HomeMy WebLinkAboutOrdinance No. 08-2011 i
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ORDINANCE NO. 08-2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA; AMENDING SECTION 18 -3
OF THE CITY CODE, RELATING TO REGULATION OF
WEAPONS DURING CIVIL EMERGENCIES; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
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 enforced any local ordinance or administrative
rule impinging upon the state's firearms preemption and may be subject to penalties; and
WHEREAS, the penalties include the issuance of a permanent injunction prohibiting the
City from enforcing an ordinance 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 Cape Canaveral City Code currently contains a provision allowing certain
regulation of weapons in emergency circumstances, and the City Council desires to clarify the Code
to define weapons per Florida Statutes to exclude firearms in accordance with the state's firearms
preemption; and
WHEREAS, in order to observe the state's preemption of the field of firearms and
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Ordinance No.08 -2011
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ammunition, and to avoid the imposition of any penalties for the enforcement of these local laws,
the City Council desires to amend the City Code as set forth herein; and
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WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Council of Cape Canaveral.
Section 2. Amendment to Chapter 18. The City of Cape Canaveral Code of
Ordinances, Chapter 18, Civil Emergencies, is hereby amended as follows: (underlined type
indicates additions and bti ik ont type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this ordinance):
CHAPTER 18. CIVIL EMERGENCIES
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Section 18 -3. Emergency powers and measures.
Whenever a civil emergency is declared pursuant to section 18 -2 of this Code, the council resolution
or written instrument of the mayor or city manager shall set forth the nature of the civil emergency,
any lawful measures deemed necessary to preserve and protect the public health, safety, and welfare,
and the duration said measures shall remain in effect. Any measure promulgated under this section
shall have the force and effect of law. Such measures shall only be effective during the state of civil
emergency. Such measures may include, but are not limited to, the following:
* **
(j) Prohibit or limit the sale, purchase, transfer, distribution, display, possession, or exchange of any
weapon as defined in section 790.001, Florida Statutes; except that this provision shall not apply to
duly authorized law enforcement officials acting in an official capacity.
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
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inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral 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 5. 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
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 not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
Charter.
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on the 20th day of September, 2011.
I Cil.C2)c__JV LA ( - - -1--.9%,1/4-)--S)--Q-U3-....
ROCKY RANDELS, Mayor
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- For Against
ATTEST: Bob Hoog Second
Jim Morgan Seat vacant
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ANGE *4 APPERS , _ Buzz Petsos Motion
City Clerk ° „.,,, „ „-. -=
Rocky Randels X
Betty Walsh X
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APPROVED AS TO LEGAL FORM AND SUFFICIENCY
1 FOR THE CITY OF CAPE CANAVERAL ONLY.
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ANT ONY A. GARGANESE
City Attorney
First Reading: September 7, 2011
Legal Ad Published: September 8, 2011
Effective Date: September 20, 2011
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