HomeMy WebLinkAboutOrdinance 2002-154
ORDINANCE NO. 2002- \ S"Lf
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RENDERING IT UNLAWFUL FOR
ANY ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE OF THE
CITY TO CANCEL OR VOID A TRAFFIC SUMMONS ISSUED BY THE
CITY'S POLICE DEPARTMENT EXCEPT BY A POLICE OFFICER
WHEN THE ISSUANCE OF SUCH SUMMONS WAS IN ERROR;
PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN INCLUSION INTO THE CODE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor of the City of Sunny Isles Beach has made a commitment to
ethics on the part of the City; and
WHEREAS, he has received numerous requests for the voiding of traffic summons and
has regularly declined to do same; and
WHEREAS, the Mayor would like to have an Ordinance for the record prohibiting such
activity except by a police officer under certain circumstances and providing for procedures for
those circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Voiding of Traffic Summons. Citation or Ticket as Unlawful. It shall be unlawful
for any elected or appointed official or employee of the City, to cancel, null or void any traffic
summons, citation, or ticket which may be issued by the City's police department, provided,
however, that when it shall appear to the officer issuing such summons, citation or ticket, that an
issuance was made through error or misunderstanding of the facts or law, such police officers
shall be entitled to void this summons, citation or ticket utilizing procedures set forth in this
Ordinance.
Section 2. Procedures for Voiding by a Police Officer. In the event an officer has
determined a summons, citation or ticket has been made through error or misunderstanding of
facts or law, such police officer shall void same by marking the summons, citation or ticket void,
and affixing his signature thereto, and also attaching a written statement explaining the reasons
and facts for his action in voiding the summons, citation or ticket.
Section 3. Repeal of Conflicting Ordinances. All prior ordinances or parts thereof in conflict
herewith, are hereby repealed to the extent of such conflict.
Section 4. Severability. The provisions of this Ordinance are declared severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid
or unconstitutional, such decision shall not effect the validity of the remaining sections,
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sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, that the provisions of this Ordinance shall become and be made a part of the
City of Sunny Isles Beach Code of Ordinances.
Section 6.
reading.
Effective Date. This Ordinance shall be effective ten (10) days after second
PASSED AND ADOPTED on first reading this 18th day of April, 2002.
PASSED AND ADOPTED on second reading this ~ay
, 2002.
... I
David Samson, Mayor
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I.Gctiard ~rown-;Morilla, City Clerk
Moved by: Commissioner ~
Seconded by: Commissioner 2/7 :;, It'~.s
VOTE: 5 -0
Mayor Samson
Vice-Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman:
Commissioner Kauffman
(yes)~
(yes)~
(yes)-V
(yes) V'"
(yes) /'
(no)_
(no)_
(no)_
(no)_
(no)_
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