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Home My WebLink AboutR-1986-016 r7 RESOLUTION NO . 16-86 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CLERK OF THE COURT TO ASSESS AN ADDITIONAL PENALTY OF FOUR DOLLARS ( $4 . 00 ) ON NON-CRIMINAL TRAFFIC INFRACTION VIOLATIONS OCCURRING IN DANIA, FOR THE PURPOSE OF FUNDING THE SCHOOL CROSSING GUARD PROGRAM IN DANIA ; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR j AN EFFECTIVE DATE . I WHEREAS, Chapter 85-255, Section 2, Laws of Florida , authorizes tha Clerk of the Court to assess additional penalties for non-criminal traffic infraction violations for the purpose of funding school crossing guard programs ; and WHEREAS, the Board of County Commissioners having approved by ordinance the assessing by the Clerk of the Court of additional civil penalties of four dollars ( $4 .00 ) for noncriminal traffic infraction violations ; and, WHEREAS, the City of Dania is a local governmental entity that administers a school crossing guard program in the City of Dania ; and, WHEREAS, the State of Florida requires local governments to control hazardous walking conditions for elementary school students in grade levels kindergarten through sixth grade ; and , WHEREAS, the City of Dania has three (3 ) budgeted positions for school crossing guards in the City of Dania ; and, WHEREAS, the City Commission of the City of Dania desires to determine, fix, and establish a precise dollar amount for the Clerk of the Court to assess in support of the school crossing guard program in the City of Dania ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA : 3 Section 1 . That the City Commission of the City of Dania , Florida, does hereby determine, establish and fix four dollars ($4.00 ) as the amount of the additional noncriminal traffic Resolution No . 16-86 i 4 infraction penalty that the Clerk of the Court is authorized to assess for the purpose of funding the City of Dania school crossing guard program . Section 2 . That the City Clerk shall forward a certified copy of this resolution to the Clerk of the Court . Section 3 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 4 . That this resolution shall be in force and take effect immediately upon its passage and adoption . I PASSED and ADOPTED on this 25th day of February 1986 . R - C MMISSI ATTEST : 17 CLERK LERK '! AUDI R ,Wn APPROVED FOR FORM AND CORRECTNESS : FRANK C . , CITY ATTMMEY- -2- Resolution No . 16-86 , } Ch. 318 DISPOSITION OF TRAFFIC INFRACTIONS__- F.S. 1985 F.S. 1985 s, 318.14(7)or to stay appropriate action by the depart- tional penalty of $2 shall be assessed for each mile an ment upon receipt of that report hour in excess of 25 miles an hour over the lawful speed (2) The circuit court, upon application by the appel limit. loaf, may: (7) Five dollars of each fine collected pursuant to (a) Order a stay of any action by the department dun subsections(1)-(4)shall be deposited in the Emergency 319.001 De ing pendency of the appeal,but not to exceed a period Medical Services Trust Fund for use in accordance with ` 319.14 Sal of 60 days.A copy of the order shall be forwarded to the the provisions of s. 401.113. department. (8) In addition to any civil penalties imposed by this b) Deny the application. section, the clerk of the court is authorized, upon ap 319,17 Ru ( Hib) I,cn 7e3 proval of the board of county commissioners of the 319.20 AF county, to assess an additional penalty of up to$4 per 319.21 N6 318.17 Offenses excepted.-No provision of this violation for the purpose of funding a county or munici chapter shall be available to persons charged with the pal school crossing guard program. t� History.-s 1.0 74377,s W,,h 7531,a.3,Ch 79-27,1 1,on 80-179 a Is,, 319,22 Tr following offenses: Ch 81259 a.2,cn 9250.s 2,ch a473,s.15.ch 64359.s.2s,oh 86167.s 3 `. 319.23 Af O1 Fleeing or attempting to elude a police officer, in ob 85250.a.2.ch.as 255,a 6,ch 85309.a.4,Ch 8s337 9 P 9 P Note.-ihn where as Moaned rncorporetef amendments from a 25,Ch 85 violation of s. 316.1935: 167 s 3,ch.95250.s 2,1h 85255 s 6.0 85309,anis ech 65337 Asamend (2) Leaving the scene of an accident, in violation of edby s.25.ch 85167 arld a a,Ch 95337 subaeclioha n3(3)wood read 319.235 Er ( I ion dollars for all Inhactrona of be cle regulations under a 3162065 and,n ss. 316.027 and 316.061; frachona al eedesinan regulations under a.316130 (2) Twenty dollars for all homrtavmg traflq vnlardone anq for all n.Wibhs of s 319.24 Is (3) Driving,or being in actual physical control of,any 316613.a 32007(3).s 32215Q,abd s 32219 vehicle while under the influence of alcoholic beverages, (3) Except as provided insubsectdmw Mot all meong.,olahons not reo,,,, IN a mandatory appear..In addition to this Sag fine,when the lawlut speed limn 319.241 R any chemical substance set forth in s. 877.111, or any a 55 miles par hour,afine of530a,mpoaai on any person conv,oled of exceeding such speed limit by more than 10 miles oer hour and less Inan 25 miles per hour 319.25 C substance controlled under chapter 893, in violation of and a line o1555 is dmbosed on any person convicted of exceeding such speed emit s 316.193 or s 316.1931, or driving with an unlawful by25 or,more miles mrhour Whenever the coun mobiles the mnanyofmhi Ch diner,mprove.nent school under the provisions of a 31815 or a 322291 and the 319,27 N #,s blood alcohol level, line is waned.the added fine of SM or$55 shall hot be waned bud shot be paid (4) Reckless driving, in violation of s. 316.192; 10 me Traffic violations Bureau and datribuled as provided,n ss 34 191 ann (5) Making false accident reports, in violation of s. 316660 316.067; 318.19 Infractions requiring a mandatory hearing. 319.26 T (6) Willfully failing or refusing to comply with any law- -Any person cited for the infractions listed in this sec 319.29 L ful order or direction of any police officer or member of lion shall not have the provisions of s.318.14(2) and(4) 319.30 1 the fire department, in violation of s. 316.072(3); or available to him but must appear before the designated (7) Obstructing an officer, in violation of S. official at the time and location of the scheduled hearing 319.32 F I 316.545(1). , (1) Any infraction which results in an accident that 319.323 E 4 Haiti I,ch 74377.s 37.ch 7631 s and 77456.s 7,ch 82155.s a, causes the death of another; I 319.33 Ch 13187. s 4.Ch 8587 (2) Any infraction which results in an accident that 1318.18 Amount of civil penalties.-The penalties re- causes'serious bodily injury'of another as defined in s or l 316.1933( ); quired for a noncriminal disposition pursuant to s. 319.34 I 318.14(1), (2), and(4)are as follows. (3) Any infraction which would, if the person is coon (1) Ten dollars for all infractions of pedestrian regula. vicled, result in the suspension or revocation of his driv- tions under s. 316.130 and violations of chapter 316 b eHa license Ch privilege under s. 322.27. p y N lice s I o t4377.s e Ch 77 under sS 1,Ch 61 31,s 16.cn 81359.f 319.35 bicyclists 14 years of age and under a.Ch a5250 (2) Twenty five dollars for all nonmoving traffic viola- 318.20 Notification; duties of department.--The 319.36 oils and for all violations of ss. and 322. department shall prepare a notification form to be ap (3) Except as provided in subsection on (4), $35 foorr all pended to, or Incorporated as a part of, the Florida uni moving violations not requiring a mandatory appear form traffic citation issued in accordance with s 319.001 ante.In addition to this$35 fine, when the lawful speed 316.650. The notification form shall contain language in term. limn is 55 miles per hour,a fine of$30 is imposed on any forming persons charged with infractions to which this (1) 'D6 person convicted of exceeding such speed limit by more chapter applies of the procedures available to them un- Safety ant than 10 miles per hour and less than 25 miles per hour, der this chapter.Such notification shall contain a sched- (2) 'Lin and a fine of $55 is imposed on any person convicted ule of points to be assessed against a person's driving provided, of exceeding such speed limit by 25 or more miles per record in accordance with s. 322.27 and a schedule of s. 320.27 hour.Whenever the court imposes the penalty of attend, civil penalties applicable to infractions under this chap- Ing a driver improvement school under the provisions of ter in accordance with s 318.18. 32(3) s 318 15 or s 322291 and the fine is waived, or when Hisory. s I ch 74377 s 39 Ch 7631 'N an adjudication is withheld pursuant to the provisions of unable or s. 316.14(9). the added fine of $30 or $55 shall not be 318.21 Disposition of civil penalties and forfeitures by a man waived but shall he paid to the Traffic Violations sh Bureau by county courts.-All civil penadies and forfeitures re ultimate I and distributed as provided In Tr 34 and 3Burea16 celved by a county court pursuant to the provisions of (4) •N (4) Fifty five dollars for a violation of s 316 1575(2) this chapter shall be dtslnbuled and paid monthly to the equitable (5) The penalty Imposed under s 316545 shall be municipalities and counties, respectively, in the same jetted by manner upon the same bases, and upon the same determined by the officer in accordance with the provi , to an ulti sdons of ss 316535 and 316545 terms and df that h dIs (5) 'S fines and forfeitures are tnbuted andd paid to d to municipalities and counties under (6) In addition to any civil penalties and surcharges the provisions of s 316 660 or releas imposed for speeding pursuant to this section. an adds History. :h ra 371 s 39 eb 7611 HIM"- 66