HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-014T02231
September 14, 2011
CITY OF TAMARAC, FLORIDA
ORDINANCENO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, REPEALING PART 11, CHAPTER 15,
ARTICLE III, SECTION 15-84 AND PART 11, CHAPTER 13,
SECTION 13-10 OF THE CITY'S CODE OF ORDINANCES
RELATING TO FIREARMS; PROVIDING FOR CONSISTENCY
WITH CHAPTER 2011-109, LAWS OF FLORIDA, WHICH
PREEMPTS FIREARM LAWS AND REGULATION TO THE
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 2, 2011, House Bill 45, as adopted by the 2011
Florida Legislature was signed into law as Chapter 2011-109, Laws of Florida
("the Act"), by Governor Scott; and
WHEREAS, the Act directly preempts the entire field of regulation of
firearms and ammunition to the exclusion of any city or county ordinances,
regulations or rules; and
WHEREAS, the Act provides for an effective date of October 1, 2011; and
WHEREAS, the Act provides that any such existing local ordinances, rules
or regulations are declared null and void; and
WHEREAS, the Act provides for severe sanctions and penalties in the
event that the City, Elected Officials, or Employees violate the Legislature's
occupation of the whole field of regulation of firearms and ammunition; and
WHEREAS, the City Commission finds the repeal of Part 11, Chapter 15,
IArticle III, Section 15-84 and Part 11, Chapter 13, Section 13-10 to be in the best
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T02231
September 14, 2011
interests of the citizens and residents of the City, and necessary to comply with
the new law. I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct, and are hereby incorporated herein and
made a part hereof.
Section 2. The City Commission of the City of Tamarac hereby repeals
Part 11, Chapter 15, Article III, Section 15-84 and Part 11, Chapter 13, Section 13-
10 of the City's Code of Ordinances.
Section 3. The appropriate members of the City staff are hereby
authorized to take any and all steps necessary to effectuate the intent of this
Ordinance. I
Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent
of such conflict.
Section S. If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be unconstitutional
or invalid, such unconstitutional or invalid part or application shall be considered as
eliminated and so not affecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 6. This Ordinance shall become effective on October 1, 2011.
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T02231
September 14, 2011
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PASSED, FIRST READING this day of 2011.
PASSED, SECOND READING this day of 2011.
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PETER RIC�A.TtR,X
CITY CLE ..
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BY: mi"L
MAYOR PAMELA BOSHNELL
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR BUSHNELL u�-� 4
DIST 1: COMM. SWENSON
DIST 2: V/M, GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
ORDI NCE SN616�m� RECORD OF COMMISSION VOTE: 2 ND Reading
MAYOR BUSHNELL
DIST 1: COMM SWENSON
UEL S. GOREN DIST 2: V/M GOMEZ
I
CITY ATTORNEY DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
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