HomeMy WebLinkAbout1070-11 RESCIND REGARDING GUN CONTROL EiiiiiiiiiiiiiiitiiiiiiiiAiiii '
2011175833
Rcpt:1398561 Rec: 35.50
ORDINANCE NO. 1070-11
11/10/11 K. Garcia, Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY• OF
ZEPHYRHILLS, FLORIDA, AMENDING THI CODE OF ORDINANCES
TO REMOVE, FIREARM REGULATIONS, CONSISTENT WITH THE
ADOPTION OF HOUSE BILL 45, BY THE FLORIDA LEGISLATURE
PREEMPTING ALL LOCAL FIREARM REGULATIONS TO THE
STATE OF FLORIDA, CLARIFYING THAT 14O PROVISIONS OF THE
CODE ARE INTENDED TO BE IN CONFI ICT OR INCONSISTENT
WITH FLORIDA STATUTES SECTION 790.33, INCLUDING
REVISIONS THERETO AS CONTEMPLATED BY CHAPTER 2011-
109,LAWS OF FLORIDA; REVISING SECTIONS 130.22, 91.034, 94.03,
9.02.03.03(A)(4), and 9.02.03.04(A); PROVIDING FOR CODIFICATION,
PROVIDING FOR REPEAL OF CONF1111CT1NG ORDINANCES;
SEVERABILITY, CONFLICTS, CORRECTION OF SCRIVENER'S
ERRORS; AND EFFECTIVE DATE. j
WHEREAS,the Governor of the State of Florida signed Ho ise Bill 45 on June 2, 2011; and
WHEREAS, House Bill 45 preempts the field of regulat=s;
firearms and ammunition to theexclusion of any city or county ordinances, regulations, and j
O m
WHEREAS,.House Bill 45 becomes law on October 1, 2011, and municipalities are required to !04
be in compliance with the law by that date; and
WHEREAS, the express preemption by the State provides for penalties in the event of local
regulations pertaining to ammunition or firearms; and
WHEREAS,the courts of Florida have consistently allowed the State to expressly preempt by
statute certain matters that might otherwise properly be subject of local regulation; and
WHEREAS, Chapter 2011-109 does not preempt, amend or,repeal the authority of local
government as provided in Section 823.16(7), Florida Statutes,to regulate the location and
construction of shooting ranges; and
WHEREAS,the law expressly exempts from the preemption zoning regulations, except for
zoning regulations that are designed to restrict or prohibit the sale, purchase,transfer or
manufacture of firearms or ammunition, or where the zoning regulation in effect is a method of
regulating firearms and ammunition as opposed to being a bona fide zoning regulation; and
WHEREAS,the City Council of the City of Zephyrhills conducted an advertisedpublic hearing
on October 6, 2011, and considered all public input; and
WHEREAS, words with underlined type shall be considered additions to the original text and
strike through shall constitute deletions to the original text.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA:
Section 1. Section 101, City Code, is hereby created to read as follows:
Section 101
(a) As established by Florida Statutes Section 790.33, including amendments thereto
enacted by Laws of Florida Chapter 2011-109, except as expressly provided by the Florida
Constitution or by general law,the Florida Legislature is occupying the entire field of regulation
of firearms and ammunitions, including the purchase, sale,transfer,taxation,manufacture,
ownership,possession, storage, and transportation thereof, to the exclusion of all existing and
future county, city,town or municipal ordinances and any administrative regulations or rules
adopted by local or state government relating thereto. Accordingly; all ordinances,regulations,
and rules set forth in or contemplated by this Code which in any manner regulate firearms or
ammunitions to the extent the subject matter thereof have been properly occupied by,reserved
Record and Return to:
City Clerk's Office
5335 8th Street Via.
Zephyrhills, FL 33542
OR BI( 8621 PG 557 ..
2 of 4
to, or preempted by the Florida Legislature (i) are hereby declared to be null and void; and(ii)
shall not be interpreted, construed, implemented, enforced or the like in any manner so as to
conflict with, be inconsistent with, or violate Florida Statutes Section 790.33, including any
subsequent amendments thereto.
The City acknowledges that the entire field of regulation of firearms and ammunitions,
including any components thereof, are beingpied by the Florida Legislature and that, except
as expressly provided by the Florida Constitution or by general law,the City is preempted from
adopting, enacting, implementing, or enforcing any ordinances, regulations, and rules pertaining
thereto to the extent that the subject matter thereof has been preempted by the Florida
Legislature. Accordingly, as a rule of construction and interpretation applicable to all provisions
of this Code, it is hereby directed that no provision of this Code shall be deemed or interpreted in
any manner to violate state law, including Florida Statutes Section 790.33; rather,the provisions
of this Code shall be interpreted and constructed in a manner-so as to not cause or result in a
violation of state law,including Florida Statutes Section 790.33.
(b) No provisions in this Article are intended to be, nor shall any provision of this
Article be in any manner interpreted or construed to be, a regulation of firearms or ammunitions
in violation of Florida Statures Section 790.33, including all subsequent amendments thereto.
Notwithstanding any term or provision of this Article which might appear or suggest otherwise,
it is hereby expressly acknowledged that the Florida Legislature is occupying the entire filed of
regulation of firearms and ammunitions, including the purchase, sale,transfer, taxation,
manufacture, ownership, possession, storage and transportation thereof,to the exclusion of all
existing and future county, city,town, or municipal ordinances or any administrative regulations
or rules adopted by local or state government relating thereto and, correspondingly, no
provisions of this Article shall apply to firearms and ammunitions.
Section 2. Section 130.22(E) (8), City Code, is hereby amended to read:
Section 130.22(E) (8)
(E) Conduct on park property. Within any park, it shall be unlawful for any person to:
(1) Use, possess, consume or sell any controlled substance in violation of Fla. Stat. Ch.
893 or § 130.01;
(2) Possess, consume or sell any type of alcoholic beverage in violation of§§ 94.03(D),
112.04 and 130.51 unless a special event permit has been approved by the City Council;
(3) Gamble or participate in any game of chance in violation of Fla. Stat. Ch. 849 or §
130.35(A) (7);
(4) Engage in disorderly conduct as defined by Fla. Stat. Ch. 877 and § 130.35(A) (10);
(5) Intentionally disturb,harass or interfere with the city's property or another park
visitor's property in violation of§ 130.35(A) (16);
(6) Dispose of off-site garbage, refuse, sewage or trash of any kind in violation of§§
50.02(C), and 50.04. All other trash shall be disposed of properly in trash receptacles provided;
(7) With the exception of paint-ball guns,possession and use of firearms and weapons
shall be authorized only as defined and set forth in Fla. Stat. Ch. 790;
(8) Set off or attempt to set off or ignite any firecracker, fireworks, smoke bombs,
rockets, black powder guns or other pyrotechnics in violation of Fla. Stat. Ch. 791
and § 99.01(C)without an approved special event permit; or
Section 3. Section 91.034, Titled: Firearms and Weapons, City Code is hereby
amended to read:
91.034 Firearms and Weapons.
0 BK X621 Pr, 558
3 of 4
(A) No person, except those persons authorized under Florida Statutes,may carry
or transport any firearm or weapon on the Airport.
(B) The city reserves the right to restrict the carrying o firearms and weapons by
watchmen and guards on the Airport.
(1) For the purpose of this section, a firearm means-any weapon, including a starter ,
which will,
or is designed to or may readily be converted to expel a projectile by the action of an
explosive; the frame or receiver of any such weapon; any firarm muffler or firearm silencer; an:
destructive device; machine gun.
(2)f For the purpose of this section, a weapon means any dirk, metallic knuckles,
slingshot,billie,tear gas gun, chemical weapons, electric weapon,or device or any other deadly
weapon.
(33( No person shall discharge any firearm on the Airport except in the
performance of official duties requiring the discharge thereof.
(4)Q No person shall furnish, give, sell, or trade any firearm or weapon on the Airport.
Section 4. Section 94.03(E), Titled: Conduct in Cemetery, City Code is deleted:
(E) No person may discharge a firearm within the grou ds of the cemetery except during an
official military type funeral or an official Memorit1 Day service.
Section 5. Section 9.02.03.03(A) (4),Titled: Special Prohibitions, City Code is amended to
read:
(4) Using or firing explosives,firearms or similar devices such that the sound therefore
creates a noise disturbance so as to violate the provisions of this section or within a noise
sensitive zone,public space or public right-of-way is prohibited. Licensed game-hunting
activities on property where the activities are authorized shall not be so regulated.
Section 6. 9.02.03.04(A),Titled: Exemptions, City Code,�is amended to read:
A) It shall not be the intent of this section to regulate noises in circumstances where persons,
property, wildlife or plant life are not affected by the noise. The following activities or sources
are exempt, except during certain hours as specified below:
(1) Activities covered by the following: stationary, non-emergency signaling devices,
emergency signaling devices, domestic power tools, air-conditioning and air-handling equipment
for residential purposes, operating motor vehicles, refuse collection vehicles;
(2) The unamplified human voice;
(3) Railway locomotives and cars;
(4) The lowing of cattle,the clucking of fowl, the neighing of horses,the baying of
hounds or other normal sounds of reasonably cared for agricultural or domestic animals, as well
as the sounds of necessary farming equipment fora bona_fi_de_agriculturaloperation; __
(5) Aircraft operations;
(6) Construction or routine maintenance of public service utilities;
(7) Houses of worship bells or chimes (see division(B) (5) below); or
(8) Activities regulated by the Pasco County Mining)regulations.
(9) Firearms.
OR BK 8621 PG 559
4 of 4
Section 7. Conflict. The provisions of this Ordinance shall be deemed to control and prevail
over any ordinance, regulation, rule, or portion thereof in conflict with the terms hereof. -
Section 8. Effective Date. This Ordinance shall become effective upon its adoption by the
City Council of the City of Zephyrhills and signing.by the Mayor.
Section 9. If any phrase or portion of this Ordinance, or the particular application thereof,
•shall be held invalid or unconstitutional by any court, administrative agency, or other body, with
appropriate jurisdiction,then the remainder thereof shall not be affected thereby.
Section 10. Sections of this ordinance may be renumbered or re-lettered and the word
"ordinance"may be changed to "section," "article,"or other appropriate word or phrase in order
to accomplish_this intention; and regardless of whether inclusion in the code is accomplished,
sections of this ordinance may be'renumbered or re-lettered. The correction of typographical
errors that do not affect the intent, may be authorized by the City Manager and City Attorney,
without the need of public hearing,by filing a corrected or recodified copy with the Clerk of the
Circuit Court.
The foregoing Ordinance No. 1070-11 was read and passed on the first reading in an open and
regal &r �e tYrig ,pf the City Council of the City of Zephyrhills, Florida, on this 26th day of
"Lindaa5."Bo• ; City Clerk Jodi Wilkeson, Council Presi en
o Off•.
The foregding.Ordinance No. 1070-11 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
..Florida, or}tl�iq 10th day of October, 2011.
fittest:"
LLiht1âD. Boan, City Clerk Jo i Wilkeson, Council Pre ident
The fore Bing-Ordinance No. 1070-11 was approved by me this 10th day of October, 2011.
W. Cliff Du fie, M
Approved as to legal for legal content
is , City Attorney