HomeMy WebLinkAboutO-1973-026 c
ORDINANCE NO. 26
AN ORDINANCE PROVIDING FOR THE ISSUANCE. OF CITATIONS REGARDING
- { OFFENSES COMMITED WITHIN THE CITY OF DANIA, FLORIDA; AND FUR-
THER PROVIDING FOR A FCRM OF CITATION, COMPLAINT AND CERTIFI-
CATE OF SERVICE; AND MAKING IT A SEPARATE OFFENSE FOR FAILURE
TO RESPOND TO A SUMMONS BY APPEARING BEFORE THE MUNICIPAL COURT
AT THE TIME DESIGNATED IN THE CITATION; AND PROVIDING FOR A
PENALTY; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING THAT THIS ORDINANCESHALL BECOME EFFECTIVE
AS OF ITS PASSAGE AND ADOPTION.
WHEREAS, various ordinances of the City of Dania provide that many acts of various
types constitute offenses under the ordinances of City of Dania; and
WHEREAS, the responsibility for enforcing many of the ordinances which define !
jj various offenses (and which provide for penalties for violations) is Vested in certain
officials of the City who have no arrest powers (such as, for example, the director of public
works, the building inspector, lifeguards, the recreation director, etc.); and I
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WHEREAS, because such officials do not have arrest powers, said officials have found
' it difficult to enforce certain ordinances because of lack of a procedure to serve process
upon alleged violators; and
WHEREAS, the city commission deems it for the best interests to authorize the issu-
ance Of citations and the service of such citations, in lieu of summmons or warrants, I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: !
Section 1. - As to all ordinances of the City of Dania which provide that certain r
,7 acts constitute offenses and which provide for penalties for violations of the ordinances,
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any person who is believed to have violated any of such ordinances may be e e cited to appear I
before the Municipal Court, City of Dania, Florida, to answer, plead to or otherwise defend
against the alleged violation of the ordinance. `
Section 2. - The citation shall incorporate a complaint setting forth the parti-
culars of the offense and the complaint shall serve the same Purpose in the Municipal Court
of the City of Dania, Florida, as an information serves in the state courts of the State of
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Florida.
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Section 3. - The form of citation, complaint and certificate of service shall be
in substantially the following form:
IN THE MUNICIPAL COURT
CITY OF DANIA, FLORIDA
C I T A T I 0 N
TO:
C 0 M P L A I N T
employed by City of Dania,
Fi
mplainant
Floridadaa as says that on the day
state position �Jf
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of 197_, at _. m., the above-described person to
whom this citation is addressed, namely,
' did unlawfully violate City of Dania ordinance no. , by
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commiting the following offense within the corporate limits of City
of Dania, Florida, to wit:
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You are hereby commanded and directed to appear at the
iMunicipal Court, City of Dania, Florida, 100 West Dania Beach
Boulevard, Dania, Broward County, Florida, at _. m., on the
day of 197_, to answer, respond to,
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plead to or otherwise defend yourself against the above complaint
which charges an offense under the ordinances of the City of
Dania, Florida.
DATED this day of , 197_
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(Name)
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Position with City of Dania, Florida i
CERTIFICATE OF SERVICE j
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i I HEREBY CERTIFY that I served a signed copy of the above-
described citation and complaint by ( ) personally delivering same
to on the _ day of
! , 197 , or by ( ) leaving a signed copy posted in a con-
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spicuous place at the premises at
Name
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Section 4. - The above-described form of citation, complaint and certificate of
service may be amended or modified by the city manager on condition that any amended or ,\
modified form should contain substantially the information set forth in the recommended
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form provided in Section 3.
Section 5. - That said citation and complaint may be signed and served by any
officer, employee or agent of the City of Dania, Florida even though such officer, employee
or agent does not have arrest powers.
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Section 6. - The original of the citation, complaint and certificate of service may
be served either by personally delivering same to the person to whom the citation is addressed
or, by leaving same in a conspicuous place at the premises where the alleged offenses occurred I
or where the person to whom the citation is addressed resides. A proper certification as to
the method of service shall be made on the citation, complaint and certificate of service,
form. A duplicate original of the form shall be filed immediately by the person issuing
the citation with the Municipal Court clerk, City of Dania, Florida.
{ Section 7. - It shall be a separate offense for any person to whom citation is
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{ issued to fail to respond to same and the penalty for failure to appear at the Municipal
Court at the time stated in the citation shall be as provided under Section 1-8, Code of
Ordinances, City of Dania, Florida.
Section R. - That all ordinances or parts of ordinances in conflict herewith be
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and the same are hereby repealed to the extent of such conflict.
Section 9. - That this ordinance shall be in force and take effect immediately
upon its passage and adoption. /I
PASSED and ADOPTED on First Reading on the -4,L day of 1973.
PASSED and ADOPTED on Second Reading on the day of 1973
PASSED and ADOPTED on Third Reading on the day of Z 1973.
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Mayor Commissioybr I
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Attest:
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City Clerk-Auditor
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