HomeMy WebLinkAboutLegislation 10/27/11City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00940 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE REGULATIONS,"
AND CHAPTER 45 OF THE CITY CODE, ENTITLED "PUBLIC ORDER", TO
REMOVE LANGUAGE INCONSISTENT WITH SECTION 790.33 FLORIDA
STATUTES, AS AMENDED, MORE PARTICULARLY BY REPEALING SECTION
38-55, ENTITLED "FIREARMS, EXPLOSIVES OR AIR POWERED WEAPONS", TO
REPEAL THE PROHIBITION OF POSSESSING FIREARMS IN PARKS AND BY
AMENDING SECTION 45-4, ENTITLED "SAME -DESIGNATED", TO REPEAL THE
REGULATION OF FIREARMS DURING A DECLARED STATE OF EMERGENCY;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature adopted House Bill ("HB") 45 during the 2011 Legislative
Session with the intent of clarifying and reorganizing provisions of the law that preempt to the State of
Florida ("State") the entire field of regulations of firearms; and
WHEREAS, HB 45 was signed by Governor Scott on June 2, 2011 and became effective on
October 1, 2011 as Chapter 2011-109 Laws of Florida, as Section 790.33 Florida Statutes; and
WHEREAS, Section 790.33 Florida Statutes prohibits a knowing and willful violation of certain
Florida Legislature regulations related to firearms and ammunition by enactment or causation of
enforcement of any local ordinance or administrative rule or regulation; eliminates provisions
authorizing counties to adopt ordinances requiring waiting period between purchase and delivery of
handgun; provides injunctive relief from enforcement of invalid ordinance, regulation, or rule; provides
civil penalty for knowing and willful violation of prohibitions; provides that public funds may not be used
to defend or reimburse unlawful conduct of person charged with knowing and willful violation of act;
provides for termination of employment or contract or removal from office of person acting in official
capacity who knowingly and willfully violates any provision of act; provides for declaratory and
injunctive relief for specified persons or organizations; and further provides for specified damages and
interest; and
WHEREAS, no comparable provision exists in Florida Statutes relating to the possession of a
firearm in a municipal park and therefore Section 38-55 of the Code of the City of Miami, Florida, as
amended ("City Code"). has been preempted by the Florida Legislature; and
WHEREAS, Section 870.044 Florida Statutes provide the circumstances when certain
designated public officials can enact restrictions of firearms and ammunition during a declared state of
emergency and consequently certain provisions of Section 45-4 of the City Code are redundant and
should be removed to prevent conflict with the.State statute;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 4 File Id: 11-00940 (Version: 1) Printed On: 10/11/2011
File Number..11-00940
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article II of the City Code is repealed in the following particulars:{1}
"CHAPTER 38
PARKS AND RECREATION
ARTICLE II. USE REGULATIONS
Sec. 38 55. Firearms, explosives or air powered-wee-pe+
pork area.
*II
Section 3. Chapter 45 of the City Code is amended in the following particulars:{1}
"CHAPTER 45
PUBLIC ORDER
Sec. 45-4. Same -Designated.
The following are designated as emergency measures:
The sale or other tra
transfer a+
prohibited.
any size or
City of Miami
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File Number: 11-00940
prohibited.
(1 a) The city manager shall establish curfews under such terms and conditions as he deems
necessary for the preservation of peace, health, and safety for the citizenry, including, but not
limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and
parking, and any person violating the terms of the curfew as established by the city manager
shall be subject to the penalty set out in section 1-13. The city manager may make such
exceptions to this curfew as may be necessary for the provision of designated essential
services such as fire, police and hospital services, including the transportation of patients
thereto, utility emergency repairs and emergency calls by physicians.
(2 6) The sale of any alcoholic beverage is prohibited.
(3 7) The possession on the person in a public place of any portable container containing any
alcoholic beverage is prohibited.
(4 6) The city manager may, in his discretion, close places of public assemblage, with
designated exceptions, and assemblage by any person or persons in such closed place is
prohibited.
(5 8) The sale or other transfer of possession, with or without consideration, of gasoline or
any other flammable or combustible liquid or gas, except by delivery into a tank properly affixed
to an operable motor -driven vehicle, bike, scooter, boat or airplane and necessary for the
propulsion thereof, is prohibited.
(6 10) The possession in a public place of any portable container containing gasoline or any
other flammable or combustible liquid or gas is prohibited.
(7 11) There will be a prohibition against unconscionable prices (price gouging) during a
declared state of emergency. The declared state of emergency may be at the municipal,
county, state, and/or federal level.
III
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU 6"
CITY ATTORNEY
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File Number: 11-00940
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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