HomeMy WebLinkAbout2011-015 Amending Chapter 73, States of Emergency ORDINANCE NO. 2011 -2015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO STATES OF EMERGENCY; REPEALING THE
DEFINITIONS OF FIREARM AND WEAPON IN SECTION 73 -1
OF THE OCOEE CITY CODE AND REPEALING SUBSECTION
73 -4.A 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 73,
entitled States of Emergency, 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_1777264.1
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. Section 73 -1 of Chapter 73 of the Code of Ordinances of the City
of Ocoee, Florida, entitled Definitions, is hereby amended by repealing, rescinding and deleting
in their entirety the definitions of "firearm" and "weapon" set forth therein.
SECTION 3. Subsection 73 -4.A of Chapter 73 of the Code of Ordinances of the
City of Ocoee, Florida, entitled Automatic prohibition upon display and sale of weapons, is
hereby repealed, rescinded and deleted in its entirety.
SECTION 4. 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 5. 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.
ORLA_1777264.1 -2-
SECTION 6. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this aO day of September, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
-_° 1� I - / A ' 4./ i.
: e kenberry, City Clerk di S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED, 2011
READ FIRST TIM + 51Aemwr to , 2011
READ SECOND TIME AND ADOPTED
�x'
UND R AGENDA ITEM NO. (D10
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY j
thisgb day of y& , 2011.
FOLEY & ARDNER LLP
By:
C4,4141
City Attorney
ORLA_1777264.1 -3-