Ordinance No. 57-89-13 v ORDINANCE NO. 57-89-13
ORDINANCE AMENDING THE ORDINANCE CODE OF THE
CITY OF ATLANTIC BEACH, FLORIDA; AMENDING
CHAPTER 13 TO ADD NEW SECTIONS 13-8 & 13-9
TO REGULATE THE POSSESSION AND USE OF REPLICA
FIRE ARMS; PROVIDING AN EFFECTIVE DATE
WHEREAS, the possession and use of replica fire arms has
proliferated in recent years in this community; and
WHEREAS, needless loss of life, including the lives of children, has
occurred across the United States due to toy guns being mistaken for real
guns; and,
WHEREAS, such replica fire arms cannot be distinguished from actual
fire arms; and,
WHEREAS, when such replica fire arms are perceived as actual fire
arms, fear and dangerous defensive actions result;
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 13 is hereby amended to add Subsection 13-8 and
13-9 which shall read as follows:
CHAPTER 13
OFFENSES
13-8 DEFINITIONS: Replica firearms shall mean any device or object
made of plastic, wood, metal, or any other material which is a replica,
facsimile, or toy version of, or is otherwise recognizable as a pistol,
revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket
launcher, or any other firearm and shall include toy guns, movie props,
hobby models, starter pistols, air guns, pellet guns, BB guns, or any
other device which might reasonably be perceived to be a real firearm.
Section 13-9. REPLICA FIRE ARMS - POSSESSION AND USE REGULATED
(a) It shall be unlawful for any person to carry, display, or
brandish any replica or facsimile of a fire arm in a manner or at a
location which would injure, annoy or create fear in the general public
or in any individual.
(b) It shall be unlawful for any person to carry, display, or
brandish any replica or facsimile of a fire arm in the presence of a law
enforcement officer.
Section 2. This ordinance shall take effect upon its adoption.
Passed by the City Commission on First Reading January 23, 1989 .
Passed by the City Commission on Second Reading February 13. 1989 •
i4,A A
Tit""a I. Gulli 'ord, 770
esiding Officer
Approved as to Form and Correctness:
/ /
laude L. Mullis, City Att.ney
(SEAL)
ATTEST:
Mau en King, City Clerk