HomeMy WebLinkAboutOrdinance 2011-10 Firearms ORDINANCE NO. 2011-10
AN ORDINANCE OT THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA; AMENDING
SECTION 2-255 pF THE CITY C4AE, RELATING TO
EMERGENCY RESOLUTIONS FOR THE SUSPENSION OR
REGULATION Or THE SALE OF FIREARMS; AMENDING
SECTIONS 11-5 AND 13-31 OF THE CITY CODE RELATED
TO THE DISCHARGE OF FIREARMS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCOR.PORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 790.33, Florida Statutes, expressly preempts the entire field of
regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture,
ownership, possession, storage, and transportation thereof; and
WHEREAS, section 790.33(2)(a), declares all ordinances and regulations enacted by the
City which regulate firearms, ammunition, or components thereof to be null and void; and
WHEREAS, section 790.33 was recently amended by the Florida Legislature to, among
other things, create penalties for violations of the Legislature's preemption of the field of regulation
of firearms and ammunition, which penalties become effective on October 1, 2011, see Laws of Fla.
2011-109 (2011); and
WHEREAS, under the amended law, the City and its elected and appointed officials can be
held personally liable for enacting or causing to be enfarced any local ordinance or administrative
rule impinging upon the state's firearms preemption and may be subject penalties; and
WHEREAS, the penalties include the issuance of a permanent injunction prohibiting the
City from enforcing an ardinance violating the preemption; civil fines up to $5,000 assessed against
elected or appointed officials under whose jurisdiction the violation occurred; and termination of
employment or removal from office by the Governor; and
WHEREAS, the Winter Springs City Code currently contains certain provisions regulating
the discharge and sale of firearms, which would likely be considered preempted by section 790.33;
and
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Ordinance No. 2011-10
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WHEREAS, in order to observe the state's preemption of the field of firearms and
ammunition, and to avoid the imposition of any penalties for the enforcement of these local laws,
the City Commission desires to amend the City Code as set forth herein; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Amendment to Chapter 2. The City of Winter Springs Code of Ordinances,
Chapter 2, Administration, is hereby amended as follows (underlined type indicates additions and
s�i� type indicates deletions, while asterisks (* **) indicate a deletion from the Ordinance of
text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
CHAPTER 2. ADMINISTRATION
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ARTICLE VII. EMERGENCY MANAGEMENT
DIVISION 1. GENERALLY
*��
Section 2-255. Declaration of a state of emergency.
���
(c) Emergency resolutions authorized by this article shall include but are not limited to
the following subjects:
esolution ubject
vacuation
City of Winter Springs
Ordinance No. 2011-10
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urfews; declaration of areas off limits
uspension or regulation of sale of alcoholic beverages, � explosives or
ombustibles
rohibiting the sale of inerchandise, goods or services at more than the normal
verage retail price
ater use restrictions
uspension of local building regulations
ationing of fuel, ice and other essentials
mergency procurement procedures
***
Section 3. Amendment to Chapter ll. The City of Winter Springs Code of Ordinances,
Chapter 11, Miscellaneous Offenses, is hereby amended as follows (underlined type indicates
additions and s�ri�ea�tt� type indicates deletions, while asterislcs (* **) indicate a deletion from the
Ordinance of text existing in Chapter 11. It is intended that the text in Chapter 11 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this ordinance):
CHAPTER 11. MISCELLANEOUS OFFENSES
���
Section 11-5. . Reserved.
, �
,
*��
Section 4. Amendment to Chapter 13. The City of Winter Springs Code of Ordinances,
Chapter 13, Nuisances, is hereby amended as follows (underlined type indicates additions and
City of Winter Springs
prdinance No. 2011-10 � �
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s-�ri#ea�nt type indicates deletions, while asterisks (* **) indicate a deletion from the Ordinance of
text existing in Chapter 13. It is intended that the text in Chapter 13 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
CHAPTER 13. NUISANCES
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ARTICLE II. NOISE
**�
DIVISION 3. PROHIBITED ACTS
,��*
Section 13-31. Specific — Noise disturbances prohibited.
The following acts, and the causing thereof, are declared to be in violation of this article:
*��
(g) Explosives; ftr��. Using or firing explosives;�rrearn� or similar devices which
create impulsive sound so as to cause a noise disturbance across a real property boundary or
on a public space or right-of-way, without first obtaining a special variance pursuant to this
article.
*��
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
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Ordinance No. 2011-10
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competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall nvt affect tlie
validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Wintex SUrin�s, Florida; in a regular
meeting assembled on the 25th day of July 2011. ' :- - '
,
� � �� �
C A x. S LA ,�i�`�j` � r .
ATT S . ' ' `
RENZO-LUACES
City lerk
APPROV AS TO LEGAL FORM AND SUFFICIENCY
FOR T TY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: July 11, 2011
Legal Ad Published: July 9, 2011
Effective Date: July 25, 2011
City of Winter Springs
Ordinance No. 2011-10
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