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ORDINANCE NO. 2011- 008 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING OR DELETING THE FOLLOWING SECTIONS OF THE CODE OF INDIAN RIVER COUNTY TO REMOVE ANY PROVISIONS RELATING TO FIREARMS AND AMMUNITION: SECTION 101.09 (DISASTER EMERGENCY PLANS), SECTION 205.02 (DEFINITIONS), SECTION 205.03 (RULES AND REGULATIONS), SECTION 306.13 (PROHIBITION AGAINST DISCHARGE OF FIREARMS), SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) AND SECTION 974.05 (ADDITIONAL NOISE CONTROL STANDARDS BY ZONING DISTRICT); PROVIDING FOR SERVERABILITY; A GENERAL REPEALER; AND AN EFFECTIVE DATE. WHEREAS, section 790.33, Florida Statutes, preempts to the State of Florida the regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, and declares that any local ordinance to the contrary shall be null and void; and WHEREAS, several sections of the Code of Indian River County contain provisions relating to firearms and ammunition which, based on section 790.33, Florida Statutes, are null and void; and WHEREAS, under these circumstances, it is necessary and appropriate to amend or delete the aforesaid sections relating to firearms and ammunition, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Legislative Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 2. Amendment or Deletion of Certain Sections of the Code of Indian River County. The following sections of the Code of Indian River County are hereby amended or deleted as set forth below: section 101.09 (disaster emergency plans), section 205.02 (definitions), section 205.03 (rules and regulations), section 306.13 (prohibition against discharge of firearms), section 901.03 (definitions in alphabetical order) and section 974.05 (additional noise control standards by zoning district) (new language is underlined, and deleted language is noted by str-iFethFe-ugh): Section 101.09. Disaster emergency plans. (1) A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to Indian River County and shall be the authority for use or distribution of any supplies, equipment, materials, debris removal, facilities assembled or arranged to be made available pursuant to such plans.