HomeMy WebLinkAboutItem #13a First Reading of Ordinance Amending Chaper 61, Cemeteries tie cen ter of Good z
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AGENDA ITEM COVER SHEET
Meeting Date: September 6, 2011
Item # 1
Reviewed By:
Contact Name: S. Goclon Department Director: Charles J. Brown
Contact Number: X3021 City Manager: Robert Fran °`
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Subject: Ordinance amending Chapter 61, Cemeteries (First Reading)
Background Summary:
Section 790.33(1), Florida Statutes, pre -empts the field of regulation of firearms and ammunition to the
exclusion of all existing and future municipal policies, procedures, rules, and regulations. Recent changes to
Chapter 790, Florida Statutes, imposes penalties on any elected or appointed officials who enact or enforce
existing and future municipal policies, procedures, rules and regulations in violation thereof. The City
Commission of the City of Ocoee desires to assure that the City is in full and complete compliance with Chapter
790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida.
In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 61 -10.F of Chapter 61 of the
Code of Ordinances of the City of Ocoee, Florida, is hereby repealed, rescinded and deleted, said deleted
subsection currently reading as follows: "No person may discharge a firearm in or adjacent to the cemetery.
fir" This prohibition shall not apply to authorized volleys at military or paramilitary burial services."
A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City
ordinances, rules and regulations, procedures, and /or policies in conflict with this statute are rescinded. Foley
and Lardner composed the resolution and the proposed ordinance amendments.
Issue:
Should the Honorable Mayor and Board of City Commissioners repeal, rescind, and delete Subsection 61 -10.F
of Chapter 61 of the Code of Ordinances of the City of Ocoee, Florida, currently reading as follows: "No person
may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at
military or paramilitary burial services. "?
Recommendations:
It is recommended that the Honorable Mayor and Board of City Commissioners repeal, rescind, and delete
Subsection 61 -10.F of Chapter 61 of the Code of Ordinances of the City of Ocoee, Florida, currently reading as
follows: "No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to
authorized volleys at military or paramilitary burial services."
Attachments:
Ordinance amending Chapter 61
Financial Impact:
None, if proposed amendment is adopted. Significant financial penalties are attached for failing to comply with
the statute.
Type of Item: (please mark with an "x ")
Public Hearing For Clerk's Dept Use:
x Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Paul ' : z: thal 8 -23 -2011 N/A
Wil Reviewed by Finance Dept. '7C N/A
Reviewed by () N/A
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO CEMETERIES; REPEALING SUBSECTION 61-
10.F OF THE OCOEE CITY CODE IN ORDER TO COMPLY
WITH THE PROVISIONS OF CHAPTER 790, FLORIDA
STATUTES, AS AMENDED, WITH RESPECT TO THE STATE
PRE - EMPTION OF THE REGULATION OF FIREARMS AND
AMMUNITION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida regulates weapons and firearms pursuant to the
provisions of Chapter 790, Florida Statutes; and
WHEREAS, the provisions of Section 790.33(1), Florida Statutes, pre -empts the field of
regulation of firearms and ammunition to the exclusion of all existing and future municipal
ordinances, rules and regulations; and
WHEREAS, Chapter 2011 -109, Laws of Florida, amended Chapter 790, Florida
Statutes, as it relates to existing and future municipal ordinances, rules and regulations and
imposed penalties on any elected or appointed officials who enact or enforce existing and future
municipal ordinances in violation thereof; and
WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 61,
entitled Cemeteries, of the Ocoee City Code in order to bring it into compliance with Chapter
790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA_1777250.1
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Subsection 61 -10.F of Chapter 61 of the Code of Ordinances of the
City of Ocoee, Florida, is hereby repealed, rescinded and deleted, said deleted subsection
currently reading as follows: "No person may discharge a firearm in or adjacent to the cemetery.
This prohibition shall not apply to authorized volleys at military or paramilitary burial services."
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
Skov
ORLA_1777250.1 -2-
PASSED AND ADOPTED this day of September, 2011.
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APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2011
READ FIRST TIME , 2011
READ SECOND TIME AND ADOPTED
, 2011
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2011.
FOLEY & LARDNER LLP
By:
City Attorney
SOrlor
ORLA_1777250.1 -3-