Ordinance No. 57-91-17 v ORDINANCE NO. : 57-91-17
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, AMENDING CHAPTER 15, POLICE, ARTICLE
II, DISPOSITION OF CONFISCATED OR LOST PROPERTY, BY
ADDING SECTION 15-22, DISPOSAL OF CONFISCATED OR LOST
FIREARMS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Atlantic Beach Police Department has accumulated
a variety of firearms which have been confiscated as a result of
criminal activity or abandonment in the City of Atlantic Beach, and
the Atlantic Beach Police Department anticipates the accumulation
of such firearms in the future, and
WHEREAS, the Atlantic Beach Police Department is in need of
trading the confiscated or lost firearms to licensed firearms
dealers in exchange for needed equipment and supplies, thereby
providing a method to dispose of said firearms and reduce the
expense of equipment and supplies to the City, and
WHEREAS, the requirements of Florida Statutes Section 790. 08
do not apply to the City of Atlantic Beach in that it is a
municipality in Duval County, having home rule under the State
Constitution.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
SECTION 1. Section 15-21 of Chapter 15, Police, Article II,
Disposition of Confiscated or Lost Property, is hereby added to
read as follows:
Sec. 15-22 . Disposal of Confiscated or Lost Firearms.
(1) For purposes of this section, the term "firearm"
means any weapon (including a starter gun) which will, is
designated to, or may readily be converted to expel a projectile by
the action of an explosive; the frame or receiver of any such
weapon; any firearm muffler or firearm silencer; any destructive
device; or any machine gun. The term "firearm" shall not include
an antique firearm unless the antique firearm is used in the
commission of a riot; the enticing or encouraging of a riot; or the
commission of a murder, an armed robbery, an aggravated assault, an
aggravated battery, a burglary, an aircraft piracy, a kidnapping,
sexual battery or other felony, misdemeanor or illegal shooting.
(2) In any case involving violation of law or ordinance,
the firearm shall be held until such time as the offense is
disposed of or as otherwise provided by law.
(3) If the person arrested for an offense involving a
firearm is convicted of the offense, such firearm shall be
forfeited to the City without any order of forfeiture being
necessary unless the Court having jurisdiction over the offense
orders a contrary disposition.
(4) If the person arrested as aforesaid be acquitted of
the offense involving the firearm, sid firearm shall be released to
the owner upon presentation of proper proof of ownership— however, .
if the owner fails to call for or receive the same within six (6)
months from and after the acquittal or dismissal of the charges,
said firearm shall become forfeited to the City.
(5) Any firearm found, abandoned, lost or otherwise
discarded within the City and coming into the hands of the City of
Atlantic Beach Police Department shall be retained for a period of
sixty (60) days. If said firearm has not been identified as to
ownership and/or reclaimed by the owner upon proper proof of
ownership, said firearm shall become forfeited to the City and no
action or proceeding for their recovery shall thereafter be
pursued.
(6) Any firearms coming into the possession of the
police department, pursuant to the above Sections, shall be
documented by serial number when known or by general description
when unknown and kept and held in the evidence/property section
until such time as released or disposed of.
(7) All firearms forfeited to the City, pursuant to the
foregoing Sections, shall be disposed of as follows:
(a) All firearms having been forfeited which are not
needed or are useless or unfit for use shall be destroyed.
(b) Any firearms which are needed and deemed useable for
law enforcement use will be retained and added to the police
department inventory upon approval of the chief of police.
(c) Rifles, shotguns, and handguns, except short
barreled shotguns and short barreled rifles as defined in Chapter
790, Florida Statutes; and curio and relic firearms as defined by
Part 178, 27 CFR, may be sold or traded to licensed firearm dealers
upon approval of the chief of police.
SECTION 2 . This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this 12th day
of August, 1991.
PASSED by the City Commission on seco - . • 'nal reading this
26th day of September, 1991.
ATTEST:
AL.— A 1 /
MAUREEN KING p WILLIAM I. GUL FO'D,
City Clerk Mayor, Presiding Oific-
Approved as to form and correctness:
t.
A 'N C. JENSIOT,
ESQUIRE
4ty Attori9