Ordinance 11-1973 ORDINANCE NO. II -1973
AN ORDINANCE OF THE E CllTY OF LONGWOO D,
FLORIDA, AMENDING DING SIECTION 46 °4 OF CHAPTER ER 46,
SECTION 50 -34(d) OF CHAPTER 50, AND SECTION 66-
62(a) OF CHAPTER 66 OF THE CITY CODE TO REMOVE
REFERENCES AND APPLICABILITY OF SUCH
ORDINANCES TO THE REGULATION OF FIREARMS
AND AMMUNITION IN ACCORDANCE WITH SECTION
790.33, FLORIDA STATUTES; AND P R O V I ID I N G
FOR SIEVERABILITY, CONFLICTS,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood enacts this ordinance pursuant to its authority under
§ 2(b), Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes;
WHEREAS, § 790.33, Fla. Stat., states that the Legislature has occupied "the whole
field of regulation of firearms and ammunition, including the purchase, sale, !transfer, taxation,
manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all
existing and future county, city, town, or municipal ordinances or any administrative regulations
or rules adopted by local or state government relating thereto," and that "[a]ny such existing
ordinances, rules, or regulations are hereby declared null and void;"
WHEREAS, according to HB 45, effective October 1, 2011, the state legislature intends
to deter and prevent violations of the existing state preemption against local government
enactment and enforcement of ordinances, administrative regulations, or rules related to firearms,
ammunition, or components thereof;
WHEREAS, HB 45 amends § 790.33(3)(a), Fla. Stat., to provide that "[a]ny person,
county, agency, municipality, district, or other entity that violates the Legislature's occupation of
the whole field of regulation of firearms and ammunition ... by enacting I or causing to be
enforced any local ordinance or administrative rule or regulation impinging upon such exclusive
occupation of the field shall be liable" for any such violations;
WHEREAS, HB 45 imposes penalties for person and local governments that violate the
state firearms and ammunition preemption by enacting or enforcing any local ordinance or
administrative rule or regulation impinging upon such exclusive occupation of the field;
WHEREAS, EAS, an appointed or elected local government official or official or
administrative agency head responsible for a violation of § 790.33, Fla. Stat., may be assessed a
civil fine of up to $5,000:00 and may have his /her employment or contract! terminated or be
removed from office by the Governor;
WHEREAS, a person or an organization whose membership is adversely affected by any
ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or
caused to be enforced in violation of § 790.33, Fla. Stat., may file suit against any local
government for declaratory and injunctive relief, actual damages caused by the violation up to
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$100,000.00, and reasonable attorney's fees and costs, including a contingency multiplier;
WHEREAS, the City desires to avoid the new liabilities imposed by HB 45 by amending
the City Code to conform to the preemption requirements of § 790.33, Fla. Stat. and removing
all Code references to firearms and ammunition that may or could be construed as a violation of
§ 790.33, Fla. Stat.;
WHEREAS, removal of references to firearms and ammunition, and City Code
provisions concerning same will further decrease the likelihood that any elected or appointed city
official, city employee, or contractor will, whether purposefully or inadvertently, violate §
790.33, Fla. Stat., by attempting to enforce any such provision;
WHEREAS, regardless of the amendments contained herein, firearms and ammunition
shall continue to be subject to state and federal regulatory oversight and state and federal laws,
regulations, and restrictions governing the possession, use, and sale thereof; and
NOW, THEREFORE, BE IT ORDAINED BY T>EIIIE CITY COMMISSION OF ')['IHIIE
CITY OF ILONGWOOD, FLORIDA AS FOLLOWS:
SECTION 1. The above recitals are hereby adopted as the legislative purpose of this
Ordinance and as the City Commission's legislative findings.
SECTION 2. Section 46 -4 of the Longwood City Code of Ordinances is hereby
amended to read as follows ( underlined text indicates additions while stxtel teat indicates
deletions).:
See. 416 - 41. - F4rc ns — ,w Weapons in or on municipal buildings or property
prohibited; exception.
(a) Definitions. The following words and phrases, when used in tliis section,
shall, for the purposes of this section, have the meanings respectively ascribed
to them, except where the context otherwise requires:
Firear-in means-any weapeft (ineluding a sta--ef gun' which will, is d�signed
i3 e f an- t S * -e
the fi______ or _ _ _ _ _ _ o ��VTl, CLlnaTlll 1nll1TLL�l -11 V(Ar111
Law enforcement officer means:
(1) All officers or employees of the United States or the state or any agency,
commission, department, board, division, municipality or subdivision
thereof, who have authority to make arrests;
(2) Officers or employees of the United States or the state or any agency,
commission, department, board, division, municipality or subdivision
thereof, duly authorized to carry a concealed weapon;
(3) Members of the Armed Forces of the United States, the organized
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reserves, state militia or Florida National Guard when on duty, when
preparing themselves for, or going to or from military duty,, or under
orders;
(4) An employee of the state prisons or correctional systems who' has been
so designated by the department of corrections or by a superintendent of
an institution;
(5) All peace officers;
(6) All state attorneys and United States attorneys and their respective
assistants and investigators.
Weapon means any dirk, metallic knuckles, slungshot, billie, tear, gas gun,
chemical weapon or device, or other deadly weapon, except a firearms or
ammunition as either term is defined in § 790.001, Florida Statutes, or a.
common pocketknife.
(b) Prohibited. It shall be unlawful for any person to carry or possess any
fire-arm--or weapon within any municipal building or upon any 'municipal
property or to cause any r;feafm —e weapon to be brought within any municipal
building or upon any municipal property.
(c) Exception. Law enforcement officers shall be exempt from the provisions of
this section.
(d) Penalty. Any violation of this section may be punishable by a fine, not
exceeding $500.00, or imprisonment for a term not exceeding six months or
both.
SECTION 3. Section 50 -34(d) of the Longwood City Code of Ordinances is hereby
amended to read as follows ( underlined text indicates additions while atruc -lcout text indicates
deletions):
Sec. 50-34. - Prohibited, restricted activities in city larks.
(d) No person shall carry, fire i iZite, or discharge any gtrrn l e -f €ear
er -an3� r ���r �e�le �r a =ems fireworks e ai m ilk.
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i
SECTION 4. Section 66 -62(a) of the Longwood City Code of Ordinances is hereby
amended to read as follows ( underlined text indicates additions while st -ueke text indicates
deletions):
See. 66 -62. - De llnitions; appHeability.
(a) Definitions. The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Consignment shop means a shop engaging in the business of accepting for sale,
on consignment, secondhand goods which, having once been used or
transferred from the manufacturer to the dealer, are then received into the
possession of a third party.
Parvn means either of the following transactions:
(1) Loan of money. A written or oral bailment of personal property as
security for an engagement or debt, redeemable on certain terms and
with the implied power of sale on default.
(2) Buy -sell agreement. An agreement whereby a purchaser; agrees to
hold property for a specified period of time to allow the seller the
exclusive right to repurchase the property. A buy -sell agreement is
not a loan of money.
Palvnbroker means any person, corporation, or other business organization or
entity which is regularly engaged in the business of malting pawns but does not
include a financial institution as defined in F.S. § 655.005 or any person who
regularly loans money or any other thing of value on stocks, bonds, or other
securities.
Pledge means pawn or buy -sell agreement.
Precious metals means any item containing any gold, silver, or platinum, or
any combination thereof, excluding:
(1) Any chemical or any automotive, photographic, electrical,
medical, or dental materials or electronic parts.
(2) Any coin with an intrinsic value less than its numismatic value.
(3) Any gold bullion coin.
(4) Any gold, silver, or platinum bullion that has been assayed and is
- properly marked as to its weight and fineness.
(5) Any coin which is mounted in a jewelry setting.
Precious metals dealer means a secondhand dealer who normally or regularly
engages in the business of buying used precious metals for resale. The term
does not include those persons involved in the bulk sale of precious metals
from one secondhand or precious metals dealer to another.
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Secondhand dealer means any person, corporation, or other' business
organization or entity which is not a secondary metals recycler subject to F.S. §
538.18 et seq. and which is engaged in the business of purchasing, consigning,
or pawning secondhand goods. However, secondhand dealers are not limited to
dealing only in items defined as secondhand goods in subsection (a),(7) of this
section. Except as provided in subsection (b) of this section, the term means
pawnbrokers, jewelers, precious metals dealers, garage sale operators,
secondhand stores, and consignment shops.
Secondhand goods means personal property previously owned or used, which is
not regulated metals property regulated under F.S. § 538.18 et seq. and which is
purchased, consigned, or pawned as used property. Such .secondhand goods
shall be limited to watches; diamonds, gems, and other precious stones; fishing
rods, reels, and tackle; audio and video electronic equipment, : including
television sets, compact disc players, radios, amplifiers, receivers, turntables,
tape recorders; video tape recorders; speakers and citizens' band. radios;
computer equipment; radar detectors; depth finders; trolling motors; outboard
motors; sterling silver flatware and serving pieces; photographic equipment,
including cameras, video and film cameras, lenses, electronic flashes, tripods,
and developing equipment; microwave ovens; animal fur coat's; marine
equipment; video games and cartridges; power lawn and landscape equipment;
office equipment such as copiers, fax machines, and postage machines but
excluding furniture; sports equipment; golf clubs; weapons, including knives,
swords, and air guns but excluding firearms and ammunition as those items are
defined in §790.001„ Florida Statutes telephones, including cellular and
portable; sew- tools; calculators; musical instruments, excluding pianos
and organs; lawnmowers; bicycles; typewriters; motor vehicles; gold, silver,
platinum, and other precious metals excluding coins; and jewelry, excluding
costume jewelry.
Secondhand store means the place or premises at which a secondhand dealer is
registered to conduct business as a secondhand dealer, or conducts business,
including pawn shops.
Transaction means any purchase, consignment, or pawn of secondhand goods
by a secondhand dealer.
SECTION 5. This Ordinance shall be effective immediately upon adoption.
SECTION 6. Sections 2, 3, and 4 of this ordinance shall be codified and amend the
City of Longwood Code of Ordinances as provided herein, and any sections or subsections
may be renumbered or relettered as appropriate to accomplish such goal.
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SECTION 7. If any section or portion of a section of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force
or effect of any other section or part of this Ordinance.
SECTION 8. If any section or parts of this ordinance conflicts with any other
provision(s) of the City's Code of Ordinances, this ordinance shall control to the extent any such
conflict exists.
FIRST READING this day of v �. r — , A.I.20It.
SECOND READING AND ADOPTION this day of �. , A.D. 2011.
c ® ayor
ATTIES
Sarah M. Mirus,iftIC, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Dal iel Langley, �t ®a•n y�
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