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HomeMy WebLinkAbout1982-27ORDINANCE NO. 82- 27 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE 79-27, KNOWN AS THE INDIAN RIVER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVIDING FOR REVISIONS TO SECTIONS 6, 7, 8, and 13 (2); PERTAINING RESPECTIVELY TO DESIGNATION OF FIREARMS SAFETY AND HANDLING COURSE; INVESTIGATION; NOTICE OF FILING AND OF APPROVED APPLICATIONS; LICENSE REVOCATION; SUBSTITUTING A NEW SECTION -9 PROVIDING FOR REVIEW PROCESS; BOARD ACTION; APPEAL OF DENIAL; CREATING A NEW SECTION 14 PROVIDING FOR NOTICES; RENUMBERING CERTAIN SECTIONS; PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance 79-27 to establish a uniform policy and procedure governing the issuance of concealed weapons licenses in Indian River County; and WHEREAS, the Board now desires to revise the firearms safety and handling course designation requirement to satisfy the reasonable needs and capabilities of the public and of local training resources; and WHEREAS, the Board also desires to clarify the procedure for consideration and issuance of licenses to those desiring to carry concealed weapons in order to facilitate proper administra- tion of the ordinance. WHEREAS, these amendments do not in any way infringe upon the citizen's right to keep and bear arms for lawful purposes, without a license, in one's home, place of 1--siness, or private conveyance as provided by Florida Statutes §790.25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1 This ordinance is adopted pursuant to authority vested in the Board of County Commissioners by virtue of FloridaStatutesStatutes oa]_yy TLV\ CULL1C for t C issuance of licenses to carry concealed pistols on the person. SECTION 2 Section 2 (f) (2) of Ordinance 79-27 is hereby amended to read as follows: Section 2. CRITERIA FOR ISSUANCE OF LICENSE TO CARRY CONCEALED WEAPON. Prior to the issuance of a license to carry -1- CODING: Words in streek-through type are deletions from existing law; words underlined are additions. firearms under Section 790.06 Florida Statutes (199; 81), all applicants shall be required to submit evidence and certify to the Board of County Commissioners that: (f) The applicant affirmatively establishes that he or she intends a proper use of or has a demonstrable need for carrying a concealed pistol. In affirmatively establishing the propriety of the use of or necessity for carrying a concealed Pistol, the applicant must show: (2) The applicant has a demonstrated need to carry a firearm for self-defense or as a result of his occupation, employment, profession or other relevant factor or activities. SECTION 3 Section 6 of Ordinance 79-27 is hereby amended to read as follows: Section 6. DESIGNATION OF COURSES IN INSTRUCTION IN FIREARM SAFETY AND HANDLING. The Board of County Commissioners of Indian River County, Florida, shall designate by resolution those courses in instruction, satisfactory completion of which is required for compliance with Section 2 of this ordinance_ r -but }e-rse-ease-she}}_a-eenrse-be-eles}grsateel-wb}eh-€a}}s-as-a-x�}r�im�t te-meet-the-reeltz}red-er}ter}e-€er-8}ass-u6ll-statew}ole-gt�rs- perns€ts-epee}€ted-}rs-6hspter-}G-3-}�-a€-the-Re}es-a€-tkre Bepertrneet-a€-Stete-€er-gr}vete_}aeest#gat}ee-agerse}es- Any fee assessed for enrollment in a course desi nated hereundL.r shall. be paid by an applicant directly to the acrency.conducting.Lhe course. The amount of the fee, however, shall be subject to prior approval by the Board of County Commissioners as part of the resolution designating the course for recognition under this ordinance SECTION 4 Section 7 of Ordinance 79-27 is hereby amended to read as follows: Section 7. 'INVESTIGATION. Prior to the review of an application by the County Administrator and consideration by the Board of County Commissioners, Tthe Sheriff of Indian River County shall conduct an examination of available local state and federal records a-reeerd-eheel�-ors-ell-app}teants-ie-order to CODING: -2- Words in straek-threugh type are deletions from existing law; words underlined are additions. determine whether an applicant has been arrested, charged, or indicted for, or convicted of any criminal offense that would affect his eligibility for a permit. The expense of said background investigation shall be borne by the applicant through the administrative fee established pursuant to Section 15 hereunder. SECTION 5 Section 8 of Ordinance 79-27 is hereby amended to read as follows: Section 8. NOTICE OF FILING AND OF APPROVED APPLICATIONS. Notice of application for a license shall be published once in a newspaper of general circulation in the County, at least five days but no more than fifteen days, prior to initial consideration aeties by the Board of County Commissioners. The application for any license, if granted, shall be a public record and shall be filed by the County Administrator with the Clerk of the Board of County Commissioners. SECTION 6 Section 9 of Ordinance 79-27, as presently exists, is hereby repealed in its entirety: 6eetiBt!-9 �--B�SHPiB$-BAB�B�Yi'� �-139P34PcAiv'SrHRABbH- �---Ail-��eesse-app��eeh#ass-mesh-be-eppr®�aed-by-tke Saare�-a€-eeustp-Eemmtsslasers-be€ere-a-va���-�leesse-map-be- �sseed-bp-hhe-8eusb�+-Adintstsbraber-or-his-des��;.see---Appreea�-er eies�a�-sha��-be-based-apes-eamp�4esee-w�hh-tke-er#her}e esteb��sheei-elder-6eeb�es-�: - - SECTION 7 In place of Section 9 of Ordinance 79-27, repealed above, a new Section 9 is hereby created to read as follows: SECTION 9. REVIEW PROCESS; BOARD- ACT-TM---APPEAL---I . Within thirty (30) days following receipt of a completed application, including background investigation and course evaluation report, the County Administrator shall review same for compliance with the requirements of this ordinance and shall make a recommendation for action to the Board of County -3- CODING: Words in atruek-threogh type are deletions from ' existing law; words underlined are additiods. Commissioners. The Board of County Commissioners shall act upon completed applications at the earliest available regularly scheduled meeting. An applicant who is denied shall be notified promptly by mail. 2. In the event issuance of a license is denied by the Board of County Commissioners under subparagraph 1 above, an aggrieved applicant may request a public hearing before the Board for reconsideration of the matter by delivering a written request therefor to the County Administrator within fifteen days following the date notice of the denial is postmarked. r9;;9w ng 9LP_FGV4A1( tkl� gqunty Administrator or his *E t7-* ••t.t..t* h�n3 - ad h•• Qaah�aw � o� ppia osoJioaaao of —be ---- a-1— nontransferable. SECTION 8 Subparagraph 2 of Section 13 of Ordinance 79-27, pertaining to license revocation is hereby amended to read as follows: Section 13. LICENSE REVOCATION. 1. Any license issued under this ordinance may be revoked by the Board of County Commissioners upon a determination that: (a) A licensee has been convicted of a felony; (b) A licensee has misrepresented or concealed facts on his application which bear on the proper use of or need for carrying a concealed pistol; (c) A licensee no longer meets the criteria for eligibility specified in this ordinance. 2. Revocation shall be automatic upon conviction of a felony, and a license shall be suspended upon a licensee being charged with commission of a felony or having received a court ordered referral for psychiatric evaluation, the period of suspension shall continue until all charges have been disposed in the event of a felony charge, or satisfactory determination by a licensed medical doctor in response to the court ordered -4- CODING: Words in struck -through type are deletions from existing law; words underlined are additions. Psychiatric evaluation; however, no license may be revoked under Section 13 (1) (b) or (c) above, until a hearing has been held before by the Board of County Commissioners eeunty Administrator -or -his -designee not less than fifteen days after the date of mailing of a notice advising the licensee of the pending revocation, the reasons therefor, and the date, time and place of the hearing. after-at-ieaet-fi€teen-fi5�-slaps-written nut#ee-thereat-te-the-i}senses:--4�he-hearing-e¢fieiei-shah-make finelings-af-feet;-a-teeammenelatiea;-anal-gresent-a-trenserigt-®f aii-hearings-te-the-Hearel-a€-eesntp-eemneissianers-prier-ta-the reeaeatien-ag-arty-iieense-bp-the-Beard-af-eeue�tp-eemmissianers- SECTION 9 A new Section 14 is hereby created to read as follows: Section 14. NOTICES. Any notice to an applicant or licensee required by this ordinance shall be deemed to have been properly given if mailed to the most recent address on file with the Clerk of the Board of County Commissioners. It shall be the responsibility of the applicant or licensee to keep a current address on file. SECTION 10 Sections 14, 15, and 16 of Ordinance 79-27, as adopted, are hereby renumbered respectively as Sections 15, 16, and 17. SECTION 11 INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of Ordinance 79-27 and of this ordinance shall be incorporated in the County Code of Laws and Ordinances and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 12 -_— SEVERABILITY. If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such hold- ings or invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative -5- CODING: Words in struck -through type are deletions from , `�'}M1 existing law; words underlined are additions. intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. SECTION 13 EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 3rd day of November 1982. INDIAN.RIVER COUNTY BY ITS - BOARD OF COUNTY COMMISSIONERS By: `:/�)'G DON C. SCURLOCK, JR.4 Chairman Acknowledgment by the Department of State of the StatE of Florida this 9 t day of 1/04.dy� , 1982. Effective Date: Acknowledgment fr the Department of State received on this /roc day of �,pftog,/� , 1982, at //°oo, A.M./il-AL. and filed in. the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Approved as to form and legal qnff,*ciency. By: . PAULL slantycCounty Attorney -6- STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. F'REEDDA WRIGHT, CLERK BY D.r- DATE Z CODING: Words in struck -through type are deletions from existing laws words underlined are additions.