HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. ity Attorne6 ;
DATE: October 11, 2011
RE: Proposed Ordinance related to fireaiius and ammunition for
City Commission Meeting - October 27, 2011
Amending Chapter 38, Section 38-55 of the Code of the City of Miami,
Florida, as amended ("City Code"), entitled "Parks and Recreation/Use
Regulations", and Chapter 45, Section 45-4 of the City Code entitled "Public
Order/Same-Designated", to remove language inconsistent with Section,
790.33 Florida Statutes.
File No. 11-00940.
The attached proposed Ordinance for the October 27, 2011 City Commission meeting
seeks to remove language inconsistent with Section 790.33 Florida Statutes (the "Law"), as
amended during the 2011 Legislative Session, by repealing the prohibition of possessing
firearms in City of Miami ("City") parks and by repealing the regulation of firearms during a
declared state of emergency.
The Law prohibits a knowing and willful violation of statutory regulations of firearms
and ammunition by enactment or causation of enforcement of any local ordinance or
administrative rule or regulation. It provides injunctive relief from enforcement of invalid
ordinances, regulations, or rules; 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 the Law; 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 the Law; provides for
declaratory and injunctive relief for specified persons or organizations; and further provides for
specified damages and interest.
The City Code contains regulations that may run afoul of the preemption language of the
Law in two sections.
Section 38-55 of the City Code prohibits the possession of firearms in City parks. There
is no comparable provision in the Florida Statutes relating to the possession ,of firearms in
municipal parks. Therefore it is clear that Section 38-55 has been preempted by the Florida
Legislature and should be repealed.
Section 45-4 of the City Code relates to emergency measures that may be imposed during
a declared state of emergency, including measures that may be imposed banning the sale or
possession of firearms. Since Section 870.044 Florida Statutes similarly provides that a
designated public official can enact the same type of restrictions of firearms and ammunition
during a declared state of emergency, those provisions of Section 45-4 of the City Code are
redundant and should be removed in an effort to prevent any conflict with the state statute.
c: Johnny Martinez, P.E., City Manager
Elvi Gallastegui, Agenda Coordinator
Attachment(s)