HomeMy WebLinkAboutO-2024-016 Amending Ch. 5 17 20 21 AND 25 Relating Section 1-8 General PenaltyORDINANCE NO.: 2024-0\ lO
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTERS 5, 17, 20, 21 , AND 25 IN ORDER
TO AMEND ALL CITATIONS REFERENCING CERTAIN MONETARY
PENALTIES OR IMPRISONMENT TO REFLECT SECTION 1-8 OF THE
CITY'S CODE ENTITLED "GENERAL PENALTY; CONTINUING
VIOLATIONS; VIOLATION AS PUBLIC NUISANCE"; AND DELETING
OBSOLETE PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Code has specific references in certain code provisions delineating
specific monetary values and amount of jail time; and
WHEREAS, the City Code also has Section 1-8 , entitled "General Penalty; Continuing
Violations; Violation As Public Nuisance", which provides the basic home rule authority for
nuisance monetary fines or jail time and having different references in the Code leads to confusion
and contradiction; and
WHEREAS, the Mayor and City Commission seeks to amend the Code of Ordinances to
clarify the monetary fines and jail time references.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 5, entitled "Animals and Fowl" of the City's Code of
Ordinances, is amended to read as follows:
CHAPTERS
ANIMALS AND FOWL
Sec. 5-18. -Lighting requirements for marine turtle protection.
* * *
(f) Enforcement. Any person found to be in violation ofthis code section shall be issued a notice
to appear and shall appear at the prearranged eourt date to answer the charge. A conviction for
violation of this section shall result in a fine up to five hundred dollars ($500.00)
or imprisonment for a term not exceeding niaety (90) days, or by both such fine
and imprisonment at the discretion of the judge. Violation of this Section shall be enforced
pursuant Section 1-8, of the City Code.
* * *
Section 3. That Chapter 12, entitled "Flood Damage Protection " of the City 's Code of
Ordinances, is amended to read as follows:
CHAPTER12
FLOOD DAMAGE PROTECTION
ARTICLE 1. IN GENERAL
* * *
Sec. 12.5-8. -Penalties.
Any person ·,iolating any of the prov1S1ons of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not exceeding five huadred dollars
($500 .00) or by imprisonment in the county jail not exceeding ninety (90) days, or by both such
fine and imprisonment. Each violation shall constitute a s eparate offense and shall be punishable
as such hereunder. Violation of this Section shall be enforced pursuant Section 1-8, of the City
Code.
* * *
Section 4. That Chapter 17, entitled "Offenses -Miscellaneous" of the City's Code of
Ordinances, is amended to read as follows:
CHAPTER17
OFFENSES-MISCELLANEOUS
* * *
ARTICLE I -IN GENERAL.
* * *
Sec. 17-21. -Writing on property without permission of the owner prohibited.
No person shall write, paint or draw any inscription, figure or mark of any type on any building,
public or private, or any other property, real or personal, in the City of Dania Beach without the
express permission of the owner or operator of said property.
Editer's nete Ord. No . 29 88 , § 2, adopted June 14, 1988 provided, "Any person convicted
of violating the provisions of this ordinance shall be punished by a fine of not less than $250.00
2 ORDINANCE #2024 -01 (o
nor more than $500.00 per oeearrenee or by imprisonment for not more than 60 days per
0001,rrenee, or both, in the discretion of the eoart."
* * *
ARTICLE VIII. -SEXUAL OFFENDERS
* * *
Sec. 17-128. -Sexual offender residency prohibition.
* * *
(b) A person who violates subsection (a) shall be punished pursuant to section 1-8 of the City
Code. by a fine not eiweeding five hHndred dollars ($500.00) or by imprisonment for a term not
eirneeding siJlty (60) days, or by both saeh fine and imprisonment.
* * *
ARTICLE X. -SMOKING AND V APING RESTRICTIONS
* * *
Sec.17-131. -Prohibiting the sale, offer for sale, purchase with intent to sell or public display
for sale of synthetic cannabinoid herbal incense.
* * *
(j) Penalty. Any store owner, store manager, store purchasing agent or any other person violating
any provision of this section shall be punishable pursuant to section 1-8 of the City's Code.--by
a fine not to eirneed five handred dollars ($500.00), or by imprisonment not to exceed sixty (60)
days or both, for each violation. This section shall also be subject to enforcement via the Local
Government Code Enforcement Act ofF.S. Ch. 162, and pursuant to chapter 2 "administration"
of article IV "code enforcement" of the City Code of Ordinances of the City of Dania Beach.
Sec. 17-132. -Prohibiting the sale, offer for sale, purchase with intent to sell or public display
for sale of synthetic stimulant bath salts, synthetic cathinones, synthetic amphetamines and
other synthetic stimulants that mimic illegal drugs.
* * *
(j) Penalty. Any store owner, store manager, store purchasing agent or any other person violating
any provision of this section shall be punishable pursuant to section 1-8 of the City's Code by-a
fine Rot to eiweed fr,e hHndred dollars ($500.00), or by imprisonment not to exceed sixty (60)
days or both, for each violation. This section shall also be subject to enforcement via the Local
Government Code Enforcement Act of F.S. Ch. 162, pursuant to article IV, entitled "code
enforcement" of chapter 2 entitled "administration" of the City of Dania Beach Code of
Ordinances.
* * *
Section 5. That Chapter 20, entitled "Police" of the City's Code of Ordinances, is
amended to read as follows:
3 ORDINANCE #2024-__
ARTICLE 1-IN GENERAL.
CHAPTER20
POLICE
* * *
See. 20 3. Authority to summon posse.
In ease any person charged with the Yiolation of any of the ordinances of the city, shall refuse to
submit quietly to arrest, the chief of police or any police officer of the city shall have the power
to sttmmon to his aid or assistance in making such arrest, where the necessity of the ease requires
it, a posse of good and true men, eiti2:ens of the city, consisting of as many as he may deem
necessary to aid him in fully carrying out the law, and in ease any citi2:en so summoned shall fai l
or refuse to lend aid so required of him, he shall be summoned by said officer to appear to answer
sa id charge for failttre to do hi s duty and if after a fuU investigation, the cottrt shall think the
facts justify such action it shall punish him by a fine not to exceed one hundred dollars($ 100.00),
or by imprisonment not to exceed ten (10) days, or by both such fine and imprisonment in its
discretion.
* * *
Section 6. That Chapter 21, entitled "Sales and Auctions" of the City's Code of
Ordinances, is amended to read as follows:
Chapter 21
SALES AND AUCTIONS
ARTICLE IV. -AUCTIONS AND AUCTIONEERS
* * *
Sec. 21-60. -Penalties.
Violation of this Section sha ll be enforced pursuant Section 1-8, of the City Code.
Any person 1/iolating any of the provisions of this article shall be deemed gu ilty of a
misdemeanor and upon conviction thereof sha ll be fined not exceeding five hundred dollars
($500.00) or by imprisonment in the county jail not exceeding Rinety (90) days , or by both such
fine and imprisonment. Each such violation shall constitute a separate offense and shall be
punishable as such hereunder.
* * *
Section 7. That Chapter 25, entitled "Traffic" of the City's Code of Ordinances, is
amended to read as follows:
4 ORDINANCE #2024-0\ lO
CHAPTER25
TRAFFIC
ARTICLE ID. -PARKING, STOPPING AND STANDING
DIVISION 5. -PARKING ON PRIVATE PROPERTY
* * *
Sec. 25-107. -Parking on private property designated as fire zone or fire lane.
(a) It shall be unlawful for any person, firm or corporation to park any motor vehicle,
including automobiles, trucks, motorcycles, motor bikes or any other vehicle, on private property
which has been designated as a fire zone or fire lane by the city police or fire department.\
(b) It shall be the duty of any police officer or fire inspector of the city to issue a citation to
any person violating the provisions of thi s section.
(c) Any persoa who sha ll violate the provisioas of the foregoing subsection (a) shall, upoa
conviction thereof, be punished by a fine of not more thaa one hundred dollars ($100.00), or by
imprisonmeat for not more than ten ( 10) days, in the discretion of the eourt.
* * *
DIVISION 6. -TAXIS, BUSES, AND OTHER COMMON CARRIERS
* * *
See. 25 124. Peeelty. [perltleg et puhl:ie eaurier/hus steeds]
(d) Any persoa, firm, associatioa, iastitution or corporntioa violating any term or provision
of this division shall, upon con11iction by a court of competent jurisdiction, be liable for a
mandatory fine of not le ss than fifty doUEH"s ($50.00) nor more than one hundred dollars
($100.00). Upoa coa11ietion for a third violation withia a one yeEH" period, the mandatory fiae
shall be not less thaa one huadred fifty dollars ($150.00) nor more than five hundred dollars
($500.00) and/or imprisonment not to exceed thfrty (30) days, or both.
* * *
Section 8. That if any section, clause, sentence, or phrase of thi s Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 9. That all ordinances or parts of ordinances in conflict with the provisions
of this Ordinance are repealed to the extent of suc h conflict.
Section 10. It is the intention of the Mayor and City Commission of the City of
Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and
be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance
5 ORDINANCE #2024-Q \ lo
may be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section," "article," or other appropriate word.
Section 11. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on Mu r ( h } L , 2024.
PASSED and ADOPTED on second reading on Mar c h 2<.p . 2024.
First Readino
Motion by:'Qrnm16.SJCVIM \.Jcu7Z.e~
Second by: ~ i Cf:., MCU-f ~ I Le VJ
Second Rea \o/;g:
Motion by: ~ c <. H°!-(Y U we,) l?rJ
Second by: C'.0cnrn G<,1 CXJ..er \, )Q Q'.Le ~
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
Unanimous J
Yes No
ARCHIB
MAYOR
APPROVED AS TO FORM AND CORRECTNESS :
6 ORDINANCE #2024-0 I lQ