Ord. No. 05-02-1773ORDINANCE NO.5-02-1773
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PUBLIC
SAFETY;REPEALING SEC.15-7,OF THE CODE OF ORDINANCES
ENTITLED "LOCKING DEVICES REQUIRED FOR FIREARMS";
WHICH REQUIRES LOCKING DEVICES ON FIREARMS STORED IN
THE CITY OF SOUTH MIAMI;CREATES A PUBLIC DUTY;AND
PROVIDES CIVIL PENALTIES;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE
WHEREAS,the Mayor and City Commission of the City of South Miami enacted
ordinanceno.14-00-1716,which amended section 15-7 of the city's code of ordinances
torequire locking devices on firearms storedinthe City of SouthMiami,createsapublic
duty of care,and provides civil penalties;and,
WHEREAS inthecase styled NationalRifleAssociation,et ah v.TheCity of
South Miami,case no.3D01-1027 (Fla.3rd DCA 2002),the Florida Third District Court
of Appeal held thatthe City's ordinancewas preempted by section 790.33,Florida
Statutes and is void;and,
WHEREAS,the Mayor and City Commission desiretorepealsec.15-7,of the
code of ordinances,entitled "Locking devices required for firearms."
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND.CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 15-7,entitled "Locking devices required for firearms,"of the
City of SouthMiamiCode of Ordinancesis repealed.A copy of section 15-7 isannexed
and made apart of this ordinance.
Section 2.All ordinances orparts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4.Section 15-7 shallbe removed from the City of South Miami Code
of Ordinances.
Section 5.This ordinance shall take effect immediately upon approved.
Additions shown by underlining and deletions shown by overstrilcing.
Page 2 of Ord.No.5-02-1773
PASSED AND ADOPTED this4th day of June ,2002.
ATTEST:
fi^ctf*^>^te
CITY CLERK
JW^
READ^ND-APPROVED AS TO FORM
CfTY^ATtORNEY
APPROVED:
MAYOR
1st Reading-5/21/02
2ndReading-6/4/02
COMMISSION VOTE:4-0
Mayor Robaina:Yea
Vice Mayor Russell:out of room
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Feliu:Yea
\\Dell_6100\Documents\City of South Miami\0022-001\l3927.doc
Additions shown by underlining and deletions shown by ovcrstrildng.
§15-7 OFFENSESANDMISCELLANEOUSPROVISIONS §15-14
Sec.15-7.Locking devices required for firearms.
(a)"Locking device"means adevice that when installed on a
firearm and secured by means of a key or a mechanically or
electronically operated combination lock prevents the firearm
from being discharged without first deactivating or removing the
device.
(b)If a person stores or leaves a firearm at any location where
the person knowsor reasonably should know that a minor might
gain accessto the firearm,the person shall secure the firearm
with alockingdeviceexcept when it is carried on his or her body
or is located within such close proximity that the person can
retrieve the firearm and prevent access to it by a minor.
(c)A violation of this section is a breach of a duty of safety
owedby the personwhoownsor possesses the firearm toall
minors who might gain accessto it and to the general public.
(d)A violation of this section is punishable asa class Vcivil
violation.No courtesy notice shall be issued to the violator.
(Ord.No.1716,§1,6-6-00)
Sees.15-8—16-13.Reserved.
Editor's note-Ord.No.22-98-1670,§2,adopted Oct 20,1998 repealed
sections 15-7—15-13 in their entirety.Former sections 15-7—15-13 generally
pertainedto children in movie theaters,and derived from Ord.No.288,§§2—8,
adopted March 2,1954.
Sec.15-14.Children;improper conduct toward same.
It shall be unlawful in the city to address vile,indecent,
profane,obscene or improper languagetoa child undertheageof
eighteen years;ortomakeanyindecent,repulsive or improper
advancesorproposalstosuchchild;ortofrighten,intimidate,
torment or lay hands uponachild without proper authority;orto
invite or to take a child for a ride in a vehicle or to any other place
with intent to make indecent,repulsive or improper advances or
proposals tosuch child.Anyperson violating anyofthe provisions
contained in this section shall be guilty of improper conduct to a
child.Whenanypersonnotbeing related orknowntoachild
under the ageofeighteenyears,invitesor takes achildforaride
Supp.No.58 205
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-Dade County.Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS,who on oath says that she is the
VICE PRESIDENT,Legal Notices oftheMiamiDaily Business
Review f/k/a Miami Review,a daily (except Saturday,Sunday
andLegal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 6/4/2002
in the XXXX Court.
was published in said newspaper in the issues of
05/24/2002
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiamiin said Miami-Dade
County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida,each day (except Saturday,Sunday and LegalHolidays)
and has been entered as second class mail matter at the post
officeinMiamiinsaidMiami-DadeCounty,Florida,fora
periodof one year next preceding thefirst publication of the
attacbadcopy of advertisement:and affiant further says that she
haaneithw paidnor promised any person,firmor corporation
anJdiscoint,rebate,commissionorrefundforthepurpose
of spcuri/q thisadvertisement for publication inthesaid
*L^v*-^
(SEAL)
SOOKIE WILLIAMS
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thatthe City Commission ofthe City of
South Miami,Florida will conducta Public Hearing duringitsregular City
Commission meeting Tuesday.June4,2002 beginning at7:30 p.m.,in
the City Commission Chambers,6130 Sunset Drive,to consider the fol
lowing described ordinance(s):
ANORDINANCEOFTHE MAYOR ANDCITYCOMMISSION
OFTHE CITY OFSOUTH MIAMI,FLORIDA,RELATING TO
PUBLIC SAFETY;REPEALING SEC.15-7,OF THE CODEOF
ORDINANCESENTITLED "LOCKING DEVICESREQUIRED
FOR FIREARMS";WHICH REQUIRES LOCKING DEVICES ON
FIREARMS STORED INTHECITYOF SOUTH MIAMI:
CREATESAPUBLIC DUTY;ANDPROVIDES CIVIL PENAL
TIES;PROVIDING FOR SEVERABILITY,ORDINANCES IN
CONFLICT,ANDAN EFFECTIVE DATE.
Saidordinancescanbeinspectedinthe City Clerk's Office,Monday -
Fridayduringregularoffice hours.
Inquiries concerning these items should be directed tothe City Manag
er's office at:663-6338.
ALL interested partiesare invited toattendand will beheard.
Ronetta Taylor,CMC
CityClerk
CityofSouthMiami
Pursuant toFlorida Statutes 286.0105.theCity hereby advises thepub
lic that if apersondecidestoappealany decision madebythis Board,
Agency or Commission with respecttoanymatterconsidered atitsmeet
ing orhearing,heorshe will need a record of the proceedings,and that for
such purpose,affected person may needtoensurethata verbatim record
of the proceedings is made which record includes the testimony and evi
dence uponwhichthe appeal istobe baseo.
5;24 02-3-78/267399M