HomeMy WebLinkAboutO-2011-030 Amending Chapters 6 & 11, Firearms ORDINANCE NO. 2011-030
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES TO
ADDRESS FIREARM REGULATIONS PREEMPTED BY STATE LAW BY
AMENDING CHAPTER 6, "BEACHES, PARKS, WATERWAYS AND
RECREATION", CHAPTER 11, "FIRE PROTECTION AND PREVENTION",
AND CHAPTER 17, "OFFENSES-MISCELLANEOUS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida, 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 pre-empted the regulation of the field to the
State; and
WHEREAS, the Florida Legislature has, by the adoption of House Bill 45 during the
2011 session, adopted additional penalties and repercussions for the adoption and enforcement of
preempted local regulations of firearms, effective October 1, 2011; and
WHEREAS, the City desires to eliminate preempted regulations of firearms and
ammunition from the City's Code of Ordinances; and
WHEREAS, firearms and ammunition are currently regulated in Chapter 6, "Beaches,
Parks, Waterways and Recreation", and Chapter 11, "Fire Protection and Prevention";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being
true, correct and reflective of the legislative intent underlying this Ordinance and are made a
specific part of this Ordinance.
Section 2. Chapter 6, "Beaches, Parks, Waterways and Recreation", is amended to
read as follows:
Sec. 6-12. Fishing, skin-diving, scuba diving, spearfishing, launching of boats and
operating vehicles restricted.
(c) Snorkeling will be permitted up to a limit of fifty (50) yards into the Atlantic Ocean,
measured eastward from the high tide line of all public beach areas, except as stated above.
Snorkeling beyond fifty (50) yards off the public beach is prohibited, unless a person is
entering the water in the designated diving area at the southernmost end of the public beach
or express permission is given by the supervising marine rescue officer. Artificial breathing
devices, such as scuba-tanks, aqua-lungs or hooka rigs, when used in the waters of the area
known as Dania Beach, are confined to the designated diving area at the southernmost end of
Dania Beach, unless express permission to use such devices elsewhere along the beach is
obtained from the supervising marine rescue officer. The use of spearfishing guns, gigs,
slings, bows, and polespears on the beach, in the water, or both is
prohibited.
Section 3. Chapter 11, "Fire Protection and Prevention", is amended to read as
follows:
Sec. 11-43. Inspections prior to issuing permits relative to flammable materials, gun 0
blasting powder, explosives, etc.
Before a permit may be issued for the keeping, storage, use, manufacture, sale, handling,
transportation or other disposition of highly flammable materials and rubbish, crude petroleum or
any of its products, g i--e blasting powder, dynamite or explosives of any kind, including
fireworks, firecrackers and signaling explosives, the fire chief, the fire marshal, the chief
inspector, or his assistants shall inspect and approve the receptacles, vehicles, buildings or
storage places to be used for any such purposes. In cases where laws or regulations, enforceable
by departments other than the fire prevention bureau are applicable, joint approval shall be
obtained from all departments concerned.
Sec. 11-44. Inspection of hazardous manufacturing, storages and installations of gas, fire
alarm and automatic sprinkler systems, etc.
The fire chief, fire marshal, chief inspector or an assistant specially designated thereto
shall inspect, as often as may be necessary, but not less than four (4) times a year, all specially
hazardous manufacturing processes, storages or installations of acetylene or other gases,
chemicals, oils, explosives of every kind, including fireworks, firecrackers, gun or—blasting
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powder, dynamite or other explosives and/or flammable materials, all interior fire alarms and
automatic sprinkler systems, and such other hazards or appliances as the fire chief shall designate,
and shall make such orders as may be necessary for the enforcement of the laws and ordinances
governing the same and for safeguarding of life and property from fire.
Sec. 11-46.1. Establishment of fees.
The following fees are established for the permits, certificates, reinspections and tests performed
under the provisions of this chapter:
FIRE SAFETY INSPECTION FEE SCHEDULE
HAZARDOUS MATERIALS FEE SCHEDULE
Permit fees
8. Explosives, ammunifie„ and blasting agents, manufacturing, keeping, storage, sale and
transportation of explosives, ammunifieft and blasting agents . . . 300.00
Section 4. Chapter 17, "Offenses-Miscellaneous", is amended to read as follows:
Sec. 17-5. Disorderly conduct.
The following acts shall constitute disorderly conduct and be violations of this Code:
(h) Persons carrying concealed weapons; burglars, etc. All persons who shall have or carry
any pistel,knife, dirk, knuckles, slingshot or other dangerous weapon concealed on or about their
person; all persons who are known to be thieves, burglars, pickpockets, robbers or confidence
men, either by their own confession or otherwise, or by having been convicted of larceny,
burglary, or other crime against the laws of the state or any state in the United States, who are
found lounging in or prowling or loitering around any bus depot, railroad depot, banking
institution, place of public amusement, auction room, hotel, store, shop, thoroughfare, car,
omnibus, public conveyance, public gathering, public assembly, courtroom, public building,
private dwelling house, outhouse, house of ill fame, gambling house, bar, cocktail lounge,
nightclub, or any public place, and who are unable to give a reasonable excuse for being so
found.
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Section 5. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 7. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on September 13, 2011.
PASSED AND ADOPTED on second reading on September 27, 2011.
ATTEST:
U�J
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
�ARp'S F1�TC/
APPROVED AS TO FORM AND CORRECTNESS:
1'
A,-
THOMAS J. ANSB O
CITY ATTORNEY
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