2011-18 Regulation of Firearms ORDINANCE NO. 2011-18
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, RELATING TO STATE PREEMPTION
OF THE REGULATION OF FIREARMS AND AMMUNITION; AMENDING
ARTICLE I, "IN GENERAL," OF CHAPTER 8, "EMERGENCY MANAGEMENT,"
BY AMENDING SECTION 8-5, 'DECLARATION OF STATE OF EMERGENCY,"
TO DELETE THE AUTHORITY TO SUSPEND OR REGULATE THE SALE
OF AMMUNITION AND FIREARMS; AMENDING ARTICLE VIII, "WEAPONS,"
OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," BY
AMENDING SECTION 19-183, "POSSESSION," TO REMOVE THE
REGULATION OF GAS-OPERATED GUNS AND DELETE REFERENCES
TO THE CONCEALED OR OPEN CARRYING OF ANY TYPE OF FIREARM;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the enactment of Chapter 2011-109, Laws of Florida, the Florida
Legislature reaffirmed the statutory preemption of the entire field of regulation of ammunition and
firearms, imposed personal financial liability on municipal officials and employees who knowingly
violate this preemption, and authorized the payment of damages and attorney's fees by a
municipality that enacts or enforces an ordinance that attempts to regulate ammunition and
firearms; and
WHEREAS, in light of the foregoing, the Village Council wishes to amend the Village
Code of Ordinances to repeal all Village ordinances relating to the regulation of firearms and
ammunition.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 8, "Emergency Management," Article I,
"In General," of the Village Code of Ordinances by amending Section 8-5 to read as follows
(additional language underlined and deleted language stficlen-threugh):
Sec. 8-5. Declaration of a state of emergency
(a) The mayor, vice mayor or village manager, in the order named,
shall have the authority to declare a local state of emergency. Upon the absence or
unavailability of the mayor, vice mayor or village manager, the acting village
• manager may issue such a declaration.
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(b) Any declaration of a local state of emergency and all emergency
• regulations activated under the provisions of this chapter shall be confirmed by the
village council by resolution no later than the next regular meeting, unless the
nature of the emergency renders a meeting of the village council extremely
impractical. Confirmation of the emergency declaration shall disclose the reason
for, and anticipated impacts of actions proposed and taken to manage the emergency
and other pertinent data relating to the emergency requiring the declaration.
(c) Emergency resolutions authorized under this chapter shall include
but not be limited to the following subjects:
Resolution Subject
A Evacuation
B Curfews; declaration of areas off limits
C Suspension or regulation of the sale of or offer to sell,
with or without consideration: Alcoholic beverages,
, explosives or combustibles.
D Suspension of local building regulations
E Emergency procurement procedures
F Regulating the use of and rationing of fuel, ice and other
essentials
* * *
Section 3. The Village Council hereby amends Chapter 19, "Offenses and Miscellaneous
Provisions" Article VIII, 'Weapons," of the Village Code of Ordinances by amending Section 19-183
to read as follows (additional language underlined and deleted language stricken n-threugh):
Sec. 19-183. Possession.
(a) Except within his own domicile, no person shall have in his
possession, or carry or use, any air gun, BB gun, gas operated gun or spring gun
or any instrument, toy or weapon commonly known as a "peashooter," "slingshot"
or whatsoever, whether such instrument is called by any name set forth above or
by any other name.
(b) • . . . . .
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
• Ordinances for the Village of North Palm Beach, Florida.
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Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
• for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 8th DAY OF SEPTEMBER, 2011.
PLACED ON SECOND,FINAL READING AND PASSED THIS 22nd DAY OF SEPTEMBER,2011.
(Village Seal)
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ATTEST:,
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
•
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