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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 Cc1141 BpEVA BOBS CO NTY A cw COMMISSIONERS %,IL) - 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 a= •� K 1 t 1HE STIl W - s a O a Bolt Gt AHMNt GOVERNOR HON V I HC Cor y� Court NON. Coy BOA c HO M( H, Corr Hot Cor Chalrme t Co H( H( I Cound t HC H- H1 Gout HON H M HON Cc Councn Hot C( t- M Pt HC H( Coun( H( H Count 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