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HomeMy WebLinkAbout2011-003ORDINANCE NO. 2011- 003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 205, "PARKS AND RECREATION," OF THE CODE OF INDIAN RIVER COUNTY TO PERMIT THE CARRYING OR POSSESSION OF CONCEALED WEAPONS OR FIREARMS IN PARKS AND RECREATIONAL AREAS, IN ACCORDANCE WITH FLORIDA STATUTES, SECTIONS 790.33 AND 790.06; PROVIDING FOR SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Section 790.33, provides, with some limited exceptions, that exclusive jurisdiction over the regulation of firearms in Florida, including the possession and transportation of firearms, is vested exclusively in the State of Florida and that any local ordinances to the contrary shall be null and void; and WHEREAS, Florida Statutes, Section 790.06 authorizes the State of Florida to issue licenses to persons to carry concealed weapons or firearms in most areas of the state, including county parks and recreational areas; and WHEREAS, IRC Code, Section 205.03(5), provides that no person shall carry any gun, pistol or firearm in any county park or recreational area, without a permit issued by the park or recreation department of Indian River County; and WHEREAS, IRC Code, Section 205.03(5) appears to.be in conflict with Florida Statutes, Sections 790.33 and 790.06, and therefore should be amended to be consistent with state law, 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 of Chapter 205, "PARKS AND. RECREATION" of the Indian River County Code. Chapter 205 of the Indian River County Code is hereby amended as follows: Section 205.02. Definitions. 1 CODING: Words in format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE N0. 2011- 003 For the purpose of this chapter the following words or phrases shall have the meanings set forth below. When not inconsistent with the context, words in the plural include the singular, words used in the present tense include the future, words in the singular number include the plural number. The word "shall" is always mandatory. - -. Firearm means any firearm as defined in Florida Statutes Section 790 001(6) as amended from time to time. Section 205.03. Rules and regulations. (5) Firearms or fireworks. No person in any park or recreational area shall (a) carry or possess a firearm, except as authorized by state law. Without limitation, a person may carry a concealed weapon or firearm to the extent permitted by Florida Statutes, 790.06, or (b) fire or discharge any gun, Pi6tGI firearm, er any rocket, torpedo or other fireworks of any description, without a permit from the department. Section 3. Severability.. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. The Clerk to the Board shall mail the certified copy of the ordinance to the Department of State within ten (10) days after enactment. This ordinance was advertised in the Vero Beach Press Journal on the 9th day of March, 2011, for a public hearing to be held on the 22nd day of March, 2011, at which time it was moved for adoption by Commissioner whPPi Pr , seconded by Commissioner Davis , and adopted by the following vote: 2 CODING: Words in stFike-thFough format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2011-,003 Chairman Bob Solari Vice -Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Aye Aye Aye Aye Aye The Chairman thereupon declared the ordinance duly passed and adopted this _22nddl day of March, 2011. ATTEST: Jeffrey K. Barton, Clerk By: Deputy C erk BOARD OF COUNTY COMMISSIONERS OF INDIAN. RIVER COUNTY, FLORIDA 46 By: Z , -A-6 Bob Solari, Chairman Approved as to form and legal suffic Hcy r --� �•hAMEfi C0� By: �•..•.... Alan S. P ckwich, , County Attorney ACKNOWLEDGEMENT: This ordinance was filed with the Department of State of the State of Florida this 29thday of March _'2011. 3 CODING: Words in str+fE# format are deletions to existing text; words in underlined format are additions to existing text.