Loading...
HomeMy WebLinkAboutO-11-17AMENDED ORDINANCE NO. 0 -11- 17 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING REFERENCES TO DISCHARGIING FIREARMS, AMENDING SECTIONS 18 -1 AND 70 -3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The state legislature has expanded the local preemption of the regulations of firearms and ammunition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Sec. 18 -1 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: Sec. 18 -1. City designated bird and wildlife sanctuary; unlawful to shoot or trap birds and certain animals; permit to kill; signs. The city, including all lands now or hereafter within its territorial limits, is hereby established as a sanctuary and a reserve for all birds and fur - bearing animals; and it shall be unlawful for any person to hunt, kill shoot or trap or in any manner kill or destroy such birds and fur - bearing animals within the city limits unless written permission is expressly granted to an individual or group by the city manager. The city manager is hereby authorized to issue a permit for the killing or destroying of any birds and fur - bearing animals that become obnoxious or destructive. Appropriate signs of a permanent nature, approved by the city council may be furnished, placed and maintained at the principal entrances to the city limits. Section 2. That Sec. 70 -3 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: Sec. 70 -3. . Reserved. It shall be unlawful for any person to discharge or fire any pistol, gun, of duty, or in an establishment licensed by the city to allow discharge of firearms such as, but not necessarily limited to, firing ranges, amusement parks, and similar establishments. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Gillmor The motion was seconded by Councilmember Wright and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice -Mayor Don Wright aye Councilmember Richard H. Gillmor aye Councilmember Andrea B. Coy aye Councilmember Eugene Wolff aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of Septembe,r2011. CITY OF S BASTIAN, FLORIDA Bv: Jim Hill ATTES // Sally A. Maio E` City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect.