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2011-015 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of Ordinances of the City of Ocoee, Florida, entitled Automatic prohibition upon display and sale of weapons, is hereby repealed, rescinded and deleted in its entirety.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-