Agenda 05/10/2011 Item #17B
5/10/2011 Item 17.8.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 76-48, as amended,
which regulates the use of County parks, by eliminating the prohibition against the
possession, transport, or discharge of a firearm as such regulatory authority has been
preempted by Section 790.33(1), Florida Statutes.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval to amend
Ordinance No. 76-48, as amended, in order to remove a provision prohibiting the possession,
transport, or discharge of a firearm within County park boundaries since the County's ability to
regulate firearms and ammunition has been preempted by Section 790.33( I), Florida Statutes.
CONSIDERATIONS: the Board adopted Ordinance No. 76-48 to regulate the use of County
Parks, set the hours of operations, and also prohibit certain acts within park boundaries. A
subsequent amendment to Ordinance No. 76-48 incorporated the following prohibition that no
person within County park boundaries shall:
"Possess, earry and/or transport on or about their person or discharge any
fireanns, as defined in Chapter 790.001(6), Florida Statutes, exeluding duly
authorized law enforcement officers in the lawful performanee of their duties."
Subsequently, the Florida Legislature enaeted Section 790.33, Florida Statutes, whieh
provides in pertinent part:
(1) PREEMPTlON.-Except as expressly provided by general law, the
Legislature hereby declares that it is occupying the whole field of regulation of
fireanns and ammunition, ineluding the purehase, sale, transfer, taxation,
manufacture, ownership, possession, and transportation thereof, to the exclusion
of all existing and future county, eity, town, or municipal ordinanees or
regulations relating thereto. Any such existing ordinances are hereby declared null
and void. . . .
During the April ] 2, 2011 regular meeting (General Communieations) Com1l1issioner
Henning noted to the Board that sinee Section 790.33(1) preempts all existing and future county,
city, town or municipal ordinanees or regulations relating to tireanns and a1l1munition, the
County's prohibition is unenforeeab1e. Aeeordingly, the Board direeted the County Attorney to
draft an ordinanee eliminating this provision. The proposed ordinanee simply strikes the above
County prohibition.
As set forth in the attached, Collier County's Park signs picture a "no gun" symbol on
them, and refer to both the County Ordinance and the Florida firearms statute. Should the Board
aecept this ehange to the ordinanee, an argument could be made that this signage may cause
eonfusion. I am advised by staff that there are approximately 80 of these signs in the system, and
staffwill cover or remove the gun symbol on each sign with an estimated total cost of$1 ,000.
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At its April 26th meeting, the Board authorized the County Attorney to advertise the
proposed Ordinanee for future consideration.
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5/10/2011 Item 17.8.
FISCAL IMP ACT: The eost of advertising the amending ordinance is estimated at $400. Cost
assoeiated with sign alterations are $] ,000 out of the Parks and Reereation Department.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires
1l1ajority support. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts the proposed
Ordinance amending Ordinanee No. 76-48, as amended, which regulates the use of County
parks, by eliminating the prohibition against the possession, transport, or diseharge of a fjreann
as sueh regulatory authority has been preempted by Seetion 790.33(1), Florida Statutes.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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5/10/2011 Item 17.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: "17.B.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 76-48,
as amended, which regulates the use of County parks, by eliminating the prohibition against the
possession, transport, or discharge of a firearm as such regulatory authority has been
preempted by Section 790.33(1), Florida Statutes.
Meeting Date: 5/10/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
4/26/2011 4: I I :09 PM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/27/20 I 1 9:48:56 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/4/2011 1: 11 :59 PM
Name: OchsLeo
Title: County Manager
Date: 5/4/2011 3:02:27 PM
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5/10/2011 Item 17.8.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 76-48, AS AMENDED, WHICH
REGULATES THE USE OF COUNTY PARKS, PRESCRIBES
HOURS OF OPENING AND CLOSING, AND PROHIBITS CERTAIN
ACTS THEREIN, BY ELIMINATING THE PROHIBITION
AGAINST THE POSSESSION, TRANSPORT, OR DISCHARGE OF
A FIREARM AS SUCH REGULATION HAS BEEN PREEMPTED
BY FLORIDA STATUTES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 26, 1976, the Board of County Commissioners (Board)
adopted Ordinanee No. 76-48 to regulate the use of County Paries so as to protect the health,
welfare and safety of persons using the parks, and the general welfare of residents of
surrounding areas of the County; and
WHEREAS, the Board later amended Ordinance No. 76-48 through adoption of
Ordinance No. 81-03, whieh added a prohibition on the possession, carrying, transporting, or
diseharging of a firearm within County park boundaries with the exception of a duly authorized
law enforcement offieers in the lawful performance oftheir duties; and
WHEREAS, the subsequent adoption of Section 790.33(1), Florida Statutes, by the
Florida Legislature preempted all existing and futme county, city, town or munieipal
ordinances or regulations relating to fll'earms and ammunition, thus rendering the above
prohibition of Ordinance No. 76-48, as amended, unenforceable; and
WHEREAS, the Board desires to remove this unenforceable provision of Ordinanee
No. 76-48, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE (1) ORDINANCE NO. 76-48,
AS AMENDED.
Section Three (1) is hereby amcndcd as follows:
Words Underlined are :uldf'.n' Wnrrl~ >:t1'"tll"'~ Throu';R are deleted.
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5/10/2011 Item 17.8.
SECTION THREE: Prohibited Aets.
(1) No person shall within County park boundaries:
A. Disobey the lawful and reasonable order of a poliee offieer or county park
employee in the discharge of his duties or disobey or disregard the notices, prohibitions,
instructions or directions on any park sign, including rules and regulation posted on the
ground or buildings in said parks.
******
S. Possess, eerry and/or tranaport OR or about tHeir perseR or diseHarge any
firearms, as defillea iR CHapter 790.001(6), Florida Statutes, e)wluding duly aHthorized
law enforeemeRt offieers in the lawful performance of tHeir duties.
+S,. Possess, carry and/or transport on or about their person any glass eontainer in
any beach aeeess area.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinanee of Collier County or other
applicable law, the more restrietive shall apply. If any phrase or portion of the Ordinanee is
held invalid or uneonstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinet and independent provision and sueh holding shall not affect the
validity of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. Thc sections of the Ordinances may be
renumbered or rclettered to aceornplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOTJR: EFFECTIVE DATE.
This Ordinance shall be effeetive upon filing with the Department of State.
Words Underlined are ~r1rlf'r1' W(W(f<;: C*r rL- T1rSblt;R are deleted.
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5/10/2011 Item 17.8.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Words Underlined are llnrl....rl. Wnrri~ 0"_..nl~ Throu;;h are deleted.
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5/10/2011 Item 17.8.
5/10/2011 Item 17.8.
180 -Friday, April 29, 2011 - Naples DaDy News
NOTICE OF INTENT TO CONSIOER ORDINANCES
Notice is hereby given that on Tuesday, May 10, 2011. 'in the Boardroom, 3rd Floor.
Administration Building, Collier County Government Center,3299EitSt Tamiami
Trail, Naples, Florida. the Board of County Commissioners will constderthe ~nal:t~
ment of several County Ordinances. Tne meeting will commence at 9:00 A.M. The
titles of the proposed Qrd4n'ances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
TY, FLORIDA; AMENDING ORDINANCE NO, 2003-53. AS AMENDED. KNOWN AS THE
COLLIER COUNTY ETHICS ORDINANCE. BY ADDING SUBSECTION FIV,E (2)(1) TO Al.
LOW COMMISSIONERS ATTENDING AN EVENT SERVING A VAUO, PUBLIC PURPOSE.
AND WHICH RATE FOR THE EVENT 'INCLUDES A CHARITABLE:CONTRIBUTION. TO
SEEK rHE RATE REPRESENTING THE ACTUAL COST OF ,THE EVEiIIT,(SUCH AS FOOD.
BEVERAGE. AND ENTERTAINMEND WHICH IS lESS THAN THAT OFFEREO THE GEN-
ERAL PUBLIC; PROVIDING FOR ,CONFLICT AND SEVERABILITY; PROVIDING FOR, IN-
CLUSION IN THE COD,EOF,LAWS AND ORDINANCES; AND'PRO)i1DING FORANIEF,
FE,cnV~,.~ATE> ~ ,w ,"~l . " .: ,,"_ ":.;I'!-','::i:,~~,'''~)~:'~_~';?''''):'
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF'COllIERCOUN-
TY. FLORIDA. AMENOING SECTION ONE OF ORDINANCE NO. 7S.1~. AS AMENDED,
"MEETINGS OF THE BOARD OF COUNlY' COMMISSIONERS,"',BY ,ADDINGcPROVI~
SIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON,THE 'OFFICIAL'
AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLU' ,
SION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR, AN 'EFFEC'
TIVE DATE. '
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COlLIER COUN-
TY, FLORIDA, AMENDING ORDINANCE NO. 1648. AS ,AMENDED, 'WHICH REGU~
LATES THE USE OF COUNTY PARKS. PRESCRIBES HOURS OF OPENING AND CLOSING
AND PROHIBITS CERTAIN Am THEREIN. BY EUMINATINGTHE'PROHIBITlON
AGAINST THE POSSESSION, TRANSPORT. OR DISCHARGE OF A FIREARM AS SUCH,
REGULATION HAS BEEN PREEMPTED BY FLORIDA STATUTES; PROVlDING:'FORCON.
FlICT AND SEVERABIUTY; PROVIDING FOR INCLUSION IN THE 'CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. '
Copies' of 'these proposed Ordinances are on .file with the Clerk to'~:;~o'ard ~ricl.
are available for inspection. All interested parties are .invlted to atterfd ,amI" be
heard. .. . ,
NOTE: All persons wishing to speak on any agenda item must, register with the
County administrator prior, to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an in.-
diyjdual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization ,may be allotted
10 minutes to speak. on an Item. (,
Persons wishing to have written or graphic materials: i'nduded in, the Board agenda
packets must submit sal9' material a minimum of 3Iweeks";pri,or,to'_the respective
public,' hearing. In any case, written materIals intended to' be considered,: ,by- the
Board shall be submitted to the appropriate County staffa,minlmumof.sevenqays
prior .to the public hearing. All material used in presentations_:before ,the Board
will become a permanent part ofth: record. ' ":', ';' , ::1>' :.::; ")_'":'-'-""_
Any':pers'on w~o decides tci,"appellt'a',d~cision'::bf the BoaFd ,will n~d'~ ,t~o~d:':crl: ,th~:,:':
proceedings pertaining thereto and therefore. .may need to ensure 'that a'verbatim'
record D_f the proceedings is made,which record intl~des'tbe testim"lly'and.evi.j::
dence upon which the appeal is based. " :- ,', ':
If you are a person with a disability who needs any accommodation in_order to par.
ticlpate ,in this proceeding, you are entitled, at no cost to you, to-,the provision oC
certain assistance. Please cant_act the Collier. County FaciUties, Management, Depart.
m€nt, located at 3335 Tamlami Trail East Suite #101, BulldingW,- Naples, Florida
34112, (239) 252-8380. Assisted listenfng devices fen the' hearing impaired are, avail-
able In the County Commissioners' OHice. .. - ' ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT LBROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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Amil29 2011
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