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HomeMy WebLinkAboutOrdinance_13-11_09/08/2011 ORDINANCE NO. 13 -11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 54. OFFENSES. BY REPEALING ALL LOCAL REGULATION OF FIREARMS AND AMMUNITION AS SET FORTH IN SEC. 54 -4; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 54 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Legislature of the State of Florida has, during the 2011 session, passed House Bill 45 and Governor Scott has signed same into law, with the designation of "Laws of Florida 2011 -109" effective October 1, 2011; and WHEREAS, House Bill 45 (Laws of Florida 2011 -109) strengthens and clarifies the preemption of all firearm and ammunition regulation to the state, and imposes financial penalties on any local official who attempts to enforce a local firearm or ammunition regulation; and WHEREAS, the Village Council of the Village of Tequesta desires to comply with the state preemption of firearms and ammunition regulation. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section l : Chapter 54. Offenses. of the Code of Ordinances of the Village of Tequesta, Florida is hereby amended at Sec. 54 -4. Discharge of firearm or other weapon. to repeal local regulation of firearms and ammunition; providing that Sec. 54 -4 shall hereafter read as follows: Sec. 54 -4. Discharge of firearm or other weapon. The regulation of firearms and ammunition is nreemnted by Florida law to the state, and state law shall govern the discharge of firearms in the Village of Teauesta. ° ° °„+ :,, the lawfu o i n th e di se h ar-ge oft "ie s. 1 Section 2 : Each and every other section and sub - section of Chapter 54. Offenses. of the Code of Ordinances of the Village of Tequesta shall remain in full force and effect as previously enacted. Section 3 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4 : Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance Section 5 : Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 6: This ordinance shall take effect October 1, 2011. 2 Upon Second Reading this 8 day of September 2011, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Brennan and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno Absent Vice -Mayor Vince Arena X Council Member Abby Brennan X Council Member Jim Humpage X Council Member Calvin Turnquest X The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of September 2011. VICE -MAYOR OF TEQUESTA Vince Arena ATTEST: `0o , � . T E Q,,, Lori McWilliams, MMC Village Clerk > Q pRPJED ;, . ANC ��`.• o; 0 .. ii0a� „���.