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Ordinance 80-2236POSSESSION & USE OF FIREARMS ORDINANCE NO. 80-2236 AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA REGULATING THE POSSESSION OF FIREARMS WITHIN THE CITY; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING FOR PASSAGE AS EMERGENCY MEASURE FOR A PERIOD OF SIXTY DAYS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA: SECTION 1 DECLARATION OF PURPOSE. The City Commission of the City of Miami Beach enacts the following emergency measure for the purpose of regulating the possession of concealed weapons, and of firearms within motor vehicles. The Commission is advised by the Miami Beach Police Department that firearms should not be permitted to be carried in an assembled, readily accessible and loaded condition in motor vehicles, because such firearms are often used suddenly as a result of traffic accidents or other spontaneous altercations. In addition, the City Commission is in- formed by the Miami Beach Police Department that individuals have been found by the Police Department carrying loaded pistols, shotguns, rifles, automatic weapons, or other similar firearms in their vehicles or on their persons, and that existing City laws do not clearly pro- hibit such conduct. This measure is therefore designed as an emergency and temporary restriction on the possession and carrying of firearms, and is intended to supplement rather than repeal existing consistent City Code provisions governing weapons and firearms. SECTION 2 DEFINITIONS. Unless otherwise indicated, the term "Firearm" shall mean any barreled weapon of any de- scription capable of projecting a bullet or other missile by the action of an explosive, spring or compressed gas, or the igniting of flam- mable or explosive substances, but shall not include spear guns and B.B. guns. SECTION 3 POSSESSION OF FIREARMS. It shall be unlawful for any person to have in his possession in this City any firearm, as defined above, unless said firearm is registered with the Miami Beach Police Department in accordance with §25-109 et. seq. Miami Beach City Code, or is properly registered in accordance with the Dade County Code. SECTION 4 CARRYING OF FIREARMS AND OTHER WEAPONS. It shall be unlawful for any person to carry on his person, wheth- er concealed or otherwise, any firearm as defined above; or to conceal under his clothing or about his person, or to display in a threatening manner, any other lethal weapon including but not limited to bowie knives, daggers, machetes, blackjacks, or switchblades. SECTION 5 POSSESSION OF FIREARMS -MOTOR VEHICLES. It shall be unlawful for any person to carry within any vehicle in the City of Miami Beach a firearm, as defined above, unless said firearm: (1) is properly registered with the Miami Beach Police Department or with Dade County as specified in Section 3 above, or; (2) is fully disassembled and unloaded, or if assembled and loaded, is secured locked within the glove compartment, trunk, or other locked compartment within such motor vehicle. SECTION 6 EXCEPTIONS. This ordinance shall not apply to officers of the Miami Beach Police Department or other authorized local County, State or Federal law enforcement personnel. SECTION 7 EFFECT ON OTHER LAWS. The provisions of this ordi- nance shall be cumulative and additional to any and all other State, County, and Miami Beach laws governing the posses- sion and use of firearms; the provisions of this ordinance shall not repeal, but shall temporarily substitute for, those Miami Beach Code provisions inconsistent herewith. 1 of 2 OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 SECTION 8 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a separate, dis- tinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 9 EFFECTIVE DATE AND DURATION. This ordinance is enacted as an emergency measure to take effect immediately, and shall expire within 60 days hereof. PASSED and ADOPTED this 28thday of October , 1980 ATTEST: (SEAL) /1,(4m.4 ,):?-'atAa/'7` City Clerk By_-_ Date.. APPROVED LEGAL DEPT. Dc-agt(1.$° Passed and Adopted as an emergency measure - October 28, 1980 TMP:ab 2 of 2 OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139 CU H bo o al 4-1 U) 4c U) o E m -4 CO cO b cd • G.o •r-1 H 3-1 •- , ▪ o Cl.) M 4-i CO 4-1 a N p N 4a a) b01 cti O O Q rl z co G bo o o O • •rl 4� 1-1 0 CO 'o O a) Z U] •H 1-+ 0 a) w cn o m U m 1-4 cc; Zo a 4-1 a) a o� z a) A .G +J a) U O +� U N CIO 00 G G (1) c0 rl W N •4 0 G 0) 00 .G ,- I R3 •b aJ a) C4 •rl • -1 U) O 3 c�