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CEDAR KEY CONFORMS LOCAL LAW TO FLORIDA’S HB 45 PRO-GUN LEGISLATION;

CEDAR KEY CONFORMS LOCAL LAW TO FLORIDA’S HB 45 PRO-GUN LEGISLATION;

Jean Rigg

Cedar Key`s five-member city commission held its regularly-scheduled monthly meeting Tuesday evening, September 20, 2011, and acted on the second and final reading of city ordinances conforming Cedar Key gun laws to Florida`s House Bill 45, which becomes law on October 1st.

Earlier, in the public comment section of the meeting, commissioners heard a request from Wayne Watson that Cedar Key set its annual Halloween celebration on a Saturday and agreed to cooperate with the Cedar Key School student government organization (SGO)`s mock city election to take place in October.

In other business, the commissioners approved the language of a contract hiring Norm Fugate as the new city attorney, approved a letter terminating the city`s contract with Clark Communities Inc. as administrator of federal stimulus funds the city received in the form of an energy grant, and adopted an employee policy manual updating the city`s personnel practices.

The Cedar Key Aquaculture Association`s proposal for monitoring trash at the Shell Pile and long-term city marina tenants` requests for permission to access city water and electricity were discussed by the commissioners and referred back to city staffer Josh Wilson and the interested parties for fine-tuning and action at a future city commission meeting.

Wayne Watson, who in recent years has celebrated Halloween by erecting a haunted tunnel on his 2nd Street storefront sidewalk across from City Hall, appeared before the commissioners to propose that, going forward, the city set Saturday as its night to observe Halloween, notwithstanding the actual day of the week on which October 31 falls. Last year, the 31st fell on a Sunday but was observed on Saturday. This year, the 31st falls on a Monday.

Mr. Watson noted precedent in Cedar Key for such an arrangement. Several years ago the commissioners eliminated conflict with Sunday and Wednesday night church services by moving Cedar Key`s Halloween celebration to Saturday in any year in which the 31st fell on a Sunday or Wednesday.

Commissioners and members of the public expressed concern that the Halloween celebration on Saturday-not-the-31st might fail to satisfy desires to celebrate on the 31st. "I can see buying two bowls of candy," quipped Mayor Heath Davis.

Cedar Key has become a destination for out-of-town trick-or-treaters. Mr. Watson agreed to take responsibility for seeing that the Saturday date is well publicized outside of Cedar Key as well as within the city. The commissioners decided to designate Saturday night, October 29, for Cedar Key`s Halloween celebration this year. The commissioners will revisit the request to make Halloween a Saturday going forward after seeing how the Saturday-for-Monday switch works out this year.

Adopting new city ordinances involves the oral reading, at successive city commission meetings, of the titles only of the proposed ordinances. The city attorney reads the titles aloud. In the case of the three ordinances necessary for Cedar Key`s compliance with Florida`s HB 45, outgoing city attorney Holly Blumenthal read the following:

"Second and final reading: Ordinance No. 476: an ordinance of the City Commission of the City of Cedar Key, Levy County, Florida, amending Part 2.03.00 relating to the discharge and possession of firearms within the City; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing for an effective date.

"Second and final reading: Ordinance 477: an ordinance of the City Commission of the City of Cedar Key, Levy County, Florida; amending Section 2.18.07 relating to the ability of the City to suspend or limit the sale, dispensing, or transportation of firearms during a state of local emergency; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing for an effective date.

" Second and final reading: Ordinance 478: an ordinance of the City Commission of the City of Cedar Key, Levy County, Florida; amending Section 4.02.00 to repeal prohibition against the use of firearms to spear fish within the City limits; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing for an effective date."

Commissioner Gene Hodges described responding to a neighbor`s plea for help after discovering a rattlesnake in a woodpile, getting his shotgun, putting a shell in it, crossing the street to the neighbor`s yard, and killing the rattlesnake. Commissioner Hodges asked Police Chief Virgil Sandlin`s opinion: under the new ordinance, would the chief have had to arrest him? Chief Virgil responded yes, but under state law, which prohibits the discharge of a firearm within 100 feet of a public roadway.

Bob Treat, a member of the public, followed up with a further question to Chief Virgil: if a citizen calls the Cedar Key police department and asks for an officer to kill the rattlesnake, will the police department be able to respond? Yes, assured Chief Virgil.

Bruce Wilson followed up by asking if, when Mr. Gene (Commissioner Hodges) leaves for Colorado to go elk hunting, can he carry his gun?

Mayor Heath responded: "Believe it or not, these are all pro-gun ordinances." The new ordinances were adopted unanimously.

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