HomeMy WebLinkAbout2011-010 Repealing Firearms Regulations RESOLUTION NO. 2011 -010
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
REPEALING ALL POLICIES, PROCEDURES, RULES AND
REGULATIONS OF THE CITY OF OCOEE RELATING TO
THE REGULATION OF FIREARMS AND AMMUNITION
WHICH ARE IN CONFLICT WITH CHAPTER 790,
FLORIDA STATUTES, AS AMENDED BY CHAPTER 2011-
109, LAWS OF FLORIDA; PROVIDING FOR
SEVERABILITY; 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 policies, procedures, rules and regulations; and
WHEREAS, Chapter 2011 -109, Laws of Florida, amended Chapter 790, Florida
Statutes, as it relates to existing and future municipal policies, procedures, rules and regulations
and imposed penalties on any elected or appointed officials who enact or enforce existing and
future municipal policies, procedures, rules and regulations in violation thereof; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA 1777272.1
SECTION 1. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. The City Commission of the City of Ocoee hereby rescinds
and repeals all policies, procedures, rules and regulations of the City of Ocoee relating to the
regulation of firearms and ammunition which are in conflict with Chapter 790, Florida Statutes,
as amended by Chapter 2011 -109, Laws of Florida; provided, however, that the foregoing shall
only relate to the portions of any such policy, procedure, rule or regulation that purports to
regulate the field of firearms and ammunition in conflict with Chapter 790, Florida Statutes, as
amended by Chapter 2011 -109, Laws of Florida.
SECTION 3. Severabilitv. If any section, subsection, sentence, clause,
phrase or portion of this Resolution 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. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this aO day of September, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
( ,
iken City Clerk S. Scott Vandergrift, Mayo
(SEAL)
ORLA 1777272.1 -2-
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. 19C„
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this J day of f 5t/ , 2011.
FOLE LARDNER LLP
By: ,,,,,,,,A74t,
City Attorney
ORLA_1777272.1 -3-