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HomeMy WebLinkAboutOrdinance 2001-113 ORDINANCE NO.: 2001-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO PUBLIC SAFETY, REQUIRING LOCKING DEVICES ON FIREARMS STORED IN THE CITY OF SUNNY ISLES BEACH; PROVIDNG SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. WHEREAS, on October 3,2000, Miami-Dade County passed Ordinance No. 2000-123, which is a similar to the ordinance being proposed hereinbelow; and WHEREAS, under the Home Rule Charter, the County requires the City to do the same; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Locking devices required for firearms. (a) Definitions: For purposes of this section, the following terms shall be defined as follows: (1) Locking device means a device that when installed on a firearm and secured by means of a key or a mechanically or electronically operated combination lock prevents the firearm from being discharged without first deactivating or removing the device. (b) If a person stores or leaves a firearm at any location where the person knows or reasonably should know that a minor might gain access to the firearm, the person shall secure the firearm with a locking device or in a securely locked box or container except when it is carried on his or her body or is located within such close proximity that the person can retrieve the firearm and prevent access to it by a minor. (c) A violation of this section is a breach of a duty of safety owed by the person who owns or possesses the firearm to all minors who might gain access to it and to the general public. (d) A person who is convicted of violating this sub-section shall be punished by a fine not to exceed five hundred ($500) dollars or by imprisonment in the County jail for not more than sixty (60) days or by both such fine and imprisonment. (e) Applicability. This section shall apply to the incorporated and unincorporated areas of Miami-Dade County. Locking devices on firearms Ord. LMD:ch 12/28/00 - ll: 19 AM Legislation/ordinances/attorney I Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections sentences, clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of the City of Sunny Isles Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the work "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. reading. This ordinance shall become effective ten (10) days after adoption on second PASSED AND ADOPTED at first reading the ,cgillday of January, 2001. ,.. :.~ j'/ {' AnEs.T': l~. '-.. -:) " '\- " ~" ~ .... -.'" ./ r i . ,":' I~/ '"...., ... -: -.: .':. ,'-~....... ,_:', " ....~ ~,.,i,~" ',{ ~""~,i," ...', fM\Ac.. , . I . ':'i~c~d Brown-M?tiIla, City Clerk ,.; , i~. -, ~'.\' ~ (, ,,' ,2001. APPROV'ED AS TO LEGAL FORM AND SUFFICIENCY: Motion on second reading by: ,""C<C- rY\PNO~_+(AUt=FmA-1\I Second on second reading by: (' ~IS'S: 'OA)~ ~ IGLt'5:1 A-S Vote: 5-0 Mayor David Samson Vice Mayor Lila Kauffman Commissioner Irving Turetsky Commissioner Connie Morrow Commissioner Daniel Iglesias Locking devices on firearms Ord. LMD:ch 12/28/00 - 11:19 AM Legislation/ordinances/attorney (yes) V (yes) V (yes) V (yes) ~/ (yes )~ 2 (no)_ (no )_ (no )_ (no)_ (no )_