HomeMy WebLinkAbout2011-014 Amending Chapter 61, Cemeteries ORDINANCE NO. 2011 -014
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City of Ocoee, Florida, is hereby repealed, rescinded and deleted, said deleted subsection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.
ORLA_1777250.1 -2-
PASSED AND ADOPTED this aD day of September, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
' 4 - lo wt S:
- `:MO enberry, City Clerk ii S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,r der tt, 2011 .
READ FIRST TIME 2011
READ SECOND TIME ND ADOPTED
S-ep i r aO , 2011
UNDER AGENDA ITEM NO. 0,.. .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this 11)day of , 2011.
FOLEY & L NER LLP
et4AA 4eit
By:
City Attorney
ORLA_1777250.1 -3-