Item No: 5A.

Meeting Date: April 23, 2012

From: Jay M. Evans, City Manager

Subject: Ordinance repealing section 15 - 3 of the code of ordinances pertaining to the discharge of firearms within the city limits

Staff Recommendation:

Staff recommends approval of the ordinance repealing Section 15-3 of the code of ordinances pertaining to discharge of firearms within city limits.

Analysis:

The 2011 Legislative Session produced F.S. 790.33, which expressly preempts all local government regulation of firearms and ammunition. As such, the City can no longer “enact, enforce, or promulgate ordinances which regulate firearms and ammunition”. This proposed ordinance repeals Section 15-3 of the Leesburg Code of Ordinances, which prohibits discharge of firearms within city limits.

Options:

1. Approval of the proposed ordinance; or

2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:

Submission Date and Time: 4/23/2012 9:18 AM____

Department: ______________________ Prepared by: ______________________ Attachments: Yes____ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review : Yes___ No ____ _________________________________ Revised 6/10/04

Reviewed by: Dept. Head ________ Finance Dept. __________________ Deputy C.M. ___________________ Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget ______________________ Available _____________________

ORDINANCE NO. _________

ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REPEALING SECTION 15 - 3 OF THE CODE OF ORDINANCES PERTAINING TO THE DISCHARGE OF FIREARMS WITHIN THE CITY LIMITS, AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

Section 15 - 3 of the Code of Ordinances of the City of Leesburg, Florida, which was contained in the 1953 codification of the ordinances of the City of Leesburg and has remained continuously in the Code of Ordinances since that time, without any change or amendment whatsoever, is hereby repealed in its entirety.

SECTION II.

This ordinance shall take effect immediately upon its passage and adoption in accordance with applicable law.

PASSED AND ADOPTED on the _____ day of April, 2012.

THE CITY OF LEESBURG, FLORIDA

BY: _____________________________

SANNA HENDERSON, Mayor

Attest: ___________________________________

BETTY RICHARDSON, City Clerk