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Ordinance 78-2112 ORDINANCE NO. 78-2112 AN ORDINANCE F-DOPTING SECTIONS 21-14 THROUGH 21-20. 17 OF THE CODE OF METROPOLITAN DADE COUNTY, COMMONLY KNOWN AS THE GUN CONTROL ORDINANCE, AS AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA; AND REPEALING SECTIONS 25-102 THROUGH 25-119 . 1, EXCEPT SECTION 25-114, OF THE CODE OF THE CITY OF MIAMI BEACH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the existing Sections 25-102 through 25-119 . 1, except Section 25-114 , of the Code of the City of Miami Beach be and the same are hereby repealed and that Sections 21-14 to 21-20. 17 of the Code of Metropolitan Dade County, commonly known as the "Gun Control Ordinance" be and the same are hereby adopted and made an ordinance of the City of Miami Beach, provided that all references to the Dade County Commission shall be deemed to be the City Commission of the City of Miami Beach; the Public Safety Director to be deemed to be the Chief of Police; the County Attor- ney' s office to be deemed tho City Attorney' s office; and the Trail Glade Range or Park Employee to be deemed the City Manager ' s office. SECTION 2 : That Sections 21-14 through 21-20. 17 of the Code of Metropolitan Dade County and Section 25-114 of the Code of the City of Miami Beach be and the same are hereby amended to be renumbered as new Sections 25-102 through 25-128 of the Code of the City of Miami Beach and to read as follows: "Sec. 25-102 . Dangerous weapons; penalty; trial court. (a) Concealed dangerous weapons. It shall be unlawful for any person to wear under his clothes, or concealed about his person, or to display in a threatening manner any dangerous or deadly weapon including, but not by way of limitation, any pistol, revolver, slingshot, cross-knuckles or knuckles of lead, brass or other metal, or any bowie knife, razor, dirk, dagger, or any knife resembling a bowie knife, or any other dangerous or deadly weapon, except as hereinafter provided, (b) Switch blades. It shall be unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon, within the meaning of subsection (a) and shall be subject to forfeiture to the city as provided by subsection (c) . (c) Forfeiture in addition to other penalties. Every person convicted of any violation of this sec- tion shall forfeit to the city such dangerous or deadly weapon so concealed or displayed. (d) Exception. Nothing in this section shall be construed to forbid any regular, special or ex officio police officer from carrying or wearing, while on duty, such weapons as shall be necessary in the pro- per discharging of his duty. (e) Penalty. Every person who is convicted for a violation of subsection (a) shall for first convic- tion thereof be punished by imprisonment for not less than six (6) months and by a fine of not less than one thousand dollars ($1, 000. 00) ; for a second or subsequent conviction of a violation of subsection (a) such person shall be punished by imprisonment for not less than one (1) year and by a fine of not less than one thousand dollars ($1, 000. 00) . • OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 (f) Metropolitan Court vested with trial juris- diction. All violations of section 25-102 (a) shall be prosecuted only in the Metropolitan Court which shall have original, exclusive jurisdiction to try all cases arising hereunder. Provided, however, that where an act is recognized by state law as a misdemeanor and by this section as an offense, com- plaints against persons charged with such unlawful acts may be filed and prosecuted in either the Metropolitan Court or the Criminal Court of Record of Dade County, Florida, as the prosecuting attorney shall direct. (g) Certain municipal ordinances superseded. The provisions of section 25-102, Miami Beach City Code, shall pertain to all violations thereof within the city and supersede and nullify those provisions of any and all municipal ordinances, codes and laws which define or penalize any act prohibited by sec- tion 25-102 (a) except those municipal ordinances, codes and laws not in conflict therewith and which contain an identical penalty provision. Sec . 25-103 . Sale, loan, etc. , weapons to intoxicated persons, etc. It shall be unlawful for any person to sell, loan or furnish any firearm as defined in section 25-110 (a) to any person whom he knows or has reasonable cause to believe is under the influence of alcohol or any narcotic, drug, stimulant, or depressant, or who is of unsound mind, or who is a member of any subversive organization. In addition to all other penalties, such unlawful sale, loan or furnishing shall be grounds for revocation of any license issued by the city to such person. Sec. 25-104 . Possession of weapons by felons, intoxi- cated persons, etc. It shall be unlawful for any person who has been convicted of a felony, or who is under the influence of alcohol or a narcotic or drug to wear or have about his person or in any vehicle in which he is an occu- pant any firearm or other dangerous or deadly weapon. Sec. 25-105 . Handling weapon in dangerous manner. It shall be unlawful for any person to display, flourish, or handle in a threatening manner, any dangerous or deadly weapons in the presence of one or more person, except in self-defense of person or property. Sec. 25-106 . Discharge of firearms over private property. (a) Any person who discharges firearms on or over any privately owned property without the prior written permission of the owner or occupant of the property carried in his possession shall be punished by a fine not to exceed five hundred dollars ($500. 00) or by imprisonment in the county jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the court. (b) The written permission required shall contain the name and the signature of the owner or occupant of the property giving permission, a description of the property, the name and address of the person per- mitted to discharge firearms, and the date or dates for which permission to discharge firearms is given. - 2 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 (c) This section shall not apply to a person law- fully defending life or property or performing official duties requiring the discharge of firearms. (d) This section is applicable within the territorial boundaries of the city and all violations thereof shall be prosecuted in the Metropolitan Court. Where the offense set forth involves violations by juveniles, the same shall be tried in the Dade County Juvenile and Domestic Relations Court when so required by the laws of the State of Florida. (e) The provisions of this section shall be cumula- tive and additional to and not in derogation of any and all other provisions of law relating to this offense. Sec. 25-107 . Disposition of weapons seized on arrest. It shall be the duty of every police officer, upon making any arrest and taking a weapon under any pro- vision of this chapter, to deliver such weapon to the officer in charge of the property management unit of the city' s police department, to be held until the final determination of the prosecution by the court. Upon a finding of guilt, it shall be the duty of the officer in charge to deliver the weapon or weapons forthwith to the Metropolitan Dade County Public Safety Department which shall dispose of the weapon. If the person charged be acquitted of the offense, the weapon taken from him shall be returned to him upon request; provided, however, that if it is not called for within sixty days from and after the date of his acquittal or the dismissal of the charges against him, the weapon shall be disposed of as in the case of conviction. Sec. 25-108 . Sale of Saturday night specials prohibited. It shall be unlawful for any person to sell or otherwise transfer any Saturday night special as defined in section 25-111 (b) or offer or expose for sale or transfer any such Saturday night special. (a) Notwithstanding the foregoing provisions of this section, the sale of Saturday night specials to law enforcement agencies or for authorized military use shall not be subject to the limitation herein set forth. (b) This section shall not apply to wholesale dealers in their business intercourse with retail dealers nor to retail dealers in their business intercourse with other retail dealers nor to whole- sale or retail dealers in the regular or ordinary transportation of unloaded firearms, merchandise by mail, express or other mode of shipment, to points outside the country, nor to sales or transfer of firearms that do not use a self-containing cartridge. Sec. 25-109 . Registration of sales and transfers required; penalty. (a) Register. Every person engaged in the busi- ness of selling, leasing, or otherwise transferring firearms as defined in section 25-111 (a) , of the size capable of being concealed on the person, whether such seller, lessor or transferor is a retail dealer, pawnbroker, or otherwise, shall keep a register in which shall be entered the date and time of sale, lease or tranfer; the name of the salesman making the sale, lease or transfer; the place where sold, leased or transferred; the make, model/manufacturer ' s number, calibre or other marks of identification of such firearm; the purchaser ' s name, address, color, - 3 - • OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 sex, age, weight, height, complexion, color of hair, birthplace, place of residence, length of residence, occupation, employer, the purpose for which the gun is desired, the date and time of delivery. (b) Purchaser and seller to sign. The person to whom such firearm is sold, leased or otherwise trans- ferred shall sign and the dealer shall require him to sign his name and affix his address to the register in duplicate and the salesman shall affix his signa- ture in duplicate as a witness to the signature of the person to whom such firearm is sold, leased or transferred. (c) Waiting period required for handgun. The person to whom such handgun is sold, leased or other- wise transferred shall wait, and the dealer shall require him to wait, a period of seventy-two (72) hours prior to such person acquiring possession of such handgun. (d) Fictitious name prohibited. Any person signing a fictitious name or address in such register is guilty of a violation of this section. (e) Exceptions. This section shall not apply to wholesale dealers in their business intercourse with retail dealers nor to retail dealers in their business intercourse with other retail dealers, nor to wholesale or retail dealers in the regular or ordinary transportation of unloaded firearms, mer- chandise by mail, express or other mode of shipment, to points outside the city, nor to sales or transfer of firearms that do not use a self-containing cartridge. (f) Penalty. Every person who is convicted for a violation of section 25-109 (c) shall be punished upon a first conviction by imprisonment for not less than six (6) months or by a fine of not less than one thousand dollars ($1, 000. 00) or by both such fine and imprisonment, in the discretion of the court and on a second and subsequent conviction shall be punished by imprisonment for not less than one year or by a fine of not less than one thousand dollars ($1, 000. 00) or by both such fine and imprisonment, in the discretion of the court. Sec. 25-110 . Registration by owner, etc. Every person owning or possessing a firearm in the city shall provide the chief of police with the infor- mation set forth in section 25-109 (a) hereof on a registration form designed or approved by the chief of police and it shall be unlawful for any person to possess a firearm, or firearms in the city unless such firearm or firearms are duly registered in accordance with the provisions thereof; provided that such owner or possessor shall not be required to be fingerprinted or photographed or to pay an application fee. A person may not possess or harbor any firearm, whether concealed or not concealed, if such person is ineligible to register such firearm with the licensing authority pursuant to the provisions of this chapter. LICENSE TO SELL FIREARMS Sec. 25-111. Definitions. (a) The word "firearm" as used in this chapter shall be construed to mean any firearm, weapon, revolver, pistol, autoloading pistol, modified rifle or shotgun, or any similar mechanism by whatever name known, which is designed to expel a projectile through a gun barrel by the action of any explosive, having - 4 - ,, OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 the size, length or dimensions which make it capable of being concealed upon the person, and originally designed or altered to be used by one hand and having a barrel length of less than sixteen (16) inches, and an overall length of less than twenty-six and one-half (26 1/2) inches, but the word firearm shall not be construed to mean guns that do not use self-contained cartridges. (b) The term "Saturday Night Special" shall mean any firearm which is 32 caliber or smaller, whose barrel is less than three (3) inches, except those whose frame is an investment cast or forged steel, or investment cast or forged high tensile alloy. (c) The word "sale" includes transfer, assignment, pledge, lease, loan, barter, or gift. Sec. 25-112 . License--Required to sell. (a) It shall be unlawful for any person who, without being licensed as provided in this chapter, to engage in the business of selling or otherwise transferring any handgun or to advertise for sale, or offer or expose for sale or transfer any handgun defined in section 25-111 (a) or to engage in the business of repairing, handguns . This section applies to persons in the firearms business or in the busi- ness of gunsmithing, and does not apply to: (1) Sales or trades by an unlicensed person to a person licensed hereunder, nor to (2) Isolated sales, transfers or trades between unlicensed persons who are not engaged in the firearms business or in the business of gunsmithing. (b) The provisions of this section shall not apply to gun shows, conferences or conventions which are staged under the auspices of a duly recognized non- profit state or national organization. Sec. 25-113. Same--Granted by commission. The city commission may grant licenses in the form prescribed by the city commission permitting the licensee to sell said handguns within the city on the premises named therein. Sec. 25-114 . Application for license; content. Applicants for licenses to sell must file their applications in duplicate copies in the form pre- scribed by the city commission, with the finance director. All applications must be signed and verified by all persons in whose names the license may be issued. The application shall state the full name, age, resi- dence, present and previous occupations of each person so signing the same, and shall also specify the complete name, address and location of the place of business, as well as other facts as may be required to show the good character, competency and integrity of each per- son so signing. Sec. 25-115 . Demonstration of knowledge of city, county, state and federal laws applicable to sale of firearms required. As part of the application procedure for a license to sell firearms, the city commission s1iall set up two (2) different type licenses. The first license shall be described as the dealer license, which shall be issued to the owner, corporation, or partner, or general manager; and the employee license, which shall - 5 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 be issued to any employee who is engaged primarily in retail sale of firearms. The city commission shall appoint a four (4) member committee consisting of a member from each of the following: Police Department, City Manager ' s office, City Attorney' s office, and a fourth member from the local gun dealers. It shall be the duty of this committee to prepare a guide manual from which questions on a short written examination will be taken so that the applicant, whether he be a dealer or employee, shall have to show his knowledge of federal, state, county and city laws by a testing procedure which shall be multiple choice or true and false, drawn up by this committee, based on the guide book. If the applicant shall have difficulty with the written or spoken English language, which seriously impairs his ability to demonstrate his knowledge of such laws, special provisions shall be made through an interpreter or otherwise, for the administration of the required written examination to such person. In the event of failure, the applicant may retake the test seven (7) days from date of examination, however, no person shall be allowed to take this test more than three (3) times in a twelve (12) month period. Sec. 25-116 . Investigation of application; fingerprinting. (a) The city commission may require, upon initial application, for applicants for licenses, to be finger- printed, and may require them to attach to their initial applications, their photographs. The chief of police shall make a records check of each applicant. The chief of police shall make a complete investigation only when so directed by the city commission. (b) Such fingerprinting shall be searched for any previous criminal record and shall be placed on file by the chief of police of the city. No such finger- printing may be inspected by any person, other than a peace officer, except upon order of a judge of a court of record on such notice, if any, to the person who has been fingerprinted as the judge may determine. Sec. 25-117 . Issuance of license. (a) Upon completion of the following: (1) An investigation showing the statements on the application to be true; and - (2) The taking and passing of the required written examination on gun control laws and applicable to the sale of firearms in the city; the city commission shall inquire into the good chara- cter, competency and integrity of the applicant. If the commission is satisfied as to the appli- cant' s good character, competency and integrity, a license to sell shall be issued to the appli- cant within thirty (30) days of application, and the committee should also assign a permanent license number to each applicant. (b) No license may be issued to any person who has been convicted of a felony in this state or elsewhere or who is under eighteen (18) years of age. (c) No license may be issued solely in the name of a corporation, firm, partnership, company or other fictitious entity, but the corporate name may be listed on the license. (d) Annual renewal for either dealer or employee shall be a duplicate simple form listing only name, address, company name and address, City of Miami Beach license number, and notarized signature. - 6 - OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 Sec. 25-118 . File of applications and licenses. After disposition of the application, the original shall be maintained in the files of the city commission. The duplicate copy shall be filed with the chief of police. Attached thereto shall be information as to the final disposition of the application. Sec. 25-119 . Conditions; revocation. (a) A license issued in accordance with the pro- visions of this chapter is subject to the following conditions, for breach of any of which the license is subject to revocation: (1) The business shall be carried on only in the premises designated in the license. (2) The license or a copy certified by the issuing authority shall be displayed in a conspicuous place on the premises in which the business is conducted where it can be easily read. (3) No handgun, or imitation thereof, shall be placed in any.. display window of the premises. (4) No handgun shall be delivered: (a) Until seventy-two (72) hours after the sale has been completed, unless the purchaser is the possessor of a valid license to carry firearms issued within the state, which license to carry shall be displayed at time of sale, except where an operable firearm is traded for another operable firearm as defined in section 25-119 of this chapter. (b) Unless the purchaser is either personally known to the licensee, or presents con- clusive evidence of his identity, proper identification as required by Omnibus Crime Bill of 1968, said evidence to be noted on the sales record. (c) Unless the delivery is made to the identi- cal individual who has purchased the fire- arm, by proof of dealer receipt. (d) The provisions of this section shall not apply to duly employed federal, state, county or municipal law enforcement officers . (5) A true record of every sale of firearms as defined in this chapter shall be kept by the licensee in accordance with the provisions of section 25-109 of the city code, on a form prescribed by the chief of police, and a copy of the record of each sale shall be mailed to the chief of police within seventy-two (72) hours of the delivery of the firearm. All firearms with overall length of twenty-six and one-half (26 1/2) inches shall be excluded from this requirement. (b) The following shall also constitute grounds for revocation of the license: (1) Conviction of the licensee of any felony. - 7 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 (2) Any grounds for which the license could have been refused when applied for. (3) Conviction for violation of section 25-128 of this Code. Sec. 25-120. Inspection of sales record book. A sales record book, as required by the Federal Firearms Act, shall be open at all reasonable hours for the inspection of any police or peace officer. Sec. 25-121. Licenses nontransferable; expiration date; renewals. (a) Licenses are not transferable. It shall be unlawful for any licensee to assign, sell, lease or in any manner transfer or attempt to sell, lease or in any manner to attempt to transfer said license to sell or any rights or duties thereunder, to any per- son, persons, firm, partnership, corporation, company or other fictitious entity. (b) If, during the period of the existence of the license, a person so licensed ceases to engage in the said business or ceases to sell firearms, said license may be surrendered to the city commission who may order the removal of said person' s name from the license and thereby relieve said person from future responsibility under the license as of the date of the removal of the name. All copies of said license shall be corrected. (c) Any licensed employee may work at any other licensed dealer premises in the City of Miami Beach without notice of transfer to the city commission. (d) All licenses issued under this chapter shall expire one year after issuance. Every application for a license to sell, including subsequent succes- sive renewals, may be investigated as provided for in section 25-116 of this chapter. City must, via certified mail, give thirty (30) days written notice of expiration and send simplified renewal forms . (e) Licenses may be revoked for cause by the city commission at any time. The licensee or licensees shall be entitled to an immediate hearing upon the merits to obtain reinstatement _of said license. Sec. 25-122 . Review of orders denying license, revocation. The circuit court shall review orders denying a license to sell and orders denying reinstatement of a revoked license. Sec. 25-123 . Fees, charges. The initial fee for a license, whether it be dealer or employee, to sell firearms shall be determined by the manager and shall be established by administrative order of the manager and approved by the city commis- sioners, which sum must accompany the application; provided, however, that the said sum is returnable if the application is subsequently denied. Renewal ap- plication shall have a license fee determined by the manager, as provided for in this section whether it be dealer or employee. Fees collected for licenses issued as provided in this chapter may be paid into the city treasury. - 8 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 Sec. 25-124 . Sale of firearm with serial number defaced prohibited. It shall be unlawful to sell any firearm whose serial number has been altered, changed, disfigured or defaced. Sec. 25-125 . Sale or delivery of firearms or ammunition to certain classes of persons. It shall be unlawful to sell or deliver any firearm or any ammunition therefor to any person who the seller has reasonable grounds to believe is under the influence of intoxicating liquor, narcotic drugs or barbiturates, or hallucinogens, or is addicted to the use of any nar- cotic drug or barbiturate, or hallucinogens, or is a habitual alcoholic, or is of unsound mind; or has been convicted of a felony; or is a fugitive from justice; or is a member of a subversive organization. Sec. 25-126 . Penalty. Every person who is convicted of a violation of this chapter shall be punished by a fine not to exceed five hundred dollars ($500,100) or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment; for a second conviction of a violation of this division such person shall be punished by a fine not to exceed one thousand dollars ($1, 000 . 00) or imprisonment in the county jail not more than twelve (12) months, or by both such fine and imprisonment. Sec . 25-127 . Handgun purchaser ' s instruction and qualification procedure. (a) Instruction and qualification procedure required. It shall be unlawful for any person to acquire a hand- gun in the City of Miami Beach from a licensed dealer unless such person has received safety instruction and otherwise qualified, pursuant to this section, or unless he is specifically exempted from the operation of this section. (b) In order to qualify under this section the pur- chaser must demonstrate his knowledge of federal, state, county and City of Miami Beach laws by passing a short written examination consisting of questions prescribed herein by the city commission. The purchaser must also demonstrate his ability to safely handle the handgun to be purchased pursuant to guidelines prescribed herein by the city commission. Persons who have successfully completed the above procedures in the course of pur- chasing a handgun shall not be required to repeat such procedures in any given year in order to purchase another handgun of the same type and caliber previously purchased. If the purchaser shall have difficulty with the written or spoken English language, which seriously impairs his ability to demonstrate his knowledge of such laws and his ability to safely handle said handgun, special provisions shall be made through an interpreter or otherwise, for the administration of the required written examination and qualification procedure to such person. In the event of failure, the applicant may retake the test seven (7) days from the date of exami- nation, however, no person shall be allowed to take this test more than three (3) times in a twelve (12) month period as a result of such failure. - 9 - r OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 (c) The transferor shall administer unto the pur- chaser safety procedures as prescribed by the city commission prior to the purchaser acquiring ownership or possession of the handgun, and shall execute the prescribed form that said procedure has been imparted to the purchaser. The above prescribed procedure shall be admin- istered only by duly licensed dealers or salesmen under this chapter. The signature of the purchaser upon the pre- scribed form shall serve as a release of the transferor from all civil liability as a result of carrying out this section. (d) The city commission shall appoint a four (4) member committee consisting of a member from each of the following: Miami Beach Police Department, City Manager' s office, City Attorney' s office, and a fourth member from the local Miami Beach gun dealers. The committee shall from time to time advise the city commission of needed changes in the prescribed procedure and form. Such changes shall become effective upon the consideration and approval of the city com- mission. (e) Exception. This section shall not apply to: (1) Law enforcement officers or agents of any state of the United States, or any political subdivision, municipal corporation, department or agency of either, members of the organized militia of any state or the armed forces of the United States, or law enforcement officers of any political subdivision, municipal corpora- tion, department or agency of either, while engaged in the discharge of their official duties. (2) Wholesale dealers in their business intercourse with retail dealers or retail dealers in their business intercourse with other retail dealers or to wholesale or retail dealers in the regular or ordinary transportation of any unloaded fire- arms, merchandise by mail, express or other mode of shipment to points outside the country. (3) Nonresidents of the United States having pro- per authorization from his or her consulate, acting consulate, commercial attache, or such other authorized representative. (4) This section applies to persons in the firearms business or in the business of gunsmithing, and does not apply to: (a) Sales or trades by an unlicensed person to a person licensed hereunder, nor to (b) Isolated sales, transfers or trades between unlicensed persons who are not engaged in the firearms business or in the business of gunsmithing. (5) The provisions of this section shall not apply to gun shows, conferences or conventions which are staged under the auspices of a duly recogni- zed nonprofit, state or national organization. Sec. 25-128 . Unlawful to sell handguns to persons who have not qualified, (a) It shall be unlawful for a licensed dealer to sell, deliver, transfer, or furnish any handgun to any - 10 - • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 person in the City of Miami Beach unless the purchaser has qualified under section 25-127, or (b) Unless the purchaser exhibits evidence that he is exempt from the requirements of section 25-127 (b) . Every person who is convicted for violation of this section shall be punished as provided in section 25-126 of this Code. " SECTION 3: That Section 25-109 (a) of the Code of the City of Miami Beach be and the same is hereby amended by adding a new paragraph thereto and to read as follows: "The vendor of such firearm shall give notice of such sale, including the description of said firearm, to the Chief of Police of the City and to the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms, under Fire- arms Transaction, Washington, D. C. , within 72 hours. " SECTION 4 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: This Ordinance shall go into effect upon its passage in accordance with law. PASSED and ADOPTED this 1st day of February, 1978 . Mayor Attest: • 52',(f /.66.46(4,4CLI City Clerk 1st reading - January 4, 1978 2nd and final reading, as amended - February 1, 1978 - 11 - f OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • CO • • 0 O 4J o J v >� •rt u Z bO 0 J • N U4-i O 0 c Nn cc3 cU J�� C3+ bOri N •rl N i- co 0 Z 0 OS 4-i N G QDo a.r--1• or1O HCri Z cd N �, cd Ocs O W 4 ,-I r-I r i +-1 LA Z cd Sa E O N N 4-1 H rr H 0 0 O r-I N 4-) 4-I 0 r-I 'd C~ U �a • -I 0 0 N Cul G, N U U U] +-I N