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ORDINANCE NO. 05-041
AN ORDINANCE OF THE COUNTY OF ST.
LUCIE COUNTY, FLORIDA, DELETING
SECTIONS 1-7.8-16 AND 1-7.8-17 OF THE ST.
LUCIE COUNTY CODE AND COMPILED LAWS
WHICH PROHIBITED THE USE OF FIREARMS
IN CERTAIN AREAS AND PROVIDED FOR
PENAL TIES; PROVIDING FOR FILING;
PROVIDING FOR EFFECTIVE DATE;
PROVIDING FOR ADOPTION; AND PROVIDING
FOR CODIFICATION.
WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS:
(a) On July 12,2005, the Florida Attorney General issued an advisory legal opinion,
number 2005-40, which advised that a county ordinance prohibiting the discharge of a fireann
would be preempted by section 790.33, Florida Statutes. The Attorney General further advised
that any ordinance attempting to regulate fireanns is null and void when enacted by jurisdictions
other than the state or federal governments.
(b) Section 1-7.8-16 prohibits the use offireanns in certain areas and Section 1-7.8-17
provides for penalties for violations of Section 1-7.8-16.
(c) Sections 1-7.8-16 and 1-7.8-17 are preempted by section 790.33, Florida Statutes, and
are therefore null and void.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
CHAPTER 1-7.8, FIREARMS, OF THE CODE OF ORDINANCES AND
COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY
DELETING SECTIONS 1-7.8-16 AND 1-7.8-17 AS FOLLOWS:
Sec. 1-7.8-1G. USG offilGallllS pwhibitGd in Gertain alGas.
PART A.
1. (a) It is unlawful reI any pGISOll to disehalge any filCaIn1 in thG county within thG alGa east of
thc following dGSGlibcd botmdary.
The intG1scction ofEmGrson Avenue and thG hldian RivCI COUlíty line, then SOUtII on Emerson
Avenue to Ind1io Road, then east on Ind1io Road to Killgs Ilighw<ry, then south on Kings
IIighw<'t)' to tIle flolida Tumpike, thcn south along the flOJida TUlnpikc to the Mal1in Count}
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(b) It is unlawful WI any pelson to disehalge any filearm within tIu" htmdled (300) yalds of the
centel line of any public load 01 light-oE-way OJ of any dwelling OJ ocwpicd building without
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pIÏOl pe,tmission ofthc occupant 01 o~ncI ofthc d~clling 01 building.
(c) This section shall not apply to a pClson lawfully defending his lik 01 pIOperry, performing
official duties lcqtIiIing the disehalgc offilearn1s 01 disehatging a filealm ~ithin a fully
ehdosed, indoOl fiIing lange.
Sec. 1-7.8-17. Samc--renalties.
Violation of section 1-7.8-1G is a misdemeanol pmsuant to section 125.69, PIOlida Statutes, and
is punishable undel such section by iInpIisonment fol up to sixty (GO) day s, 01 a fine of up to fi v e
hundled dollals ($500.00), 01 both StIch impIÍsonmcnt and fine.
PART B. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the
Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
PART C. EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of official acknowledgment from the Office
of the Secretary of State that this ordinance has been filed in that office.
PART D.
ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Doug Coward
Vice Chairman Chris Craft
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Frannie Hutchinson
AYE
ABSENT
AYE
AYE
AYE
PART E. CODIFICATION.
Provisions of this ordinance shall be incorporated in the County Code and the word
"ordinance" may be changed to "section," "article" or other appropriate word and the sections of
this ordinance may be renumbered or relettered to accomplish such intention; provided, however,
that parts B to E shall not be codified.
.
PASSED AND DULY ADOPTED this IJ day of Þa.cunMJ, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIO~tím.S"
,
. ,
ST. LUCIE COU TY, FLORIºA '
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BY:
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APPROVED AS TO FORM"Æ'
CORRECTNESS
BY: ~~
þ..% County Attorney
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