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Ordinance 81-2258ORDINANCE NO. 81-2258 AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA REGULATING THE POSSESSION OF FIREARMS WITHIN THE CITY; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING FOR AN EFFECTIVE DATE. 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 measure for the purpose of regulating the possession of weapons and firearms. The Commission is advised by the Miami Beach Police Department that fire- arms 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 informed 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 prohibit such conduct. This measure is therefore designed as a 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. (a) Unless otherwise indicated, the term "Firearm" shall mean any revolver, pistol, autoloading pistol, modified rifle or shot- gun, or weapon (including a starter gun), which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; any machine gun or any gun originally designed or altered to be used by one hand having a barrel length of less than sixteen inches, and an overall length of less than twenty-six and one-half inches, but the word firearm shall not be con- strued to mean guns that do not use self-contained cartridges. The term "firearm" shall not include an antique firearm. (b) "Weapon" means any dirk, metallic knuckles, slingshot, billy, tear gas gun, chemical weapon or device, electric weapon or device, or any other deadly weapon except a firearm or a common pocket- knife. (c) "Electric weapon or device" means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. (d) "Tear gas gun," "chemical weapon," or "device" shall apply to all weapons of such nature except those designed to be carried in a handbag or pants or coat pocket or designed as a pocket pencil or pen and containing not more than one-half ounce of chemical. (e) "Destructive device" means any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will, or is designed to, or may readily be converted to, expel a projectile by the action of any explosive and has a barrel with a bore of one-half inch or more in diameter and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. "Destructive device" shall not include: OFFICE OP THE CITU ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH. FLORIDA 33130 (a) A device which is not designed, redesigned, used, or intended for use as a weapon; (b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line -throwing, safety, or similar device; (c) Any shotgun other than a short -barreled shotgun; or (d) Any nonautomatic rifle (other than a short -barreled rifle) generally recognized or particularly suitable for use for the hunting of big game. 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 in compliance with §25-109 et. seg. Miami Beach City Code. SECTION 4: CARRYING OF FIREARMS AND OTHER WEAPONS. It shall be unlawful for any person to carry on his immediate person, whether concealed or othewise, any firearm as defined above, or to conceal under his clothing or about his person, or to display in a threatening manner, any firearm or other lethal weapon including but not limited to bowie knives, daggers, machetes, blackjacks, or switch- blades; provided however that this section shall not apply to persons licensed or permitted by any governmental entity to carry firearms or other weapons on or about their persons, and persons excepted herein under Section 6. SECTION 5: POSSESSION OF FIREARMS -MOTOR VEHICLES. It shall be unlaw- ful for any person to carry within any vehicle in the City of Miami Beach a firearm, as defined above, unless said firearm: (a) is properly registered with the Miami Beach Police Department, or; (b) the person possessing the firearm possesses a valid permit to do so from Dade County or a State or Federal agency; (c) the firearm is disassembled and unloaded, or; (d) the firearm is securely locked within the glove compartment, trunk or other locked compartment within the vehicle. SECTION 6: EXCEPTIONS. This Ordinance shall not apply to officers of the Miami Beach Police Department or other authorized local City, County, State or Federal law enforcement personnel. This Ordinance shall not apply to persons situated within their own homes or within their own place of business where there is a reasonable need to possess firearms or other weapons for purposes of self-defense. SECTION 7: EFFECT ON OTHER LAWS. The provisions of this Ordinance shall be cumulative and additional to any and all other State, County, and Miami Beach laws governing the possession and use of firearms; the provisions of this Ordinance shall repeal, those Miami Beach Code provisions inconsistent herewith. 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 competent jurisdiction, such portion shall be deemed a separate, distinct and independent pro- vision 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 to take effect upon -enactment in accordance with law. FORM APPROVED PASSED and ADOPTED this 9AL DEPT. By, Doi ('‘912Z)i X SG/rr 18th day of March , 1981. 1st Reading - February 18, 1981 2nd Reading - March 18, 1981 2 - OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 L Ln N N I a r-1 .4C 00 z 0 od H • O G 0 0 •H •r1 H Z u -d owa> O U) 0 m >i o a Z a H 2 co ,.0 4J O 1.1 •r1 U bA i. 4-) 4-, 0 al •r1 r-1 0 1J CO .0 r -I CU .0 0 Ri •r-1 •- 3 D of firearms penalties for