11-028
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2: i ORDINANCE NO. 11-028
3! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4: BOYNTON BEACH, FLORIDA, REPEALING P ART II, CHAPTER 15,
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51 ARTICLE I, SEC. 15-14 AND PART II, CHAPTER 15, ARTICLE III, SEe.
61 15-45 OF THE CITY'S CODE OF ORDINANCES RELATING TO
7! FIREARMS; AND AMENDING PART III, CHAPTER 1, ARTICLE II,
I PERTAINING TO THE DEFINITION OF ART, BOOK, CRAFT, HOBBY,
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9\ MUSIC, SPORTING GOOD, AND TOY STORES, OF THE CITY'S CODE
101 OF ORDINANCES RELATING TO FIREARMS; PART II, CHAPTER 16,
111 ARTICLE II, SEe. 16-53 AND PART III, CHAPTER 3, ARTICLE IV, !
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121 SECTION (3)(E)(25); PROVIDING FOR CONSISTENCY WITH
13 :, CHAPTER 2011-109, LAWS OF FLORIDA, WHICH PREEMPTS i
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14 i FIREARM LAWS AND REGULATION TO THE STATE; PROVIDING !
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15 i FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. I
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17 WHEREAS, on June 2, 2011, House Bill 45, as adopted by the 2011 Florida ,
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18 Legislature was signed into law as Chapter 2011-109, Laws of Florida (the "Act"), by !
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19 ~! Governor Scott; and ,
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20 WHEREAS, the Act directly preempts the entire field of regulation of firearms and ,
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21 I ammunition to the exclusion of any city or county ordinances, regulations or rules; and
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22 WHEREAS, the Act provides for an effective date of October 1, 2011; and
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23\ WHEREAS, the Act provides that any such existing local ordinances, rules or ,
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24 1: regulations are declared null and void; and
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WHEREAS, the Act provides for severe sanctions and penalties in the event that the
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26 I i City, Elected Officials, or Employees violate the Legislature's occupation of the whole field
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27 I of regulation of firearms and ammunition; and i
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28 WHEREAS, the City Commission finds the repeal of Part II, Chapter 15, Article I,
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29 Sec. 15-14; Part II and Chapter 15, Article III, Section 15-45; and the amendment of Part II,
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30 i i Chapter 16, Article II, Sec. 16-53; Part III, Chapter 3, Article IV, Sec. (3)(E)(25); and Part III,
31 I Chapter 1, Article II, pertaining to the definition of art, book, craft, hobby, music, sporting
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1 : good, and toy stores to be in the best interests of the citizens and residents of the City and
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2: necessary to comply with the new law.
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3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF i
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4 THE CITY OF BOYNTON BEACH, FLORIDA THAT: i
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Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
6 as being true and correct, and are hereby incorporated herein and made a part hereof.
7 Section 2. The City Commission of the City of Boynton Beach hereby repeals Part
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81 II, Chapter 15, Article I, Sec. 15-14 and Part II, Chapter 15, Article III, Section 15-45; of the
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91 City's Code of Ordinances.
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10 Section 3. Part II, Chapter 16, Article II, Sec. 16-53; is amended to read: I
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11 I Sec. 16-53. Hunting; weapons; shooting i
12 It shall be unlawful for any person to hunt, trap or pursue wild life at any !
13 , time on any beach or park; nor shall any person use, carry or possess firearms of ;
14 I' any description, or air-rifles, spring-guns, bow and arrows, slings or any other \
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15 i forms of weapons potentially inimical to wild life and dangerous to human safety,
16 excluding firearms, or any instrument that can be loaded with and fire blank i
17 . cartridges, or any kind of trapping device. Shooting into a park area from beyond i
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18 I the park boundaries is forbidden. ;
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20 Section 4. Part III, Chapter 3, Article IV, Sec. (3)(E)(25) is amended to read: ;
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22 25. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store.
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24 a. C-2 District. Gross floor area shall not exceed five thousand
25 (5,000) square feet. The salc of ammunition or firearms is prohibited.
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27 b. CBD District. Bait and tackle shops are permitted as an accessory i
28 use to marinas, including yacht club.
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30 c. "Mixed Use" Districts. The sale of ammunition or firearms is
31 prohibited. I
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33 Section 5. Part III, Chapter 1, Article II defining Art, Book, Craft, Hobby, Music, i
34 Sporting Good & Toy Store is amended to read: I
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1 ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - I
2 Establishments that retail and provide expertise on the use of sporting equipment (such as a I
3 bicycle or dive shops) or other specific leisure activities, such as needlework and musical i
4 instruments. but excluding thc sale of ammunition or fircarms as a principal use. Sporting
5 goods stores may retuil ummunition and/or firearms as un accessory use. Craft stores are
6 primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other
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7 needlework accessories or retailing these products in combination with selling new sewing
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8 machines. This use also includes establishments that are primarily engaged in displaying
9 works of art for retail sale in art galleries.
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11 Section 6. The appropriate members of the City staff are hereby authorized to take
12 any and all steps necessary to effectuate the intent of this Ordinance.
13 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
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in conflict herewith be and the same are hereby repealed to the extent of such conflict. I
15 Section 8. If any clause, section, or other part or application of this Ordinance shall
; be held by any court of competent jurisdiction to be unconstitutional or invalid, such ,
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17 unconstitutional or invalid part or application shall be considered as eliminated and so not !
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18 affecting the validity of the remaining portions or applications remaining in full force and effect.
19 Section 9. This Ordinance shall become effective on October 1, 2011.
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21 REMAINDER OF THIS PAGE INTENTIONALL Y LEFT BLANK !
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1 FIRST READING this 4th day of October, 2011.
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2 SECOND, FINAL READING AND PASSAGE this ~ day of OCToBE~ ,2011.
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4 CITY OF BOYNTON BEACH, FLORIDA ;
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16 i Woodrow L
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20! , Commissioner -
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24 C mmissioner - Marlene Ross
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27 : ATTEST:
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30! l c:' '~;.- "-
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3111.-c' /,,:(
3~. et M. Prainito, I
3 ;1 City Clerk i
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