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Ord 33-11ORDINANCE NO. 33-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS ", SECTION 91.03, "TRAPPING, HUNTING BIRDS "; CHAPTER 95, "EMERGENCY MANAGEMENT ", SECTION 95.05, "DECLARATION OF A STATE OF EMERGENCY", AND SECTION 95.09, "POLICE EMERGENCIES "; CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES ", SECTION 96.25, "DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES AND SPECIAL EFFECTS "; CHAPTER 101, "PARKS, BEACHES AND RECREATION ", SECTION 101.20, "FIREARMS AND WEAPONS; FIREWORKS ", SECTION 101.36, "ADDITIONAL RULES APPLYING TO PARKS, RECREATIONAL FACILITIES AND THE MUNICIPAL BEACH ", SUBSECTION 101.36(D), "SAFETY HAZARDS ", AND SUBSECTION 101.36(E), "NUISANCES AT PARKS, RECREATIONAL FACILITIES AND MUNICIPAL BEACH SITES "; AND CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", BY REPEALING SECTION 132.02, "DISTURBING THE PEACE; PUBLIC PLACES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO CONFORM WITH REGULATIONS SET FORTH IN HOUSE BILL 45 AMENDING SECTION 790.33, FLORIDA STATUTES AND TO OTHERWISE COMPLY WITH STATE AND FEDERAL STATUTES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 790, Florida Statutes, regulates the use and possession of firearms throughout the State of Florida; and WHEREAS, Section 790.33, Florida Statutes, currently preempts local governments from regulating firearms and ammunition unless expressly authorized to do so by general law; and WHEREAS, House Bill 45, entitled "Regulation of Firearms and Ammunition ", expands the Legislature's preemption in the field of regulation of the firearms and ammunition and exacts severe penalties against local governments and officials for non - compliance; and WHEREAS, House Bill 45, approved by the Governor on June 2, 2011, becomes effective October 1, 2011; and WHEREAS, the City Commission of the City of Delray Beach is compelled to amend certain sections of the Code of Ordinances to comply with the new statutory regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 91, "Animals ", Section 91.03, "Trapping, Hunting Birds ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 91.03. TRAPPING, HUNTING BIRDS. (A) It shall be unlawful for any person to trap, hunt, shoot, or attempt to trap, hunt, shoot or molest any bird or wild fowl in any manner or to rob bird nests or wild fowl nests. however, this shall not applvT any item that meets the definition of firearm as set forth in Florida Statutes §790.061 and ammunition. (B) However, if starlings or similar birds are found to be congregated in numbers in any particular locality within the City to the extent that complaint is made to the City Manager that the birds constitute a nuisance or menace to health or property, then in this case a meeting shall be called by the City Manager of representatives of the Audubon Society, Bird Club, Garden Club, 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. Thereupon, if as a result of this meeting, no acceptable alternative is found to abate the nuisance, then those birds may be destroyed in numbers and in a manner as is deemed advisable by the City Manager under the supervision of the Chief of Police of the City or another officer as may be designated by the Chief of Police. Section 2. That Chapter 95, "Emergency Management ", Section 95.05, "Declaration of a State of Emergency", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 95.05 DECLARATION OF A STATE OF EMERGENCY. (A) The Mayor, Vice Mayor, City Manager, or the Acting City Manager, in the order named, based on availability, shall have the authority to declare a state of emergency. (B) Any declaration of a state of emergency and all emergency regulations activated or rescinded under the provisions of this Chapter shall be confirmed by the City Commission no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the City Commission extremely impractical. (C) Emergency resolutions authorized by this Chapter shall include, but are not limited to, the following subjects: Resolution Subject A Evacuation B Curfews; declaration of areas off limits ORD. NO. 33 -11 C Suspension or regulation of the sale of, or offer to sell, with or without consideration, alcoholic beverages, firearms, explosives and flammables or combustibles (excluding any item that meets the definition of firearm as set forth in Florida Statutes X5790.001 and ammunition). D Prohibiting the sale of merchandise, goods or services at more than the average retail price E Water use restrictions F Suspension of local building regulations G Regulating the use of and rationing of fuel, ice and other essentials H Emergency procurement procedures (D) Upon declaration of a state of local emergency and during the existence of a declared state of local emergency, the Mayor or designated city official, in addition to any other powers conferred upon the Mayor or designated city official by F.S. Chapter 252, F.S. Chapter 870, or other law, has the power and authority among other non enumerated powers to: (1) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the City if the Mayor or designated city official deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery. (2) Waive the procedures and formalities otherwise required of the city by law or ordinance pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (� Rental of equipment; (gj Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; (h) Appropriation and expenditure of public funds. (3) Prohibit or regulate travel upon any public street, highway or upon any other public property. Persons in search of medical assistance, food or other commodity or service 3 ORD. NO. 33 -11 necessary to sustain the well being of themselves or their families or some member thereof may be excepted from such prohibition or regulation; (4) Impose a curfew upon all or any portion of the city thereby prohibiting persons from being on public streets, highways, parks or other public places during the hours which the curfew is in effect; (5) Prohibit any person, firm, or corporation from using the fresh water supplied by the city for any purpose other than cooking, drinking or bathing; (6) Prohibit the sale or distribution of any alcoholic beverages, , explosives, and flammables or combustibles excluding any item that meets the definition of firearm as set forth in Florida Statutes §790.001 and ammunition) during a state of emergency with or without the payment or a consideration therefore; (7) Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of place of business, places of entertainment and any other place of public assembly; (8) Regulate the use of and ration fuel, ice and other essentials; (9) Prohibit or regulate any demonstration, parade, march, vigil or participation therein from taking place on any of the public rights -of -way or upon any public property; (10) Suspend local building regulations as necessary during the existence of a public emergency; (11) Prohibit the sale of merchandise, goods or services at more than the average retail price; (12) The restrictions referenced in sections (3) through (11) above may exempt, from all or part of such restrictions, physicians, nurses and ambulance operators performing medical services, on -duty employees of hospitals and, other medical facilities, on -duty military personnel, bona fide members of the news media, personnel of public utilities maintaining essential public services, City authorized or requested firefighter, paramedic, law enforcement officers and emergency management personnel and such other classes of persons as may be essential to the preservation of public order and immediately necessary to preserve safety, health and welfare needs of the people within the City. (E) A declaration of a state of emergency shall activate the emergency plans applicable to the City. A declaration of a state of emergency shall automatically invoke the emergency measures listed in F.S. Section 870.044, if the emergency relates to overt acts of violence or the imminent threat of such violence. (F) A state of emergency, when declared as provided herein, shall continue in effect from day to day until declared to be terminated. Provided, however, that a state of emergency declared pur- 4 ORD. NO. 33 -11 suant to F.S. Section 870.041 et seq. shall commence upon the declaration thereof and shall terminate at the end of a period of seventy-two (72) consecutive hours thereafter, unless, prior to the end of such seventy- two -hour period, the public official or city official declaring the emergency shall have terminated such State of emergency. An extension of the 72 -hour time limit must be accomplished by a declaration of extension of the state of emergency by the Mayor or designated City official. Section 3. That Chapter 95, "Emergency Management ", Section 95.09, "Police Emergencies ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 95.09 POLICE EMERGENCIES (A) A public emergency may be declared because of civil unrest or imminent threat to public peace or order when the Chief of Police, or if unavailable, the next highest ranking officer in the Police Department chain of command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an emergency condition arising from hostile actions of others, armed or unarmed or other imminent threat to public peace or order, requires extraordinary measures for control, including, but not limited to curfew; blockade; proscription of the sale ofd aed other weapons, alcoholic beverages; explosives and combustibles (excluding any item that meets the definition of firearm as set forth in Florida Statutes 5790.001 and ammunition; evacuation; and other like actions. The City Manager, or if unavailable, the Acting City Manager, shall report said certification to the officials in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d]. (B) Declaration of a public emergency because of civil unrest or imminent threat to public peace or order shall authorize the Mayor, Vice - Mayor, City Manager or Assistant City Manager or other designated official to exercise the powers provided in Section 95.05 or require automatic emergency measures pursuant to F.S. Section 870.44 et seq. In addition, additional discretionary emergency measures pursuant to F.S. Section 870.045 may be issued. Section 4. That Chapter 96, "Fire Safety and Emergency Services ", Section 96.25, "Discharge or Use of Fireworks, Pyrotechnic Devices and Special Effects ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 96.25 DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES AND SPECIAL EFFECTS. The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles or other fireworks or substances designed and intended for pyrotechnic display, and of pistels, canes, eattnetts or other appliances using blank cartridges or caps containing chlorate or potash mixture, is prohibited. The use of pyrotechnic special effects, flame effects and /or similar devices inside buildings, tents, structures and /or other enclosed spaces is prohibited. Flame effects include, but are not limited to, batons, and /or torches fueled by liquid, solid or gaseous fuels; flame projectors which produce heat ORD. NO. 33-11 effects and /or flames; flash powders composed of fuel(s) and oxidizer(s); flares and similar devices. Pyrotechnic special effects include, but are not limited to, chemical mixtures used in the entertainment industry to produce visible, audible or thermal effects by combustion, deflagration or detonation. This language shall not be deemed to regulate any item that meets the definition of firearm as set forth in Florida Statutes §790.001 and ammunition. However, this Section shall not prohibit public outdoor fireworks /pyrotechnic displays where the permission of the City Manager has been obtained, and for which a permit has been obtained from the Fire- Rescue Department, all financial bond requirements established by the City have been satisfied, and other prescribed safety requirements have been met. Section 5. That Chapter 101, "Parks, Beaches and Recreation ", Section 101.20, "Firearms and Weapons; Fireworks ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 101.20 WEAPONS; FIREWORKS. No person, except authorized employees or agents of the City, shall possess a (rear" deadly weapon, dangerous ordnance,fle, sling shot, missile throwing device -or any type of fireworks within any park, recreation or municipal beach site or discharge any rearm; deadly weapon, dangerous ordnance, air rifle, sling shot, missile throwing device or any type of fireworks therein; however, this shall not apply to any item that meets the definition of firearm as set forth in Florida Statutes §790.001 and ammunition. Section 6. That Chapter 101, "Parks, Beaches and Recreation ", Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach ", Subsection (D), "Safety Hazards ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: (D) S.fety Hazards. Permit Required. Use of any equipment which does or may pose a safety hazard must receive a permit from the Parks and Recreation Department prior to such use. This permit must be displayed upon request by City personnel. This would include, but not be limited to, items such as radio controlled airplanes, boats, model rockets, carnival equipment, bounce houses and rock walls. 2. Fireworks, F4reams, Weapons, Fires. No person shall discharge any fireworks in any City Park unless done as part of a special event authorized by the City. Fireworks shall mean any combustible or explosive composition or substance or combination of substance or any article prepared for the purpose of producing a visible or audible effect by combustion, exposition, deflagration or detonation, including sparklers; however, this shall not apply to any item that meets the definition of firearm as set forth in Florida Statutes §790.001 and ammunition. No person shall start a fire in violation of Section 101.19 of the Code of Ordinances. No person shall violate Section 101.20 of the Code of Ordinances governing firearms, weapons and fireworks. ORD. NO. 33 -11 Section 7. That Chapter 101, "Parks, Beaches and Recreation ", Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach ", Subsection (E), "Nuisances at Parks, Recreational Facilities and Municipal Beach Sites ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: (E) Nuisances at Parks, Recreational Facilities and Municipal Beach bites. Pets. No person shall bring into, permit, have, or keep in any park, recreational facility, municipal beach east of the dune line or City facility any dog, cat, pet of any kind or other animal unless the park is specifically dedicated for that purpose by the City except that Guide Dogs used by people with seeing, hearing or other physical disabilities shall be permitted. No person shall hunt (not applicable to firearmsl or molest wildlife in violation of Section 101.18 of the Code of Ordinances. No person shall violate Section 101.27 of the Code of Ordinances pertaining to animal regulations. 2. Trash Disposal. Park patrons are responsible at all times for proper disposal of their trash. Any trash generated outside park and recreation facilities may not be disposed of inside the park, park facility or municipal beaches. No person shall deposit any litter, trash, waste or any other matter prohibited by Section 101.17 or Section 101.31 of the Code of Ordinances. 3. Soliciting and Vending. No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or merchandise within the limits or adjacent roadways of any park. Exception is made to regularly licensed concessionaires acting by and under the authority of the City of Delray Beach. Any publicity, posted signs or announcement placed in or on park property must have the prior approval of the Parks and Recreation Department. No person shall conduct commercial enterprises or sell or rent goods or devices in violation of Section 101.25 of the Code of Ordinances. 4. Interference with Authorized Activities. No person or group shall interfere with any recreational activities or event authorized by the City's Parks and Recreation Department. 5. Sound Equipment. A permit is required to bring into any park, beach, or recreational facility any public address system or amplified music system, except for small devices for personal use such as radios, I -pods, or the like. No person or group shall play or operate any sound amplification device including radios, television sets, phonographs, tape decks, public address systems, amplified musical instruments or any other loud noise generating device which annoys or disturbs other persons in any park or recreation facility or which violates Section 101.22(E) or Chapter 99 of the Code of Ordinances. 6. Sleeping. Sleeping in a horizontal position is specifically prohibited in the following. building, pavilion, rest room, trash receptacle, bench, picnic table, as well as recreational activity areas (such as athletic courts and fields, and playgrounds), pedestrian or vehicular ORD. NO. 33-11 traffic ways (such as roads, sidewalks, bike paths, and jogging paths), and landscaped areas (such as flower gardens, hedges, and planters). No person shall camp in a manner in violation of Section 101.21 of the Code of Ordinances. 7. Intoxicants. Consumption, possession or sale of alcoholic beverages is prohibited within City parks, Recreational Facilities or Municipal Beach except during and within the specified area of a Special Event authorized by the City or premises licensed for sale and consumption of alcoholic beverages. 8. Disorderly Intoxication. No person shall be intoxicated in a City park, recreational facility or upon a City beach and endanger the safety of another person or property, and no person shall be intoxicated or drink any alcoholic beverage in a City park, recreational facility or municipal beach. 9. Personal Property. Personal property shall not be stored in any park or recreational facility except in a facility or area specifically designated by the City for such storage. No person shall violate Section 101.33 of the Code of Ordinances pertaining to bringing onto the beach gym equipment or playing ball in unauthorized areas. 10. Disorderly Conduct. No person shall violate the provisions of sections 132.01, 132.02, or 101.22 of the Code of Ordinances which prohibits various types of disorderly conduct. Section 8. That Chapter 132, "Offenses Against Public Peace and Safety", Section 132.02, "Disturbing the Peace; Public Places ", of the Code of Ordinances of the City of Delray Beach, Florida, is repealed in its entirety. See. 1-32.02 DISTURBING � 444H PFAG . , PUBLIC P A C C 8 ORD. NO. 33 -11 MUM ft 0100 - �- - 8 ORD. NO. 33 -11 Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall become have the effective date of October 1, 2011. PASSED AND ADOPTED in regular session on second and final reading on this the day of '2011. ATTEST: City Clerk First Reading Second Reading 9 �i ORD. NO. 33 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 10j. -REGULAR COMMISSION MEETING OF SEPTEMBER 20.2011 ORDINANCE NO. 33-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment Amending Chapter 91, "Animals ", Section 91.03, "Trapping, Hunting Birds"; Chapter 95, "Emergency Management ", Section 95.05, "Declaration of a State Of Emergency ", and Section 95.09, "Police Emergencies "; Chapter 96, "Fire Safety and Emergency Services ", Section 96.25, "Discharge Or Use of Fireworks, Pyrotechnic Devices and Special Effects "; Chapter 101, "Parks, Beaches and Recreation ", Section 101.20, "Firearms and Weapons; Fireworks ", Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach ", Subsection 101.36(D), "Safety Hazards ", and Subsection 101.36(E), "Nuisances at Parks, Recreational Facilities and Municipal Beach Sites"; and Chapter 132, "Offenses Against Public Peace and Safety ", by repealing Section 132.02, "Disturbing the Peace; Public Places ", of the Code Of Ordinances, to conform with regulations set forth in House Bill 45 amending Section 790.33, Florida Statutes and to otherwise comply with State and Federal Statute. BACKGROUND At the first reading on September 6, 2011, the Commission passed Ordinance No. 33 -11. RECOMMENDATION Recommend approval of Ordinance No. 33 -11 on second and final reading. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 4886 &MeetingID =330 9/22/2011 ORDINANCE NO. 33-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS ", SECTION 91.03, "TRAPPING, HUNTING BIRDS "; CHAPTER 95, "EMERGENCY MANAGEMENT ", SECTION 95.05, "DECLARATION OF A STATE OF EMERGENCY ", AND SECTION 95.09, "POLICE EMERGENCIES "; CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES ", SECTION 96.25, "DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES AND SPECIAL EFFECTS "; CHAPTER 101, "PARKS, BEACHES AND RECREATION ", SECTION 101.20, "FIREARMS AND WEAPONS; FIREWORKS ", SECTION 101.36, "ADDITIONAL RULES APPLYING TO PARKS, RECREATIONAL FACILITIES AND THE MUNICIPAL BEACH", SUBSECTION 101.36(D), "SAFETY HAZARDS ", AND SUBSECTION 101.36(E), "NUISANCES AT PARKS, RECREATIONAL FACILITIES AND MUNICIPAL BEACH SITES "; AND CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY ", BY REPEALING SECTION 132.02, "DISTURBING THE PEACE; PUBLIC PLACES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO CONFORM WITH REGULATIONS SET FORTH IN HOUSE BILL 45 AMENDING SECTION 790.33, FLORIDA STATUTES AND TO OTHERWISE COMPLY WITH STATE AND FEDERAL STATUTES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 790, Florida Statutes, regulates the use and possession of firearms throughout the State of Florida, and WHEREAS, Section 790.33, Florida Statutes, currently preempts local governments from regulating firearms and ammunition unless expressly authorized to do so by geeneral law, and WHEREAS, House Bill 45, entitled "Regulation of Firearms and Ammunition ", expands the Legislature's preemption in the field of regulation of the firearms and ammunition and exacts severe penalties against local governments and officials for non- compliance; and WHEREAS, House Bill 45, approved by the Governor on June 2, 2011, becomes effective October 1, 2011; and WHEREAS, the City Commission of the City of Delray Beach is compelled to amend certain sections of the Code of Ordinances to comply with the new statutory regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 91, "Animals ", Section 91.03, '"Trapping, Hunting Birds ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 91.03. TRAPPING, HUNTING BIRDS. (A) It shall be unlawful for any person to trap, hunt, shoot, or attempt to trap, hunt, shoot or molest any bird or wild fowl in any marutier or to rob bird nests or wild fowl nests; however, this shall not apply to any item that meets the definition of fireann as set forth in Florida Statutes $790.Wl and ammunition (B) However, if starlings or similar birds are found to be congregated in nu rr&rs in any particular locality within the City to the extent that complaint is made to the City Manager that the birds constitute a nuisance or menace to health or property, then in this case a meeting shall be called by the City Manager of representatives of the Audubon Society, Bird Club, Garden Club, 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. Thereupon, if as a result of this meeting, no acceptable alternative is found to abate the nuisance, then those birds may be destroyed in numbers and in a mariner as is deemed advisable by the City Manager under the supervision of the Chief of Police of the City or another officer as may be designated by the Chief of Police. Section 2. That Chapter 95, "Emergency Management ", Section 95.05, "Declaration of a State of Emergency", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 95.05 DECLARATION OF A STATE OF EMERGENCY. (A) The Mayer, Vice Mayor, City Manager, or the Acting City Manager, in the order named, based on availability, shall have the authority to declare a state of emergency. (B) Any declaration of a state of emergency and all buy regulations activated or rescinded under the provisions of this Chapter shall be confirmed by the City Comrniwon no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the City Commission extremely impractical. (C) Emergency resolutions authorized by this Chapter shall include, but are not limited to, the followi% subjects: Reindien St4ed A Evacuation B Curfews, declaration of areas off limits 2 ORD. NO. 33-11 C Suspension or regulation of the sale of, or offer to sell, with or without consideration, alcoholic beverages, explosives and flarrunables or combustibles excluding any item that meets the definition of firearm as set forth in Florida Statutes £1790.001 and ammunition). D Prohibiting the sale of niTchandise, goods or services at more than the average retail price E Water use restrictions F Suspension of local building regulations G Regulating the use of and rationing of fuel, ice and other essentials J �: . • I - . • (D) Upon declaration of a state of local emergency and during the existence of a declared state of local eirergeruy, the Mayor or designated city official, in addition to any other powers conferred upon the Mayor or designated city official by F.S. Chapter 252, F.S. Chapter 870, or other law, has the power and authority among other non enumerated powers to: (1) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the City if the Mayor or designated city official deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery. (2) Waive the procedures and fonmhties otherwise required of the city by law or ordinance pertaining to: (a) Perfomwu -- of public work and talmig whatever prudent action is necessary bo ensure the health, safety, and welfare of the comrrnunity, (b) EnImigmb cm-ftaM • . •l .IU11 � •.. I Yi,1.•Y. . . _ • .:. a _ • I: .• .I • :6 . iza of • n:: vwxkm, Rental of :• n• _ AcqJsihm a • dstnbutv4 wffi or t • • •: ..I1.•; of -' i••I:. nytenals, .I • faci1ities (3) Prohibit or regulate travel upon any public street, highway or upon any other public property. Persons in search of medical assistance, food or other commodity or service 3 ORD. NO. 33-11 necessary to sustain the well being of themselves or their families or some member thereof may be excepted from such prohibition or regulation; (4) Impose a curfew upon all or any portion of the city thereby prohibiting persons from being on public streets, highways, parks or other public places during the hours which the curfew is in effect; (5) Prohibit any person, firm, or corporation from using the fresh water supplied by the city for any purpose other than cooling, drinking or bathing (6) Prohibit the sale or distribution of any alcoholic beverages, explosives, and flammables or combustibles (excluding any item that meets the definition of firearm as set forth in Florida Statutes $790.001 and ammunition) during a state of emergency with or without the payment or a consideration therefore, (7) Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of place of business, places of entertain i t and any other place of public assembly; (8) Regulate the use of and ration fuel, ice and other essentials; (9) Prohibit or regulate any dernonstration, parade, nw , vigil or participation therein from taking place on any of the public rights -of -way or upon any public property, (10) Suspend local building regulations as necessary during the existence of a public emergency, (11) Prohibit the sale of merchandise, goods or services at more than the average retail price; (12) The restrictions referenced in sections (3) through (11) above may exempt, from all or part of such restrictions, physicians, nurses and ambulance operators performing medical services, on -duty employees of hospitals and, other rnedical facilities, on-duty military personnel, bona fide members of the news media, personnel of public utilities maintaining essential public services, City authorized or requested firefighter, paramedic, law enforcement officers and emergency management personnel and such other classes of persons as may be essential to the preservation of public order andunmediately necessary to preserve safety, health and welfare needs of the people within the City. (E) A declaration of a state of emergency shall activate the emergency plans applicable to the City. A declaration of a state of emergency shall automatically invoke the emergency measures listed in F.S. Section 870.044, if the emrgency relates to overt acts of violence or the inuninnent threat of such violence. (F) A state of emergency, when declared as provided herein, shall continue in effect from day to day until declared to be terminated Provided, however, that a state of emergency declared pur- 4 ORD. NO. 33-11 suant to F.S. Section 870.041 et seq. shall commence upon the declaration thereof and shall terminate at the end of a period of seventy-two (72) consecutive hours thereafter, unless, prior to the end of such sevent)-twu -hour period, the public official or city official declaring the emergency shall have terminated such State of emergency. An extension of the 72 -hour time limit must be accomplished by a declaration of extension of the state of emergency by the Mayor or designated City official. Section 3. That Chapter 95, "Emergency Management ", Section 95.09, "Police Emergencies", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 95.09 POLICE EMERGENCIES (A) A public emergency may be declared because of civil unrest or immmuZent threat to public peace or order when the Chief of Police, or if unavailable, the next highest ranking officer in the Police Department chain of command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an emergency condition arising from hostile actions of others, armed or unarmed or other imminent threat to public peace or order, requires extraordinary measures for control, including, but not limited to curfew, blockade; proscription of the sale ofd ai d etk r weapons, alcoholic beverages; explosives and combustibles (excludu1g_any item that meets the definition of firearm as set forth in Florida Statutes $790.001 and ammunition evacuation; and other like actions. The City Manager, or if unavailable, the Acting City Manager, shall report said certification to the officials in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d]. (B) Declaration of a public emergency because of civil unrest or imminent threat to public peace or order shall authorize the Mayor, Vice - Mayor, City Manager or Assistant City Manager or other designated official to exercise the powers provided in Section 95.05 or require automatic emergency measures pursuant to F.S. Section 870.44 et seq. In addition, additional discretionary emergency measures pursuant to F.S. Section 870.045 may be issued Section 4. That Chapter 96, "Fire Safety and Emergency Services", Section 96.25, "Discharge or Use of Fireworks, Pyrotechnic Devices and Special Effects ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 96.25 DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES AND SPECIAL EFFECTS. The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles or other fireworks or substances designed and intended for pyrotechnic display, and of piste , canes, Eanne or other appliances using blank cartridges or caps containing chlorate or potash mixture, is prohibited The use of pyrotechnic special effects, flame effects and /or similar devices inside buildings, tents, structures and /or other enclosed spaces is prohibited Flame effects include, but are not limited to, batons, and /or torches fueled by liquid, solid or gaseous fuels; flame projectors which produce heat 5 ORD. NO. 33-11 effects and /or flames; flash powders composed of fuel(s) and oxidizer(s); flares and similar devices. Pyrotechnic special effects include, but are not limited to, chernical mixtures used in the entertainment industry to produce visible, audible or thermal effects by combustion, deflagration or detonation This language shall not be deemed to regulate any item that meets the definition of firearm as set forth in Florida Statutes &790.001 and ammunition However, this Section shall not prohibit public outdoor fireworks /pyrotechnic displays where the permission of the City Manager has been obtained, and for which a permit has been obtained from the Fire- Rescue Departrrient, all financial bond requirements established by the City have been satisfied, and other prescribed safety requirements have been met. Section 5. That Chapter 101, "Parks, Beaches and Recreation ", Section 101.20, "Firearms and Weapons; Fireworks ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: Sec. 101.20 WEAPONS; FIREWORKS. No person, except authorized employees or agents of the City, shall possess a fib- deadly weapon, dangerous ordnance, aw FA e, sling shot, missile throwing device-or any type of fireworks within any park, recreation or mu rticipal beach site or discharge any4kean+v deadly weapon, dangerous ordnance,sling shot, missile throwing device or any type of fireworks therein; however, this shall not apply to any item that meets the definition of firearm as set forth in Florida Statutes 790.001 and ammunition Section 6. That Chapter 101, "Parks, Beaches and Recreation', Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach ", Subsection (D), "Safety Hazards ", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: (D) Safety Hazards. Permit Required Use of any equipment which does or may pose a safety hazard must receive a permit from the Parks and Recreation Departhment prior to such use. This permit must be displayed upon request by City personnel. This would include, but not be limited to, items such as radio controlled airplanes, boats, model rockets, carnival equipment, bounce houses and rock walls. 2. Fireworks, F-ffeafw&, Weapons, Fires. No person shall discharge any fireworks in any City Park unless done as part of a special event authorized by the City. Fireworks shall mean any combustible or explosive composition or substance or combination of substance or any article prepared for the purpose of producing a visible or audible effect by combustion, exposition, deflagration or detonation, including sparklers• however, this shall not apply to any item that meets the definition of firearm as set forth in Florida Statutes X790.001 and ammunition No person shall start a fire in violation of Section 101.19 of the Code of Ordinances. No person shall violate Section 101.20 of the Code of Ordinances governing fib weapons and fireworks. 6 ORD. NO. 33-11 Section 7. That Chapter 101, "Parks, Beaches and Recreation', Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach ", Subsection (E), 'Nuisances at Parks, Recreational Facilities and Municipal Beach Sites", of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read as follows: (E) Nuisances at Parks, Recreational Facilities and Municipal Beach Sites. Pets. No person shall bring into, permit, have, or keep in any park, recreational facility, mun-icipal beach east of the dune line or City facility any dog, cat, pet of any kind or other animal unless the park is specifically dedicated for that purpose by the City except that Guide Dogs used by people with seeing, hearing or other physical disabilities shall be permitted. No person shall hunt (not applicable to firearms) or molest wildlife in violation of Section 101.18 of the Code of Ordinances. No person shall violate Section 101.27 of the Code of Ordinances pertaining to animal regulations. 2. Trash Disposal. Park patrons are responsible at all times for proper disposal of their trash. Any trash generated outside park and recreation facilities may not be disposed of inside the park, park facility or municipal beaches. No person shall deposit any litter, trash, waste or any other matter prohibited by Section 101.17 or Section 101.31 of the Code of Ordinances. Solidtingard V en ft.. No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or merchandise within the limits or adjacent roadways of any park Exception is made to regularly licensed concessionaires acting by and under the authority of the City of Delray Beach. Any publicity, posted signs or announcement placed in or on park property must have the prior approval of the Parks and Recreation Department. No person shall conduct commercial enterprises or sell or rent goods or devices in violation of Section 101.25 of the Code of Ordinances. 4. Intafbow with Au6n zai Adizitics. No person or group shall interfere with any recreational activities or event authorized by the Cites Parks and Recreation Department. 5. Sound Equipnvnt. A permit is required to bring into any park, beach, or recreational facility any public address system or amplified music system, except for small devices for personal use such as radios, I -pods, or the like. No person or group shall play or operate any sound amplification device including radios, television sets, phonographs, tape decks, public address systems, amplified musical instruments or any other loud noise generating device which annoys or disturbs other persons in any park or recreation facility or which violates Section 101.22(E) or Chapter 99 of the Code of Ordinances. 6. Sling. Sleeping in a horizontal position is specifically prohibited in the following: building, pavilion, rest room, trash receptacle, bench, picnic table, as well as recreational activity areas (such as athletic courts and fields, and playgrounds), pedestrian or vehicular 7 ORD. NO. 33-11 traffic ways (such as roads, sidewalks, bike paths, and jogging paths), and landscaped areas (such as flower gardens, hedges, and planters). No person shall camp in a manner in violation of Section 101.21 of the Code of Ordinances. 7. Intaxim4s. Consumption, possession or sale of alcoholic beverages is prohibited within City parks, Recreational Facilities or N unicipal Beach except during and within the specified area of a Special Event authorized by the City or premises licensed for sale and consznption of alcoholic beverages. 8. Diso►&dy hdoxiaatwn. No person shall be intoxicated in a City park, recreational facility or upon a City beach and endanger the safety of another person or property, and no person shall be intoxicated or drink any alcoholic beverage in a City park, recreational facility or municipal beach. 9. Personal Pn pefN Personal property shall not be stored in any park or recreational facility except in a facility or area specifically designated by the City for such storage. No person shall violate Section 101.33 of the Code of Ordinances pertaining to bringing onto the beach gym equipment or playing ball in unauthorized areas. 10. Disorderly Conduct. No person shall violate the provisions of sections 132.01, 132.02, or 101.22 of the Code of Ordinances which prohibits various types of disorderly conduct. Section 8. That Chapter 132, "Offenses Against Public Peace and Safety", Section 132.02, "Disturbing the Peace; Public Places", of the Code of Ordinances of the City of Delray Beach, Florida, is repealed in its entirety. 8 ORD. NO. 33-11 -.�:.� . MR 8 ORD. NO. 33-11 - :- 8 ORD. NO. 33-11 Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or mid be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby Section 11. That this ordnance shall become have the effective date of October 1, 2011. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST: City Clerk First Reacting MAYOR 9 ORD. NO. 33-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq., Asst. City Attomey/Police Legal Advisor THROUGH: City Attorney DATE: August 30, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 12.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011 ORDINANCE NO. 33-11 ITEM BEFORE COMMISSION Ordinance 33 -11 amends certain sections of the Code of Ordinances regarding firearms and ammunitions. BACKGROUND House Bill 45 which was approved by the Governor on June 2, 2011 and becomes effective on October 1, 2011, expands the Legislature's preemption in the field of firearms and ammunitions regulations. Therefore, the City of Delray Beach will no longer be able to enforce our Code of Ordinances regarding firearms and ammunitions. State Statutes will now solely apply regarding enforcement. The City is thus compelled to amend certain sections of the Code of Ordinances to comply with this new legislation. RECOMMENDATION The City Attorney's Office recommends approval. http: /, . Opbst Beach a s 6: cl LRAW BEAC IDAL 'RI A.'68. uc.. L f . t4 ririp respect to-1 Pro.-. posi ORDINANCE Ao. AN ORDINANCE OF T49 CiTY:*C6M--_- MISSION OFJHE`CITY OVEPELRAY. BEACH,: FLORIDA AM046ING THE- LAND'DWELopmNtREGULATIONS.: OF THE CITY.OF DELRAY BEACH.--BY, SITE PLAN.''.