Ordinance No. 95-11-104 ORDINANCE NO. 95 -11 -104
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS,
AND CHAPTER 13, OFFENSES, TO DELETE ANY REGULATION OF
FIREARMS AND AMMUNITION, TO CLARIFY THE DEFINITION OF
REPLICA FIREARMS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has declared that, pursuant to the amended Fla. Stat.
790.33, effective October 1, 2011, it is occupying the whole field of regulation of firearms and
ammunition to the exclusion of all existing and future county, city, town or municipal ordinances
relating thereto, and has declared any such existing ordinances null and void, and
WHEREAS, the Code of Ordinances of the City of Atlantic Beach contains certain
provisions in Chapters 4 and 13 which regulate firearms which must therefore be amended
and/or clarified in order to comply with Fla. Stat. 790.33, as amended, and
WHEREAS, the Legislature has imposed prohibitions and penalties which may apply if
the City does not comply with the provisions of Fla. Stat. 790.33, and
WHEREAS, the City will continue, however, to enforce all Florida state statutes which
regulate firearms and ammunition.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec. 4 -4 of the Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended to read as follows:
"Sec. 4 -4. City designated bird sanctuary, trapping, hunting, molesting, etc.,
of birds prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird
sanctuary.
(b) It shall be unlawful to trap, hunt, or molest in any manner any bird or wild
fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar
birds are found to be congregating in such numbers in a particular locality that
they constitute a nuisance or a menace to health or property, in the opinion of the
proper health authorities of the city, then the health authorities shall meet with
representatives of the Audubon Society, bird club, garden club or humane society,
or as many of the clubs as are found to exist in the city, after having given at least
three (3) days' actual notice of the time and place of the meeting to the
representatives of the clubs.
(c) If as a result of the meeting no satisfactory alternative is found to abate the
nuisance, then the birds may be destroyed in such number and in such manner as
is deemed advisable by the health authorities under the supervision of the chief of
police of the city."
SECTION 2: Secs. 13 -3 and 13 -8 of the Code of Ordinances of the City of Atlantic
Beach, Florida, are hereby amended to read as follows:
"Sec. 13 -3. Discharging air guns, etc., prohibited.
(a) It shall be unlawful to discharge any loaded air gun, air rifle, air pistol or
similar device within the city.
(b) This section does not apply to a person lawfully defending life or property
or performing official duties.
Sec. 13 -8. Replica firearms — Definition.
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, but cannot,
are not designed to, and cannot readily be converted to expel a projectile by the
action of an explosive."
SECTION 3. This Ordinance shall take effect on October 1, 2011.
PASSED by the City Commission on first reading this 0- 4-11 day of Seetephei', 2011.
PASSED by the City Commission on second and final reading this •--w day of
Se pt&n er , 2011.
ATTEST:
4 a-nryt.a. of A i L
DONNA L. BARTLE LOUIS BORNO, JR.
City Clerk Mayor, Presiding Officer
Appro • as to form and correctness:
7' 7 � JENSEN, ESQUIRE
Ci orney
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