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.
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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:
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City Clerk
By_-_
Date..
APPROVED
LEGAL DEPT.
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Passed and Adopted as an emergency measure - October 28, 1980
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
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