October, would give Oviedo a chance to study what is allowed under Florida law regarding fireworks and then update the city’s regulations on permitting outdoor sales of the explosives, assistant city attorney David Hall told commissioners at a recent meeting.

It’s to “give ourselves time to really ferret this out and decide what we want to do,” Hall said. “It’s a safety concern. And we’re obligated to protect our citizens.”

Altamonte Springs attorney Steve Mason, who represents Big Bang Fireworks, called Oviedo’s position “nonsensical” because the city has issued his client more than a dozen permits over the years to sell sparklers, roman candles, fireworks and other kinds of pyrotechnics that light up the night on holidays. But in December, city officials took away the company’s temporary permit for outdoor sales just before the New Year’s Eve celebrations.

“It’s political obstinacy,” Mason said. “I’m not trying to be inflammatory here. ... But I want to persuade these politicians in Oviedo to not pass this moratorium.”

Mason said the city could continue issuing permits while it studies the issue rather than imposing a moratorium.

The controversy sparked last October when Big Bang applied for an outdoor sales permit at the Tee It Up property on West Mitchell Hammock Road. The permit was valid from Dec. 15 through Jan. 5, and Big Bang was hoping to sell some pyrotechnic fun for the upcoming New Year’s Eve celebrations.

Oviedo issues permits to outdoor vendors for the sale of sparklers only, and Big Bang’s permit said only sparklers approved for sale by Florida law could be sold by the company, according to city officials.

On Dec. 27, a city inspector reported that Big Bang was selling under its tent fireworks in addition to sparklers that were not approved by the state of Florida.

After Oviedo issued a notice of violation and revoked Big Bang’s permit, the company continued selling the explosives for two more days, according to city documents.

But on Feb. 24, a special magistrate threw out the case because Big Bang was not properly cited by the city. Mason argued his client was never provided with a citation “specifying the specific code provisions alleged to have been violated.”

Even so, Special Magistrate Howard Marsee said in his order Big Bang “had no intention of” complying with Oviedo’s permit or regulations regarding the sale of fireworks.

“Such continued sales constituted a contumacious disregard of the city’s notice of violation, notice of revocation and ordinances,” Marsee said in his order.

Now Oviedo leaders hope to prevent similar controversies in the future.

On Monday, commissioners are scheduled to discuss and vote on the temporary ban. The city attorney will then seek an opinion from Florida’s attorney general regarding the sale of fireworks.

City officials and Mason point out that Florida’s current law is unclear on what defines fireworks and how far local governments can go in restricting the sale of such pyrotechnics.

“There are so many exceptions within the chapter that they virtually overtake the prohibition,” Mason said in his motion to the city magistrate. “For instance, fireworks and sparklers can be sold by a vendor for ‘ceremonial, blasting, military, agricultural, farming, fishery, athletic and sporting events’....among many others. By this writer’s count, there are approximately 14 exemptions for the sale and use of fireworks.”

According to Oviedo’s proposed ordinance establishing the moratorium, “there is a large body of evidence that local governments have been vested with local control over various aspects of fireworks regulation for over 67 years.”

Seminole County also requires a temporary permit for outdoor sales that meet the state’s definition of a sparkler. But fireworks are not permitted.

In support of the moratorium, Oviedo Mayor Megan Sladek said the city should pause issuing permits to get better direction from its attorneys and the state of Florida.

“We just want to be fair to everyone,” she said.