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HomeMy WebLinkAboutR-2002-048 RESOLUTION NO. 2002-048 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE USE OF 100% OF THE REVENUES RECEIVED FROM THE ADMINISTRATIVE PENALTY FEES PROVIDED IN THE VEHICLE IMPOUNDMENT ORDINANCE NO. 25-99 (ADOPTED SEPTEMBER 28, 1999) AND AMENDED BY ORDINANCE NO. 2000-048 (ADOPTED NOVEMBER 28, 2000) AS REFERENCED IN ARTICLE VI OF CHAPTER 20, SECTION 20-82, OF THE CITY CODE OF ORDINANCES, ENTITLED VEHICLES USED TO FACILITATE CERTAIN CRIMES, AUTHORIZING THE CITY MANAGER TO USE HIS DISCRETION IN THE USE OF 100% OF THE FUNDS FOR ADDITIONAL OPERATIONS AND/OR EQUIPMENT OVER AND ABOVE ROUTINE ENFORCEMENT SERVICES CURRENTLY PROVIDED IN THE BROWARD SHERIFF'S OFFICE CONTRACT; DIRECTING THE FINANCE DIRECTOR TO ESTABLISH A BUDGET FOR SAID EXPENDITURE USAGE;; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, prostitution and drug-related crimes continue to detrimentally impact the citizens of Dania Beach; and WHEREAS, motor vehicles are frequently used to facilitate prostitution and drug- related crimes; and WHEREAS, the City Commission desired to discourage prostitution and drug related crimes within the City of Dania Beach by imposing administrative penalties for the use of motor vehicles which are used to facilitate prostitution and drug-related crimes within the City by adopting Ordinance No. 25-99 (adopted September 28, 1999) and amending Ordinance No. 2000-048 (adopted November 28, 2000), in substantial form as Exhibit"A" and "B", as attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: SECTION 1: That Article VI of Chapter 20, Sec. 20-82, entitled "Administrative Penalty" reads as follows: If the Special Master enters an order finding the owner of the motor vehicle civilly liable to the City for an administrative penalty and towing and storage costs, such administrative penalty and towing and storage costs shall constitute a debt due and owing to the City. The obligation of the owner of the motor vehicle to pay such debt to the City shall be independent of the City's return or release of the vehicle. If a cash bond has been posted pursuant to Sec. 20-80(3)(b), the bond shall be applied towards payment of the administrative penalty. RESOLUTION NO. 2002-048 SECTION 2: That the City Commission authorizes the City Manager to utilize his discretion in the use of 100% of the revenues received through the Administrative Penalty fees charged in connection with the enforcement of the Impoundment Ordinance to cover additional operations and/or equipment over and above routine enforcement services currently provided in the Broward Sheriff's Office Contract. SECTION 3: That this Resolution shall be in force and take effect October 1, 2002. PASSED AND ADOPTED this 23 of AP IL, 2002. R ERT H. CHUNN, JR. MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - NO CHARLENE JOOHSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES • APPROVED AS TO 47/1 RM AND CORRECTNESS: BY: TH M S J.v BRO CITY ATTORNEY RESOLUTION NO. 2002-048