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Ordinance 82-2341 ORDINANCE NO. 82- 2341 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA REPEALING EXISTING SECTION 25-130 . 4 OF THE MIAMI BEACH CITY CODE, GOVERNING THE POSSESSION OF FIREARMS IN MOTOR VEHICLES, AND ENACTING A NEW SECTION 25-130 . 4 PROVIDING THAT FIREARMS SHALL NOT BE LEFT INSIDE A MOTOR VEHICLE IF THE POSSESSER OR OWNER IS ABSENT UNLESS SUCH FIREARM IS LOCKED WITHIN THE GLOVE COMPARTMENT OR TRUNK OF THE MOTOR VEHICLE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Section 25-130. 4 of the Miami Beach City Code which reads as follows is hereby repealed in its entirety: Sec. 25-130.4. 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 de- fined above, unless said firearm: (a) is properly re- gistered with the Miami Beach Police Department, or (b) the person possessing the firearm possesses a valid per- mit to do so from Dade County or a State or Federal agency, or; (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 2 : A new Section 25-130. 4 is hereby enacted to read as follows: Sec. 25-130.4. Leaving Firearms in Motor Vehicles Unoccupied by Owner or Possessor of Firearm. (a) It shall be unlawful for an owner or possessor of a firearm to leave such firearm inside a motor vehicle in which he is not present, unless the firearm is locked within the glove compartment or trunk of the motor vehicle. (b) This section shall not apply to officers of the Miami Beach Police Department or other authorized local, City, County, State or Federal law enforcement personnel. SECTION 3 : OTHER ORDINANCES All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 : SEVERABILITY. If any article, section, subsection, sentence, clause, phrase, or portion of this Ordinance is , for any reason, held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and -1- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 such holding shall not effect the validity of the remaining portions of this Ordinance. SECTION 5 EFFECTIVE DATE. • This Ordinance shall take effect ten (10) days after adoption in ac- cordance with law, on October 16 , 1982. PASSED and ADOPTED this 6th day of October , 1982. 7._ Mayor ATTEST: .A116-e-71, City Cle k JK•a b 1st Reading - September 15, 1982 09162a 2nd Reading - October 6, 1982 APPROVED LEGAL DEPT. s. -2- • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • 4J 4J N 1~ U R3 03 0 U rl 0 cCS C U) Ci I-1 4-I 0 ,L" d-J U) 7 W U a) a) tr) -t 4a ci3 N • O CA •r1 O U N 0c,100 Mt~ 0 -i a) 604 00 H O H a3 H a) 2 0 N Cl) ci •rl .0 a) 4J 4 H Z • 0 0 4-a U U) 0 C7 4J U) N ? p tJ H U co 4J ci1 •,-) O O U c!) sa, S~ 'C 0 w 4-1 CIO a) `� 'J o 3 H •H 4-) CI) a1) 'CO 4-1 0 •H {" U 00,11 •H Cl.)a) 0 C) X •r1 •rl i O a) >. 'C. 0 •ri )a H t~ aO 0 a. 0 ° U) )-1 �"+ 9 •ri N •r1 1J -H O a) r1 uO O • O O �M wa) 0 co ° 0 b i Co0 Pa 0 cn a) O H v UU H CJ O LJ+4I E •