2011-04-C CITY OF CLERMONT
ORDINANCE NO. 2011-04-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 42,
"OFFENSES ", ARTICLE I, "IN GENERAL" SECTION 42 -6, "FIREARMS;
DISCHARGE" BY DELETING THE SECTION IN ITS ENTIRETY;
PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT; AND
EFFECTIVE DATE.
WHEREAS, the Florida Legislature in its 2011 session adopted HB 45 which amended
Florida Statutes Section 790.33 and strengthened the State's preemption of local governments
ability to regulate the possession, carrying and use of firearms;
WHEREAS, by virtue of this action, the City of Clermont's authority to regulate firearms,
for non - zoning related matters, has been fully preempted in favor of State laws and regulations
related to firearms;
WHEREAS, HB 45 provides that effective October 1, 2011, any City official that adopts
any code or ordinance related to firearms and which has been preempted by the State is subject to a
fine in the amount of up to $5,000; and
WHEREAS, the Section 42 -6 of the City Code of the City of Clermont is the only code
provision that may be covered by HB 45.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida, as follows:
SECTION 1.
Section 42 -6, "Firearms; discharge" of the City Code of the City of Clermont is amended to read as
follows (note strikethrough indicates removed words and underlined indicates added):
FifeafffisdisehaFge
SECTION 2. Severability.
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions hereof.
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CITY OF CLERMONT
ORDINANCE NO. 2011-04-C
SECTION 3. Conflict.
Any portion of the City of Clermont Code or any ordinance or part thereof in conflict with this
ordinance is hereby repealed to the extent of such conflict.
SECTION 4. Codification.
The text of Section 1 of this ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this ordinance by the
substitution of "article" for "ordinance", "section" for "paragraph ", or otherwise to take such
editorial license.
SECTION 5. Effective Date.
This ordinance shall be published as provided by law and shall take effect immediately upon its
Second Reading and Final Passage.
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CITY OF CLERMONT
ORDINANCE NO. 2011-04-C
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on th 13 th day of September, 2011.
CITY OF CLERMONT
d
Haro 'd S. Turville, r., Mayo
Attest:
Tracy Ackroyd, City C1-