Ord No 08-82-1131ORDINANCE NO.5-82-1131
AN EMERGENCY ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
MAKING IT UNLAWFUL FOR ANY PERSON TO SELL,OFFER FOR SALE,
BARTER,LEND,GIVE,DELIVER,PURCHASE OR POSSESS THE
PROJECTILE CAPABLE OF BEING PROPELLED BY THE ACTION OF AN
EXPLOSIVE FROM A HANDGUN OR PISTOL KNOWN AS AND CURRENTLY
SOLD UNDER THE BRAND NAME "KTW"OR ANY OTHER PROJECTILE
OF THE SAME NATURE AND CAPABILITIES SOLD UNDER ANY OTHER
BRAND NAME;FURTHER PROVIDING THAT THE ACTIVITY PROHIBITED
AND DECLARED UNLAWFUL IN THIS ORDINANCE SHALL NOT BE
APPLICABLE TO LAW ENFORCEMENT OFFICERS ACTING WITHIN THE
SCOPE OR COURSE OF THEIR OFFICIAL DUTIES OR WHEN ACTING
AT ANY TIME IN THE LINE OF OR PERFORMANCE OF DUTY OR TO
PERSONS PROVIDING OR FURNISHING PROJECTILES PROHIBITED
IN SECTION ONE OF THIS ORDINANCE TO A LAE ENFORCEMENT
OFFICER;CONTAINING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA:
Section 1.Anything intheCodeof Ordinances oftheCityof
South Miami,tothe contrary notwithstanding,itis unlawful foranypersonto sell,
offer for sale,tarter,lend,give,deliver,purchase or possess the projectile
capable ofbeing propelled bythe action ofan explosive froma handgun or pistol
knownasandcurrentlybeingsoldunderthebrandname "KTW"oranyotherprojectile
ofthesamenautreand capabilities soldunderanyotherbrand name.
Section 2.Theactivityprohibitedanddeclaredunlawfulin
Section 1.hereof shall notbe applicable tolaw enforcement officers,as defined in
ss.790.001 (8),Florida Statutes,when said law enforcement officer is acting within
the scope or course ofhis official duties orwhen acting atanytimeinthelineof
or performance ofdutyor persons providing or furnishing the projectile prohibited
in Section 1.of this ordinance to a law enforcement officer.
Section 3.Violation of this ordinance shall provide fora penalty
of not more than six (6)months and/or $500.fine.
Section 4.Ifany section,partof section,paragraph,clause,
phrase,orwordofthis Ordinance shall be declared invalid,the remaining provisions
of this ordinance shall not be affected.
Section 5.This ordinance is hereby declared tobean emergency
measureonthegroundsofurgentpublicneedforthepreservationof peace,health,
safetyandpropertyoftheCityofSouth Miami.
Section 6.The requirement of reading this ordinance ontwo (2)
separate daysishereby dispensed withbyavoteofnotlessthan4/5ofthe members
of the Commission.
PASSEDANDADOPTEDthis16thdayofMarch ,1982.
APPROVED:
ATTEST