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Last modified
12/28/2016 4:47:08 PM
Creation date
10/5/2015 9:12:13 AM
Metadata
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Ordinances
Ordinance Number
2011-008
Adopted Date
09/13/2011
Agenda Item Number
10.A.3.
Ordinance Type
Public Safety
State Filed Date
09\23\2011
Code Number
Chapts 205;306;901;974
Subject
Firearms and Ammunition
Supplemental fields
SmeadsoftID
10240
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ORDINANCE NO. 2011- 008 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING OR DELETING THE <br />FOLLOWING SECTIONS OF THE CODE OF INDIAN RIVER COUNTY <br />TO REMOVE ANY PROVISIONS RELATING TO FIREARMS AND <br />AMMUNITION: SECTION 101.09 (DISASTER EMERGENCY PLANS), <br />SECTION 205.02 (DEFINITIONS), SECTION 205.03 (RULES AND <br />REGULATIONS), SECTION 306.13 (PROHIBITION AGAINST <br />DISCHARGE OF FIREARMS), SECTION 901.03 (DEFINITIONS IN <br />ALPHABETICAL ORDER) AND SECTION 974.05 (ADDITIONAL NOISE <br />CONTROL STANDARDS BY ZONING DISTRICT); PROVIDING FOR <br />SERVERABILITY; A GENERAL REPEALER; AND AN EFFECTIVE <br />DATE. <br />WHEREAS, section 790.33, Florida Statutes, preempts to the State of Florida the <br />regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, <br />manufacture, ownership, possession, and transportation thereof, and declares that any <br />local ordinance to the contrary shall be null and void; and <br />WHEREAS, several sections of the Code of Indian River County contain <br />provisions relating to firearms and ammunition which, based on section 790.33, Florida <br />Statutes, are null and void; and <br />WHEREAS, under these circumstances, it is necessary and appropriate to <br />amend or delete the aforesaid sections relating to firearms and ammunition, <br />NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Legislative Findings. The Board finds that the above "Whereas" <br />clauses are true and correct, and hereby incorporates such clauses as the legislative <br />findings of the Board. <br />Section 2. Amendment or Deletion of Certain Sections of the Code of <br />Indian River County. The following sections of the Code of Indian River County are <br />hereby amended or deleted as set forth below: section 101.09 (disaster emergency <br />plans), section 205.02 (definitions), section 205.03 (rules and regulations), section <br />306.13 (prohibition against discharge of firearms), section 901.03 (definitions in <br />alphabetical order) and section 974.05 (additional noise control standards by zoning <br />district) (new language is underlined, and deleted language is noted by str-iFethFe-ugh): <br />Section 101.09. Disaster emergency plans. <br />(1) A proclamation declaring a state of emergency shall activate the disaster <br />emergency plans applicable to Indian River County and shall be the authority for <br />use or distribution of any supplies, equipment, materials, debris removal, facilities <br />assembled or arranged to be made available pursuant to such plans. <br />
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