2011-09ORDINANCE NO. 2011-09
AN ORDINANCE OF THE CITY OF AVENTURA
FLORIDA AMENDING THE CITY CODE BY AMENDING
CHAPTER 2 "ADMINISTRATION," AND CHAPTER 30
"ENVIRONMENT," TO ADDRESS FIREARM
REGULATIONS PREEMPTED BY STATE LAW;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that changes to the adopted Code of
Ordinances are periodically necessary in order to ensure that the City's regulations are current and
consistent with the requirements of Florida Law; and
WHEREAS, the Florida Statutes were amended in 1987 to address the regulation of
ammunition and firearms throughout the state and to attempt to pre -empt the regulation of that field
to the State; and
WHEREAS, the City has previously Conformed to the firearm preemption by simply not
enforcing any City Code provision which was inconsistent with the preemption; and
WHEREAS, the Florida Legislature has, by the adoption of House Bill 45 during the 2011
session, further expanded the preemption of the field of firearms and ammunition , and adopted
additional penalties and repercussions for the adoption and enforcement of preempted local
regulations of firearms; and
WHEREAS, the City Commission desires to eliminate preempted regulations of
ammunition and firearms from the City's Code; and
WHEREAS, ammunition and firearms are addressed in Chapter 2, "Administration," and
Chapter 30, "Environment;" of the City Code; and
WHEREAS, the City Commission has reviewed this Ordinance at a duly noticed hearing
and determined that it is consistent with State Law; and
Ordinance No. 2011 -09
Page 2
WHEREAS, the City Commission hereby finds and declares that adoption of this
Ordinance is necessary, appropriate, and advances the public interest.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above - stated recitals are hereby adopted
and confirmed.
Section 2. City Code Amended. That Article VIII, "Emergency Management," of
Chapter 2, "Administration" of the City Code is amended to read as follows: I
Chapter 2 — Administration.
Article VIII. — Emergency Management.
Sec. 2 -404. - Declaration of a state of emergency.
(a) The City Manager shall have the sole authority to declare a state of emergency.
(b) Any declaration of a state of emergency and all emergency regulations activated
under the provisions of this article shall be confirmed by the City Commission by
resolution no later than at the next regular meeting, unless the nature of the emergency
renders a meeting of the City Commission impossible. Confirmation of the emergency
declaration shall disclose the reasons for actions proposed and taken to manage the
emergency, and other pertinent data relating to the emergency requiring the declaration.
(c) Emergency resolutions or orders authorized by this article may include, but are
not limited to, the following subjects:
(1) Evacuation;
Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing
City Code text are indicated by stfikedwough.
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Ordinance No. 2011 -09
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(2) Curfews; declaration of areas off limits;
(3) Suspension or regulation of the sale of, or offer to sell, with or without
consideration: alcoholic beverages; explosives; or combustibles;
Sec. 2 -406. - Police emergencies.
(a) An emergency may be declared because of civil unrest or imminent threat to
public peace or order when the Chief of Police, or if unavailable, the next highest ranking
officer in the Police Department chain of command certifies to the City Manager that an
emergency condition arising from hostile actions of others, armed or unarmed or other
imminent threat to public peace or order, requires extraordinary measures for control,
including, but not limited to curfew; blockade; proscription of the sale of fir-°affis, °*
weapons or alcohol beverages; explosives and combustibles; evacuation; and other
similar actions. The City Manager may issue a declaration of a state of emergency in
accordance with section 2 -404. This Section shall not apply to firearms as regulated by
Chapter 790, Florida Statutes.
Section 3. City Code Amended. That Section 30 -33, "Specific noises prohibited," of
Article II, "Noise," of Chapter 30, "Environment" of the City Code is amended to read as
follows:
Sec. 30 -33. - Specific noises prohibited.
The following acts are declared to constitute a violation of this article:
(6) F . or ° Explosives. The use or firing of any explosives fireafms or similar
devices, except in an emergency, or using or firing firecrackers, skyrockets or the like
without the prior approval of the City Manager. Nothing in this subsection shall prohibit
the use of nail guns used in construction.
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Section 4. Repeal. That all ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are repealed to the extent of such conflict. Further, that any rule,
regulation, ordinance or resolution that purports to regulate firearms in a manner contrary to the
preemption provided by Sec. 790.33 F.S., is hereby repealed to the extent preempted and shall be
deemed to be stricken from any compilation of rules and regulations for municipal facilities or
premises.
Section 5. Severability. That 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 6. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section 7. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
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Ordinance No. 2011 -09
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The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on
first reading. This motion was seconded by Commissioner Holzberg, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption
on second reading. This motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
absent
Mayor Susan Gottlieb
yes
PASSED AND ADOPTED on first reading this 6h day of September, 2011.
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Ordinance No. 2011 - OQ
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PASSED AND ADOPTED on second rea4ing this �day of f , 2011.
Gottlieb,
ATTF.4T-
Approved as to Form and Legal S iency:
City Attorney