8275-11ORDINANCE NO. 8275-11
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO THE DISCHARGE, SALE, AND POSSESSI�N OF
WEAPONS, INCLUDING FIREARMS; AMENDING SECTIONS
8.08, 15.07(3), 21.06, AND 22.39, CLEARWATER CODE OF
ORDINANCES, TO ELIMINATE ANY REGULATIONS
PERTAINING TO FIREARMS THAT WOULD BE CONTRARY TO
SECTION 790.33, FLORIDA STATUTES (2�11); PROVIDING AN
EFFECTIVE DATE.
Whereas, the Florida Legislature recently adapted House Bill 45, amending Section
790.33, Florida Statues, effective October 1, 2011, ta strongly express the State's
preemption in Chapter 790, Florida Statutes, of the "whole field of regulation of
firearms" to include the purchase, sale, transfer, taxation, manufacture, awnership,
possession, starage and transportatian thereof; and
Whereas, the law makes "[aJny person, county, agency, municipality, district, or
other entity that violates the Legislature's occupation of the whale field of
regulatian of firearms ... by enacting or causing to be enforced any lacal
ordinance ... impinging upan such exclusive occupation of the field" liable for
damages; and
Whereas, if the caurt determines that a violation of Section 790.33, Florida
Statutes was knowing and willful, the court must assess a civil fine af up to
$500� against the elected ar appointed lacal governmental official ar
administrative agency head under whose jurisdiction the violation occurred;
and
Whereas, public funds cannat be used to defend or reimburse any person
found to have knowingly and willfully violated the law; and
Whereas, a knowing and willful violation by a person acting in an official
capacity or under color of law for any entity enacting or causing to be
enforced a local ordinance prohibited by Section i90.33, �lorida St�tutes,
shall be cause for termination of employment or contract or remaval from
aifice by the Governar; and
Whereas, any persan or organization whose membership is adversely affected
by "any ordinance, regulatian, measure, directive, rule, enactment, order, ar
policy promulgated or caused to be enforced in violation" af the law may file a
lawsuit seeking declaratory and injunctive relief and far actual damages
up to $100,000, including attorney's fees and costs; and
Whereas, Chapter 790, Florida Statutes, currently contains numerous sections
regulating the use and possession of firearms in public places, for example,
Sectian 79Q.15, which prohibits a person from knowingly discharging a firearm
Ordinance No. 8275-11
in any public place, on ar over the right-of-way of any paved public road,
highway, or street, or over any occupied premises, and Section 790.06, which
autharizes the issuance to individuals of licenses to carry a concealed firearm in
public except in those locations enumerated in the statute, such as police
stations, jails, courthouses, palling places, meetings of gov�rning bodies,
schools, professianal athletic events, airport passenger terminals, and the
partion of alcaholic beverage establishments primarily devated to the
consumption af alcoholic beverages on the premises; and
Whereas, the Florida Attorney General has opined in AGO 2005-40 that local
governments are preempted by Section 79D.33, Florida Statutes, from imposing
regulations pertaining to the discharge of firearms because such activity is
regulated by Section 79Q.15, Florida Statutes; and
Whereas, #he Clearwater Code of Ordinances contains numerous sections that
also regulate the discharge and possession of firearms and other weapons in
public places, which must be amended to avoid a conflict with Section 790.33,
Florida Statutes; and
Whereas, however, Sectian 790.33(3)(a), Florida Statutes, autharizes local
governments to impose regulations relating ta firearms when specifically
permitted by general law; and
Whereas, Section 870.044, Florida Statutes, authorizes a designated city
official to declare a state of emergency and regulate the sale or display of
firearms or the possession of firearms in public places whenever the designated
city official determines that there has been an act of violence or a flagrant and
substantial defiance of, or resistance to, a lawful exercise of public authority and
that, on accaunt thereof, there is reason to believe that there exists a clear and
present danger of a riot or other general public disorder, widespread
disobedience of the law, and substantial injury ta persons or to property, all of
which constitute an imminent threat to public peace or order and to the general
welfare of the jurisdiction afFected or a part or parts thereof; and
Whereas, Section 252.4fi(2), Florida Statutes, authorizes the suspension of all
laws in canflict with any order or rule promulgated by a local government
pursuant to its emergency management powers; and
Whereas, Section 252.38(3), Florida Statutes, pertaining ta the emergency
management powers of political subdivisions, states that "each political
subdivision shall have the power and authority ... to ... provide far the health
and safety af persons and property"; now therefare,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
2 Ordinance No. 8275-11
Section 1. Section 8.08, Clearwater Cod� of Ordinances, is hereby amended
to read as follows:
Sec. 8.08. Shooting at prohibited.
� No person shall shoot e�ee� at any animal ar fawl in the city;_ with a
....' . p . . �_�Y � __.._. ° _
� W of a s nn ar other mechanica� f compressed air
he exna s on hlch �� � or"° a!le is ro,�elled b the action �__,
ro ect _ _
means eit �°�
,
, or with bows
and arrows slin shots or other wea ans otentiall dan erous to animals or
wildlife.
� This sectian does not ap,plv ta a person lawfullv defendinq life or property, ta
a erson dischar in the wea on on ra erties ex ressl a roved for
huntin b the Fish and Wildlife Conservation Co
� � of
mmission or ivision
Forestrx,. _or to a qerson n e erm ssiblel either b e thehcire the tat� 1tor the
�a�....m. �,.....-......r-...- �.�. . . . .... ...... ... � . �,,,,.,. . ,,.,,.,.,,,�.���. �� .�,.......,, .,,., ,r � .. .. �� . , � , , , ,� , �,,,. ,,, , , �
been
desig�,nate� e�,� T X_ . �,�.—� -- '
United States;.
� no . tended to re� _ _ q, . .. . _ _ . _ ---- -.
� .^ _- e af firearms, which is
_._ _
3 This section is t in ulate the dischar
re ulated b�Section 790. Florida Statutes (2�11
� �.,,�-- �-
Sectian 2. Section 15.07(3), Clearvvater Code of Ordinances, is hereby
amended to read as follows:
, _._ .... -- - .... _. --- _ .
Sec. 15.07. - Declaration of state of emergency.
**_**�
_.. . _. _- _ -- _ _y _.. ._ _ _p ----. _ . _ _. .
3 Emer e y . authorized b this cha ter shall include but are not
_____
� .. �
limited to the followinglsub ect --_ --._. __.
) �... _nc res ..... .. .
1 s'�I
Resolution
A I Evacuation
Subject
B �Curfews; declaration of areas oif limits
C Suspension or regulation of the sale of alcoholic beverages, the sale
and the dis la for sale of firearms as well as the ossession in a
aublic place of firearms as rmitted b Florida S#atutes , explosives
or combustibles
D IProhibiting the sales of inerchandise, goods or services at more than
the normal average retail price
E I Water use restrictions
F Suspension of local building regulations
G Rationing of fiuel, ice and other essentials
3 Ordinance No. 8275-11
H Emergency procurement procedures
I Gas use restrictions
******
Section 3. Section 21.06, Clearwater Code of Ordinances, is hereby amended
to read as follows:
S�c. 21.06 Discharging weapons ��^T.. ��:.
� It shall be unlawful for any person to fire any weapon from r,.;;;°, ^,,^ ^~_^;°+°�
� .,.. . p� p opelled b�r the action of
+� n p r which a t�e ro'ectile is r
compressed air, the expansion of gas or a s rm , ar ather mechanical
. , . � . ,,,,,,,,,,,,,,, ---- -- . ,
,
se of life
means,_ within �h ce b r at alw enforcemen ofFice pen J aa ed lin the d �
� ischar e
g_
or pro�ertv or e_ � ............. �. .._. .
.,... . r
: �..,, . ., ,..,,,..,,.,'�,,�„� ,,.. ..._... . .
f h �,,..,,..w,,,,_,,,., ,,,,_,..r,..,���." � �. P. a�
un ub ist
a n I e orh fletl ne e. Th s s ctionl shall not be construted t� I
g , . ,,� „� .. . ..... .. . ..:,__ . �,,,, ,,,,, . .
o prohibit spear;
9 . ................Y,.�,,.....,.....,,...��.�.,,.�.,..,,,,,,,,..,,,�..�,,...,,,....,,,.,,,,,,,...,,,,,..., �!... .... . en designated, as bein�,
fiishin m an area where such activi_ has be
permissible either by the ci�,i, the state or the United States.
�--� .. .. - _. _.W..._..._..... .. �ot intended t M.,. __..._ .the discha --------_. . .
r e of firearms which is
2 Te ! ulat dI b ISection�790.15 Florida Statutes 2011 .
Section 4. Section 22.39, Clearwater Code of Ordinances, is hereby amended
to read as follows:
Sec• . -_ . g..-- -.. _ .... _. _ _
---- 22.39. - Huntin
and weapons �ea�s,
---- .. . .,M ............... ......_ . n shall openly carry, us. ,.., pos -----s _._ _. _ .
P...._,,..w,., .. e a....
s a wea on from
o ectile of com re sed air
unauthorized erso ..,��elled b the action � � e
(1) _No......
. .
which a pr � is prop �, ,� .��d _
_.�.� ...— _..��. ,��,� —.,�
. e
_ . _ . � .�.�.. �, ,
' ' S
' n
. . ._....... ......... ... .......... ... hanica... mea. � ., .,,.,,, ,, . ... . ----- -
f as or a s rm or ot er mec
ex _. ansion...o.. ....�.....� .
. . - • � • , ' � ��� . , . arrows,
bows an
._.
��._.,,,.,....,�....�.mm...._.wW.,,,,..,�.M...� � ..............�_.,....Y........_....... .... ., „�,,,weapon..pot
-.
� . . _ p � �Y
dan erous to wildlife or human safe an an p p
r'1 r �
. � other form„ ,, „ ubhc beach .V
o _ i
' ark area
s in s o s oomeran s or an Y, ,,, :: .. .__, _
�. ............. _
_.
ance with the rules and regulatians as a participant
exce�t at and in...accord ................. .......M....._.._........ ._........ ,, __ __ .._. .
,in a program sponsored by the_department.
(2) No unauthori�ed person„shall hunt, . p, p.. �,dlif __ bY anY me _
__ _. ursue wil _
_
tra or e ans ar
-- - method whatsoever an anY public beach_ or _-- --- --
� park area.
� This section is not intended to re ulate the car in use or ossession
_ _.._ . . _. - ------- . . _ _ _. . ..
of firearms which are re ulated b Cha ter 790 Florida Statutes 2011 .
Section 5. This ordinance shall take effect imrnediately upon adoption.
4 Ordinance Na. $275-11
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Rabert . Surette
Assista City Attorney
�
us 1 8 201 1
�Pntember 1. 2011
.�� Y � _
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
�6�.�°�l�r���'�.a
���
�����
� ,,,�r"���,\�
.�
��---�-�°��i �
�� ��
�, .� ,►
'�.. _ �
Ordinance No. $275-11
�