title
PREEMPTION BY THE STATE OF LOCAL LAWS REGULATING FIREARMS (B)
Ordinance No. 110199
An Ordinance of the City of Gainesville, Florida, relating to the regulation of firearms due to preemption by the State of Florida; amending section 7-20 of the Code of Ordinances relating to the discharge of firearms in a cemetery; amending section 15-2 of the Code of Ordinances relating to the definition of impulsive sound as it relates to firearms; amending section 17-5 of the Code of Ordinances relating to the carrying of firearms in city government buildings; repealing and deleting in its entirety section 17-6 of the Code of Ordinances relating to the shooting of firearms within the city limits; amending section 18-20 of the Code of Ordinances relating to carrying firearms in city parks; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
The City Commission at its meeting on August 18, 2011, authorized the City Attorney to draft and the Clerk of the Commission to advertise an ordinance bringing the Code of Ordinances into compliance with newly adopted state law.
A review of existing ordinances in Gainesville reveal five provisions of the Gainesville code which would appear to be rendered, in whole or in part, "null and void" and unenforceable under this legislation. These include the prohibitions on possession of firearms in government buildings or parks, on discharge of a firearm within city limits, on discharge of firearms in a cemetery, and aspects of the definition of an "impulsive sound" under our noise ordinance. These code provisions need to be amended to conform to the new state legislation.