2005-O-53
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ORDINANCE NO. 2005-0-53
AN ORDINANCE AMENDING SECTION 1-9 (ADDITIONAL
COURT COST FORLA WENFORCEMENT EDUCATION) IN
CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Adoption of Ordinance #2002-0-17 provided for establishment of a schedule of fines,
fees and/or penalties for violation of all penal ordinances and provided for additional court costs for
law enforcement education.
2. Ordinance #2002-0-17 also provided for the schedule of fines, fee and/or penalties
along with the additional court costs for law enforcement education to be established by City
Council.
3. Chapter 1, Section 1-9 (Additional court cost for law enforcement education) should
be amended to reflect that changes would be made pursuant to Florida Statutes and as established
and modified by resolution of the City Council.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDING SECTION 1-9 (ADDITIONAL COURT COST FOR LAW
ENFORCEMENT EDUCATION) IN CHAPTER 1 (GENERAL
PROVISIONS) OF THE CODE OF ORDINANCES.
Section 1-9 is hereby amended to read as follows:
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Underlined passages are added.
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Sec. 1-9.
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Additional court cost for law enforcement education.
1)
There is hereby assessed by the City of Edgewater, in compliance with Section
318.18(11 )(b) and Section 938.15, Florida Statutes, an additional two dolla15 ($2.00)
amount as authorized by the appropriate section of the Florida Statutes and adopted
by resolution of the City Council, as court costs against every person convicted for
violation of a state penal or criminal statute or state traffic law or convicted of a
municipal or county ordinance or who admits to the commission of a traffic
infraction, where said offense occurred within the City of Edgewater. In addition,
tlfVO dollar 5 ($2.00) an amount as authorized by the appropriate section ofthe Florida
Statutes and adopted by resolution of the City Council 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 for
violation of any state statute, municipal or county ordinance relating to the parking
of vehicles.
2)
All such assessments shall be collected by the appropriate court and shall be remitted
to the city and marked for law enforcement education and training for members of
the 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 938.15, Florida Statutes.
PART B.
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 C.
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.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
Struck tluotlgh passages are deleted.
Underlined passages are added.
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inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICA TION.
Provisions 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 ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through G shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTG.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on December 5, 2005, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
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After Motionby Councilwoman Rhodes andSCCOndbyCmmri iman Vinron7i ,the Vote
on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilman Debra J. Rogers x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 19th day of December, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-53 4
CITY COUNCIL OF THE
CITY O ED W E FLORIDA
B
i Thomas
nyor
Robm L. MatuAck
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this l9f'" day
of December, 2005 under Agenda Item No.
6 to .