Res. No. 159-00-110521 RESOLUTION NO.159-00-11052
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
6 RELATING TO PUBLIC SAFETY;PROVIDING
7 INTERPRETATION OFSEC.15-7(2)RELATING TO LOCKING
8 DEVICES REQUIRED FOR FIREARMS;PROVIDING AN
9 EFFECTIVE DATE.
10
11
12 WHEREAS,the Mayor and City Commission of the City of South Miami
13 adopted Ordinance no.14-00-1716,which amended section 15-7 of the City of
14SouthMiami Code of Ordinances torequirefirearmstobe secured with locking
15 devices under the circumstances described in the ordinance;and,
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17 WHEREAS,section 15-7(2)of the ordinance provides:
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19 If a person stores or leaves a firearm atany location where the
20 person knows or reasonably should know that a minor might gain
21 access tothe firearm,the person shall secure the firearm with a
22 locking device except when itis carried onhis or her body or is
23 located within such close proximity that the person can retrieve the
24firearmand prevent accesstoitbyaminor.
25
26 WHEREAS,in the case styled National Rifle Association,et al.v.City of
27 South Miami,Case no.00-175982 CA09 (Fla.11th Cir.Ct.2000),the NRA has
28 asserted thatthe City's ordinance requiresfirearmstobe secured with a locking
29 devise and makes it unlawful to secure a firearm in a locked box or container,
30 including a gun safe;and,
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32 WHEREAS,the NRA's assertion is inconsistent with the plain meaning of
33 section 15-7(2)but nevertheless suggeststhe desirability forthecity commission
34toprovideinterpretation of thatsectiontoavoidanyconfusionthatmightbe
35perpetratedbytheNRAoranyotherpartytothelitigation.
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37 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
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40 Section 1.The Mayor andCity Commission,having considered its
41 intentinadopting Ordinance no.14-00-1716,popularly known astheCity of
42South Miami Trigger LockOrdinance,andthe wording of section 15-7(2),
Additions shown byunderlininganddeletions shown by overstriking.
1declaresthatthedutytosecureafirearmwithalockingdeviceappliestoany
2 person whostoresorleavesafirearmatany location where the person knowsor
3reasonablyshouldknowthataminormightgainaccesstothefirearm.Theduty
4 of care created bythe ordinance is satisfied when a person secures a firearm ina
5 locked container,including,but not limited to,agunsafe.A firearm is stored ina
6locked container to prevent accesstoitbyall unauthorized persons,including
7 minors and criminals.When a firearm is secured ina locked container,the person
8whois responsible forthe firearm reasonably expects that a minor will not gain
9 access toit.Consequently,itis not a violation of the ordinance to secure a firearm
10 in a locked container.
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12 Section 2.This resolution shalltakeeffect immediately upon approval.
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14 PASSED AND ADOPTED this 15th day of August,2000.
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16 ATTEST:APPROVED:
19 CITY CLERK (f MAYOR
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21
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23 READ AND APPROVED AS TO FORM:
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25
26 CITY ATTORNEY
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COMMISSION VOTE:4-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Not present
Commissioner Bethel:Yea
Commissioner Russell:Yea
-^C/&>G>CL J}*{*->
Page 2 of 2
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission
Charles Scurr,City Manager
Ronetta Taylor,City Clerk
Chief Cokes Watson
From:EarlG.Gallop,City Attorney>U
Date:August 9,2000
Re:City of South MiamiTrigger Lock
Ordinance—Interpretation of duty
to secure firearm
Subject:Interpretation of thedutytosecureafirearmwitha trigger lockwhenthe weapon
is stored in a locked container.
Discussion:The Mayor andCity Commission adopted Ordinance no.14-00-1716,which
amended section 15-7 of theCity of SouthMiamiCode of Ordinances,to require firearms
tobe secured with locking devices under the circumstances described inthe ordinance.The
NRA asserts in the pending litigation that its members are in violation of the ordinance if
they store firearms ina locked box.While the assertion is incorrect,it would be useful to
dispel any confusion about the operation of the ordinance andto make it more difficult for
opponents tothe standard of care to misinform the public.The attached resolution provides
interpretation of section 15-7(2)tomakeit abundantly clear that the standard of care to
secure firearms is satisfied when a weapon is stored ina locked box.The duty to secure a
firearm with a locking device ariseswhenthe weapon isnot stored ina locked box.Itisnot
a violation of the ordinance tosecurefirearmsinalockedbox.Upon approval,the resolution
will be filed with the court.
Recommendation:Approve the attached resolution.