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.
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Legislation/ordinances/attorney
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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.
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':'i~c~d Brown-M?tiIla, City Clerk
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,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
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