4254 Gun regulationsI
Ordinance No. 2011 -4254
An ordinance of the City of Sanford, Florida pertaining to the
implementation of Chapter 2011 -109, Laws of Florida, relating to the
regulation of guns and the State preemption pertaining to such
regulation; amending Sections 62 -66, 62 -67, 2 -456, 98 -99, 38 -61 and
78 -116 of the City Code of the City of Sanford; providing for
legislative findings; providing for implementing administrative
actions; providing for a savings provision; providing for conflicts;
providing for severability; providing for codification and providing
for an effective date.
Be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings.
(a). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth herein.
(b). Committee Substitute (CS) for CS for CS for House Bill 45 passed the
Florida House of Representatives on April 26, 2011, and subsequently passed the
Florida Senate on April 28, 2011. The bill was approved by Governor Scott on June 2,
2011, and assigned Chapter 2011 -109, Laws of Florida, with an effective date of
October 1, 2011. The bill amends Section 790.33, Florida Statutes, which currently
preempts local governments from regulating firearms and ammunition unless expressly
authorized to do so by general law. The new law prohibits local governmental entities
from regulating or attempting to regulate firearms or ammunition in any manner (except
as specifically authorized by general State law or by the Florida Constitution) and
provides exceptions to this prohibition. Various penalties are established for violating
the new law including provisions that:
(1). Require courts to declare ordinances, regulations, or rules that violate
Section 790.33, Florida Statutes, invalid and issue a permanent injunction
For purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute
ellipses to the original text and s#ikethFeugh shall constitute deletions to the original text.
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against the local government from enforcing such ordinance, regulation, or
rule. It is not a defense that, in enacting the ordinance, regulation or rule,
the local government was acting in good faith or upon advice of counsel.
(2). Require courts to assess a civil fine of up to $5,000.00 against the
elected or appointed local government official or administrative agency
head under whose jurisdiction a violation occurred if the court determines
that a violation was knowing and willful.
(3). State that a knowing and willful violation of the statute by a person
acting in an official capacity is cause for immediate termination of
employment.
(4). Authorize a person or organization whose membership is adversely
affected by any ordinance, regulation, measure, directive, rule, enactment,
order, or policy promulgated or enforced in violation of Section 790.33,
Florida Statutes, to file suit for declaratory and injunctive relief and for all
actual damages attributable to the violation.
It is on the basis of the provisions of amended Section 790.33, Florida Statutes, that the
City Commission takes the actions herein.
(c). The City of Sanford has complied with all requirements and procedures of
controlling Florida law.
Section 2. Amendment to Sections 62 -66, 62 -67, 2 -456, 98 -99, 38 -61 and
78 -116, City Code. Sections 62 -66, 62 -67, 2 -456, 98 -99, 38 -61 and 78 -116 of the City
Code of the City of Sanford, Florida are amended to read as follows:
For purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute
ellipses to the original text and stF+kethF9Wgh shall constitute deletions to the original text.
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Sec. 62 -66. Firearms /fireworks /destructive devices /weapons /potentially
dangerous instrumentalities.
(a) It is unlawful to carry, fire or discharge any destructive device, explosive, or
weapon, eF fiFeaR:a, as those terms are defined in controlling State law
(including, however, in this prohibition, the items excepted as
destructive devices and antique fiFeaFms), or any fireworks, as defined in controlling
State law , of any description in a city park. This pmy sha net make
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duties.
(4 Bows and arrows, including, but not limited to, cross bows; paiRt ball g rockets;
golf clubs; and radio controlled planes, boats, cars and helicopters are prohibited in city
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ellipses to the original text and stAkethmugh shall constitute deletions to the original text.
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parks unless authorized for particular city park(s) in resolution adopted in accordance
with this article.
Sec. 62 -67. Hunting /wildlife preservation and conservation.
(a) It is unlawful to harass, hunt, catch, harm, kill, trap, sheet shine lights at or throw
missiles at any animal, reptile or bird in any city park.
(b) It is unlawful to use nets to catch game fish in any publicly owned body of water or
within any city park.
(c) It is unlawful to use trotlines to catch fish in any publicly owned body of water or
within any city park.
(d) It is unlawful for a person to remove or have in his or her possession any wild
reptile, bird or animal or the eggs or nest of young reptile or bird which is or was located
in a city park.
(e) It is unlawful to introduce into or leave any wild animal into or at a city park.
(f) The city may issue permits to allow activities and actions that are otherwise contrary
to the provisions of this section if the city determines that the activities and actions will
be accomplished for management, scientific or husbandry purposes and are consistent
with the public interest.
Sec. 2 -456. Effect and purpose of state of local emergency.
(a) Upon the declaration of a state of local emergency pursuant to this division, the state of
local emergency shall be effective during the period of such local emergency for the duration of
the period of time established in the applicable proclamation or as otherwise provided by state
law, to protect the health, safety and welfare of the citizens of Sanford and those other persons
residing in, traveling in or conducting business in the city.
For purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute
ellipses to the original text and stOikethmugh shall constitute deletions to the original text.
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(b) The city manager, is hereby vested and delegated with the power and authority to take all
actions necessary to address the emergency situations that may arise as a result of local
emergencies.
(c) Without limiting the generality of the provisions of subsection 2- 456(b), the city manager is
hereby vested and delegated with the power to accomplish the following actions:
(1) To waive and dispense with any and all purchasing or procurement policies and practices
of the city in order to address and respond to emergency conditions and associated impacts and
in order that the city will be in a position to respond to the day -to -day exigencies that may arise
and procure necessary goods and services to protect the public health, safety and welfare.
(2) To issue development permits to allow the reconstruction and repair of non - conforming
structures that have been damaged.
(3) To issue development permits and construction permits without assessing customary fees
and charges for activities that pertain to the restoration and rehabilitation of any and all
structures damaged.
(4) To suspend the watering or irrigation of properties in the event that the city's water supplies
or water supply system or facilities is or are threatened with harm or an inability to function at a
level that is consistent with the protection of the public health, safety and welfare.
(5) To permit tree removal, notwithstanding the requirements of any code or ordinance, in
order to protect the public safety and prevent property damage from occurring.
(6) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, fiFeaFs,
explosives and combustibles.
(7) Establish curfews including, but not limited to, the prohibition of or restrictions on pedestrian
and vehicular movement, standing and parking, except for the provision of designated essential
services, such as fire, police, emergency medical services and hospital services to include, but
not be limited to, the transportation of patients, utility emergency repairs and emergency calls by
For purposes of this Ordinance, underlined type shall constitute additions to the original text, "' shall constitute
ellipses to the original text and stf+I(@tl4F0Ugh shall constitute deletions to the original text.
physicians. If the Seminole County Sheriff or the city police chief, as the case may be, advises
the city manager that a curfew may be in the public interest and protect the public health, safety,
and welfare, the city manager may issue a proclamation that a curfew be in effect. A copy of the
proclamation shall be delivered by the Seminole County Sheriff or the city police chief, as the
case may be, to the mayor and each member of the city commission as soon as practicable
after its issuance by the city manager and copies of the proclamation shall be posted at such
places and locations as the city manager shall deem practicable under the circumstances. The
city manager, as soon as practicable, shall request the mayor, or vice mayor, in the absence of
the mayor, to issue a proclamation affirming the determination of the city manager.
(8) Utilize all available resources of the city government as reasonably necessary to cope with
the emergency.
(9) Declare certain areas within the city off limits.
(10) Make provisions for the availability and use of temporary emergency housing and the
emergency warehousing of materials.
(11) Establish emergency operating centers and shelters in addition to or in place of those
provided in Seminole County's or the city's emergency management plans.
(12) To prohibit the use of fresh water supplied by the city for any purpose other than cooking,
drinking or bathing.
(13) Confiscate merchandise, equipment, vehicles or property needed to alleviate the local
emergency. Reimbursement to the owner shall occur within 60 days and at customary value
charged for the items during 90 days previous to the state of local emergency.
(14) To call on the National Guard of the Army, public safety officials and law enforcement
officials as necessary to assist in the mitigation of the local emergency or to help maintain law
and order, rescue and traffic control.
Sec. 98 -99. Schedule of local business IieeRse taxes.
For purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute
ellipses to the original text and stfikethFough shall constitute deletions to the original text.
The amount of local business 1iseflse tax levied and imposed upon every person that
shall engage in or manage any occupation, business or profession mentioned in this
section within the City is hereby fixed, graded and determined as to the following
occupations, businesses or professions at the following amounts:
GUN DEALER/GUNSMITH ... 70.00
Sec. 38-61. Definitions.
Definitions of technical terms used in this article which are not defined in this
section shall be obtained from publications of acoustical terminology issued by the
American National Standards Institute (ANSI) or its successor body. 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:
Impulsive sound means sound of short duration, usually less than one second, with an abrupt
onset and rapid decay. Examples of sources of impulsive sound include explosions, and drop
force impacts, and the dffiGGhaFge 9f fiFeaFFAG.
Sec. 78 -116. Definitions.
As used in this article, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended and the definitions set forth in F.S.
For purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute
ellipses to the original text and stFik8thF0Ugh shall constitute deletions to the original text.
§§ 509.242 and 320.01(2)(b), shall apply to the interpretation of section 78 -123 of this article as
shall the terms defined otherwise in the land development regulations of the city.
Nuisance activity means any activity, behavior or conduct whenever engaged in by
premises owners, operators, occupants or persons associated with a premises that could be
enforced by means of a proceeding before the city's hearing officer /special magistrate, through
citation as set forth in this Code, through nuisance abatement, or relating to any actions or
offenses relating to the following subject matter:
(1)
(renumber remaining definitions).
Section 3. Implementing Administrative Actions.
The City Manager and City Clerk are hereby authorized and directed to
implement the provisions of this Ordinance.
Section 4. Savings.
The prior actions of the City of Sanford relating to the regulation of guns and
matters and processed by the City of Sanford are hereby ratified and affirmed.
Section 5. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and stFikethmugh shall constitute deletions to the original text.
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word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 7. Codification.
Except for Sections 1 and 2, the provisions of this Ordinance shall not become
and be made a part of the Code of Ordinances of the City of Sanford, Florida.
Section 8. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 26 day of September, 2011.
Attest. City Commiss on of the City of
Sanford, Florida
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Approved as to form
and legal sufficiency.
illiam L. Colbert, City Attorney
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and stf+kethreugh shall constitute deletions to the original text.