2002-O-17
.... ORDINANCE NO. 2002-0-17 ..."""
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; AMENDING SECTION 1-8
(GENERAL PENALTY; CONTINUING VIOLATIONS),
SECTION 1-9 (ADDITIONAL COURT COST FOR LAW
ENFORCEMENT EDUCATION) OF CHAPTER 1 (GENERAL
PROVISIONS, P ART II (CODE OF ORDINANCES);
PROVIDING AUTHORITY TO ESTABLISH AND MODIFY A
SCHEDULE OF FINES AND PENALTIES; AUTHORIZING
NOTICE TO THE COURT ADMINISTRA TORBY THE CITY
CLERK; PROVIDING FOR CODIFICATION, CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
EST ABLISHING AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City of Edgewater, has adopted ordinances codified as the "Code of
Ordinances of the City of Edgewater, Florida," and provided for general penalties in Section 1-8, of
the City Code, consisting of a fine, not exceeding $500.00 or imprisonment not exceeding 60 days
with each day constituting a separate offense, all as authorized pursuant to Chapter 166 and Section
162.22, Florida Statutes; and
WHEREAS, pursuant to Section 77 5.08, Florida Statutes, penal ordinances adopted by local
governments are not designated as crimes or misdemeanors by state law; and
WHEREAS, in 1977, Florida Legislature created Chapter 938, Florida Statutes,
consolidating and categorizing all provisions relating to court costs, in order to assist the judiciary
and all participants in the court system identify, assess, collect, and disburse court costs
appropriately; and
WHEREAS, to assist the court in assessing fines and costs for violations of the ordinances
of the City of Edgewater which may come before the Court; the City Council wishes to adopt a
schedule of fines for violation of all penal ordinances in the City Code, with court costs mandated
by law; and
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WHEREAS, the CIty of Edgewater wishes to be consilrtnt with the surrounding
municipalities regarding a standardization of the schedule of fines and court costs; and
WHEREAS, the City of Edgewater desires to have the Clerk of Court charge for offenses
committed within the city boundaries in a similar manner to the surrounding municipalities; and
WHEREAS, the City of Edge water requests that the Clerk of Court accept a designated fine
from any defendant in a municipal ordinance violation case, whether the defendant was taken into
custody or issued a Notice to Appear for the violation, and that the Court authorized an entry of
adjudication withheld in each case for which such fine and mandatory costs are paid.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida as follows:
PART A.
AMENDING SECTION 1-8 (GENERAL PENALTY; CONTINUING
VIOLATIONS) OF CHAPTER 1 (GENERAL PROVISIONS), PART
II (CODE OF ORDINANCES).
Section 1-8 is hereby amended to read as follows:
Sec. 1-8.
General penalty; continuing violations.
Wherever in this Code or in any ordinance of the city, or rule or regulation promulgated by
an officer or agent thereof, under authority of law or ordinance, any act is prohibited or is declared
to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do
any act is declared to be onIawful or an offense or misdemeanor and no specific penalty is provided
therefore, the violation of any such provision of this Code, ordinance, rule or regulation shall be
punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not
exceeding sixty (60) days~ as authorized pursuant to Chapter 166. Florida Statutes. Each day any
violation of this Code, ordinance, rule or regulation continues shall constitute a separate offense.
ill} The City of Edlfewater hereby authorizes and provides for a schedule of fines and/or
enalties for violation of all enal ordinances the Code. Said schedule offines and/or
enalties shall be established and modified from time to time as needed b resolution
of the City Council.
PARTB.
AMENDING SECTION 1-9 (ADDITIONAL COURT COST FOR LAW
ENFORCEMENT EDUCATION) OF CHAPTER 1 (GENERAL
PROVISIONS), PART II (CODE OF ORDINANCES).
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2002-0-17
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ectlon 1-9 IS hereby amended to read as follows:
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Sec. 1-9.
(a)
Additional court cost for law enforcement education.
There is hereby assessed by the city City of Edgewater, in compliance with Section
943.25(5) 3l8.18(ll)(b) and Section 938.15, Florida Statutes, an additional two
dollars ($2.00), as quiGk G05t court costs against every person convicted of v iol.rting
for violation of a state penal or criminal statute or state traffic law or convicted of
v iol.rting a municipal or county ordinance or who admits to the commission of a
traffic infraction, where said offense occurred within the Git) limit5 Citv of
Edgewater. In addition, two dollars ($2.00) shall be deducted from every bond
estreature or forfeited bail bond related to such penal statutes or ordinances.
However, no such assessment shall be made against any person convicted -of
\' iolatihg for violation of any state statute, municipal or county ordinance relating to
the parking of vehicles.
(b)
All such assessments shall be collected by the appropriate court and shall be remitted
to the city and earmarked for Glimillal j aMi", law enforcement education and training
for members ofthe Edgc\lVatcr Police Department. The use and expenditure of such
funds shall be in accordance with education and training programs for law
enforcement personnel~ as determined by the chief of police and in accordance with
Section 943.14(4) 938.15, Florida Statutes.
PART C.
NOTICE TO THE COURT ADMINISTRATOR.
The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any
related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange
Avenue, Room #200, Daytona Beach, Florida 32114.
PART D.
CODIFICATION.
Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through H shall not be codified.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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PART F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not effect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any persons, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
This Ordinance shall become effective immediately upon passage and adoption.
PARTH.
ADOPTION.
After Motion by Councilman Hammond and Second by Councilwoman Lichter, the vote on
the first reading ofthis ordinance held on October 21, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
-
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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AfterMotionby Qouncilnoman Lichter and Second by Councilman Hammond
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED [his 4th day of November, 2002.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEW®ATER, FLORID/AA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this ath
day of Novyaysahar , 2002 under
Agenda Item No. s-o
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