HomeMy WebLinkAboutR-82-0099M82- 82
(2/11/82) RESOLUTION NO. 8 2 _ 9
A RESOLUTION URGING THE ADOPTION
ORDINANCE*BYTHE
EVERYIUN�TS
CONTAINED IN THE ATTACHED
OF GOVERNMENT IN THE STATE OF FLORIDA; DIRECTING
THE CITY CLERK TO FORWARD COPIES OF SAID ORDINANCE
TO THE DADE LEAGUE OF CITIES AND THE FLORIDA LEAGUE
OF CITIES FOR DISTRIBUTION TO ALL MEMBER CITIES AND
COUNTIES; FURTHER DIRECTING THE CITY CLERK TO FORWARD
COPIES OF SAID ORDINANCE TO ALL COUNTY COMMISSIONS IN
THE STATE OF FLORIDA; FURTHER INSTRUCTING THE
CITY ATTORNEY TO DRAFT A PROPOSED BILL FOR PASSAGE
BY THE STATE LEGISLATURE INCORPORATING THE PROVI-
SIONS OF THE ATTACHED ORDINANCE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission hereby urges the adoption
of the provisions contained in the attached ordinance by every
unit of government in the State of Florida.
Section 2. The City Clerk is hereby directed to forward
copies of the attached ordinance to the Dade League of Cities and
the Florida League of Cities for distribution to all member cities
and counties urging the adoption of the provisions of the attached
ordinance.
Section 3. The City Clerk is further directed to forward
copies of the attached ordinance to all county commissions in the
State of Florida;
Section 4. The City Attorney is hereby instructed to
draft a proposed bill for passage by the State Legislature incor-
porating the provisions of the attached ordinance.
PASSED AND ADOPTED this llth day of February, 1982.
M82- 82
{2/11!,(-1.)
I
ORDINANCE NO. 9371
AN EMERGENCY ORDINANCE MAKING IT UNLAWFUL FOR ANY
PERSON TO SELL, OFFER FOR SALE, BARTER, LEND, GIVE,
DELIVER, PURCHASE OR POSSESS THE PROJECTILE CAPABLE
OF BEING PROPELLED BY THE ACTION OF AN EXPLOSIVE
FROM A HANDGUN OR PISTOL K1401,1N AS AND CURRENTLY SOLD
UNDER THE BRAND NAME OF "KTW"; FURTHER PROVIDING
THAT THE ACTIVITIES PROHIBITED AND DECLARED UNLAW-
FUL IN THIS ORDINANCE SHALL NOT BE APPLICABLE TO
LAW ENFORCEMENT OFFICERS ACTING WITHIN THE SCOPE OR
COURSE OF THEIR OFFICIAL DUTIES OR WHEN ACTING AT
ANY TIME IN THE LINE OF OR PERFORMANCE OF DUTY OR
TO PERSONS PROVIDING OR FURNISHING THE PROJECTILES
PROHIBITED IN SECTION 1 OF THIS ORDINANCE TO A LAW
ENFORCEMENT OFFICER; CONTAINING A SEVERABILITY
CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Anything in the Code of the City of Miami,
Florida, to the contrary notwithstanding, it is unlawful for any
person to sell, offer for sale, barter, lend, give, deliver, pur-
chase or possess the projectile capable of being propelled by
the action of an explosive from a handgun or pistol known as and
currently sold under the brand name of "KTW".
Section 2. The activities prohibited and declared unlaw-
ful in Section 1 hereof shall not be applicable to law enforcement
officers, as defined in §790.001(8), F.S., when said law enforce-
ment officer is acting within the scope or course of his official
duties or when acting at any time in the line of or performance
of duty or persons providing or furnishing the projectiles pro-
hibited in section 1 of this ordinance to a law enforcement officer.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
Section 4. This ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Z1
Section S. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not less
than four -fifths of the members of the Commission.
I PASSED AND ADOPTED this llth day of February, 1982.
Maurice A. Ferre
M A Y 0 R
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
A
D AS TO FORM AND CORRECTNESS:
F. KN JR.
TTORNEY
-2-
P, 9371
RAYMOND C. WINSTEAD, J$- ",e Secretary
V
BERNADETTE S. ROEDER,
February 26, 1982
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COMMISSIONERS
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City ID f M i a � ci
Ralph G. Ongie, City Clerk
City of Miami
p, 0. Box 330708
Miami, Florida 33133
Dear Mr. Ongie:
Re: Resolution No. 82-99 and Ordinance No. 9371 1982,
County Commissioners, in regular 2s99sand Ordinancen on rNo259371
The Board of Cou y of your Resolution No. 8
acknowledged receiptro ectile.
relating to the sale of KTW p J
Thank you for your consideration.
Sincerely yours,
BOARD OF WINS�EADY JRUNTMMICLERKERS
R. C.
4Bernate Roeder, Deputy Clerk
LEE WENNER JOE WICKHAM
JOHN HURDLE VAL M. STEELE Vice•Chairman Chairman
D. GENE ROBERTS District 2 District 3 District 4 District 5
District 1
DOUGLAS S. FUTCH, Administrative Director
ROSERT L. NABORS R. C. WINSTEAD, JR.
County Attorney
Clerk
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STATE OF FLORIDA
(AW�
THE CAPITOL
TALLAHASSEE32301
982 h1, � q A\v1 0• 2
City Ctl:rk
City of Minmif FFebruary 22 , 1982
Mr. Ralph G. Ongie
City Clerk
City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear Mr. Ongie:
Thank you for your letter of February 22 and
the enclosed copy of the resolution and ordinance
regarding the KTW bullet adopted by the Miami
City Commission.
We appreciate your providing us a copy of this
information.
With kind regards,
LM/hw
Sincerely,
Linda McMullen
Legislative Counsel
An Affirmati%e Action Equal Opportunity Employer
rector
HNER
,nt
E, in.
M
t
Mayor, West Mlaml
a. n -
The Dade County League of Cities, Inc.
4011h EAST FIRST AVENUE, HIALEAH, FLORIDA 33010
t . • SEAL -
< e :• " ti 887.838
i. dy °s 1953 1+
RUSS lveDirector
RUSS MA
PRELIMINARY AGENDA Consultant
OFFICERS OARD OF DIRECTORS MEETING JACK R. RICE, JR.
President BOGEY'S BARN
HON. HOWARD M. NEU
Mayor, North Mlaml
First vice President . • 9300 SW 15 2ND ST .
HON. BETTY ANDREWS LANT2
Vice Mayor, South Mlaml THURSDAY, MARCH 4, 1982
Second Vice President • 6 : 30 P • M.
HON. WILLIAM H. KERDYK
Commissioner, Coral Gables NOTE: PRICE OF DINNER
Third Vice President
HON. FORREST BOWEN
Councilmen, El Portal
Secretary
HON. HARRY COHEN
Councilman, North Miami Beach
Treasurer
HON. VALERIE HICKEY PATTON
Councilwomen, West Miami
BOARD OF DIRECTORS
HON. JOHN SHERMAN
Councilman, Bal Harbour
HON. JOSEPH J. GARDNER
Mayor, Bay Harbor islands
HON. JAMES A. REEDER
commissioner, Biscayne Park
HOW WILLIAM H. CHAPMAN
Mayor, Coral Gables
HON. JORGE VALDES
Commissioner, Dade County
MON. PAUL L. CEJAS
Chairman, Dade County School Board
HOW JENNY NOTARO
Commissioner, Florida City
HON. IRVING SCHULMAN
Mayor, Golden Beach
HON. RAUL L. MARTINEZ
Mayor, Hialeah
HON. JACK BESONER
Council Chairman, Hialeah Gardens
HON. IRVING PESKOE
Mayor, Homestead
HON. JACK MORROW
Councilman, Medley
HON. MAURICE A. FERRE
Mayor, Miami
HOW NORMAN CIMENT
Mayor, Miami Beach
HON. ELSPETH JENSEN
Councilwoman, Miami Shores
HON. JOHN A. CAVALIER, JR.
Mayor, Miami Springs
HON. ROBERT SMOLEY
Mayor, North Bay Village
HON. ROBERT P. LIPPELMAN
Councilman, North Miami
HON. MARY FOOTE
Councilwoman, North Miami Beach
HON. WILLIE F. LOGAN, JR.
Mayor, Opa•locka
HON. ELI LURIE
Vice Mayor, Surtside
HON. JERRY PUCCI
Councilman, Sweetwater
HON. ROY WHITFIELD
Mayor, Virginia Gardens
PAST PRESIDENTS
HON. EDWARD J. BURKE
Mayor, Biscayne Park
HON. LOUIS HAAS. M.D.
councilman, Bay Harbor Islands
HOW J.L PLUMMER, JR.
commissioner, Miami
HON, ROBERT TAYLOR
Councilman, North Miami Beach
HON. VICTOR WILDE
Councilman, Hialeah
HON. MARTIN YELEN
Mayor, West Miami
1. INVOCATIGN:
2. PLEDGE OF ALLEGIANCE:
3. INTRODUCTIuNS:
4. APPROVAL OF MINUTES:
ON 4 IS $15 PER
PERSON. PLEASE CONFIRM
YOUR ATTENDANCE BY
CALLING THE LEAGUE GF-
FICE AT 887-6363 OR
887-3400
Board meeting of Feb. 4, 1982 (previously mailed)
SPECIAL PRESENTATION:
a. Update on status of enforcement of municipal
ordinances (State Attorney Janet Reno)
5. OLD BUSINESS:
a. Legislative Committee (Chair Cohen)
I. Legislative Update
6. NEW BUSINESS:
a. Report of Nominating Committee (Chair R. Taylor.
E. Burke, L. Haas, J. L. Plummer, V. Wilde and
? Yelen)
b. Decision by Metropolitan Dade County to charge
costs for maintaining municipal police communica-
tions equipment to the particular municipalities.
Heretofore, expense has been absorbed by the
county
c. Resolution of the City of Gpa-locks requesting
municipalities within Dade County not to hire or
engage any law enforcement personnel under con-
tract with the City of Gpa-locks
d. Resolution of the City of Miami requesting Dade
League support to prohibit the sale, purchase or
possession of the explosive projectile "KTW"
7. REP_
a. Treasurer's Report (2/4-3/4/82)
b. Consulting Attorney Jack R. Rice, Jr.
c. Executive Director Russ Marchner
(cont' d)
8. COMMITTEE REPORTS: elman)
-Biscayne Bay Management (Gardner, Lipp
-Education (Chair Carroll)
-Gold Coast League of Cities (Chair Cohen)
-Joint Liaison
-Metropolitan Dade County Railroad Noise (Cavalier)
-South Florida Regional Planning Council (Ferre, Lantz)
-Transportation (Chair Lantz)
-Water Quality Advisory Board (Kerdyk)
9. COMMUNICATIONS:
a. Rep. Bob Reynolds re: Dade League resolution requesting that
additional appropriations be mad tostatfund
revenucriminal Justice
system from existing sources
10. ANNOUNCEMENTS:
a. Notice that Commissioner Roy S. Shiver will represent Florida
City on the Dade League Board.
b. Notice that Vice Mayor Doreen SauWithwMalorePaulent Vogelrserving
Village on the Dade League Boar Y
as alternate. Council 10 am, Monday, Mar. 1,
c. South Florida Regional Planning ,
Howard Johnson's, 16500 NW?nteluncheon meeting,Lantz)
12 noon
d. City/County Attorneys Association
Friday, Mar. 5, Mutiny, 2951 South Bayshore Dr., Coconut Grove
e. Gold Coast League of Cities dinner meeting,7 pm, Thursday,
Mar. 11
f. ANNUAL MIDYEAR general membership dinner meeting, 7:30 pm,
jean Ballroom, Konover Hotel, 5445
Saturday, Mar. 13, Amer
Collins Ave., Miami Beach. Reception at 6:30 pm. Dinner will
be $19 per person, including tax and gratuity. All reservations
must be paid for either in advance or at the door. No billings
permitted. Seating is on a first -come, first -served basis.
Deadline for reservations is 12 noon, Thursday, March 11.
NO
cancellations accepted after deadline. No-shows will be billed
for full payment if we do not
receive
A MUSTCnotice
Thank youcancellation
for your
be-
fore deadline. Again, RESERVATIONS
cooperation. Call 887-6363 or 887-3400
g. Joint Liaison Committee breakfast meeting, 8 am, Friday, Mar.
26, Marriott Hotel (Neu, Larin� Dadeykq Countye, Marchner)
Commissioner Barry D.
h. Non -Banquet, Non -Event honoring
Schreiber. Please call 651-0155 for further information.
i. Executive Master of BusineasAca111284a5210 fortion gfurtheriinforma-
of Miami, Fall, 1982. Ple se
tion. Thursda April 1
J. Next Board meeting, 6.30 pm, Y,
11. GOOD OF THE ORDER:
12. PRESENTATION OF BILLS:
f
February 22, 1982
Ms. Linda McMullen
Legislative Counsel
State of Florida
Office of the Governor
The Capitol
Tallahassee, Florida 32301
Dear Ms. McMullen:
RALPEi C. O\C:il
Cit\ C Ir•r',
MMIN HIRE,
q\cir, jn! C
D11TT1 C111 Cl f I:�t,`
MICRO[ It \1
D\�mutt;n �cus',!
At its meeting held on February 11, 1982, the City Commis-
sion passed Resolution No. 82-99 and Ordinance No. 9371 in
connection with the KTW bullet. During the City Commission
discussion on the issue, Commissioner Joe Carollo-mover of
the motion- expressed the desire that both of the above -
cited instruments be sent to the Governor's Office in Tal-
lahassee, and, in accordance with his request, enclosed
herein please find same.
Thank you for your continued cooperation.
r ;PH
tuly yours,
G. ONGIE
CITY CLERK
RGO:smm
Enclosures (2)
Off ICE Of THE CITY CIERIC.' Cite Hall , 3500 Pan American Dime Miami, I Icrrida 33133 5?9-6065