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Home My WebLink AboutO-2005-041 Imprisonment Term AmendORDINANCE NO. 2005-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1-8, "GENERAL PENALTY; CONTINUING VIOLATIONS; VIOLATION AS PUBLIC NUISANCE" TO AMEND THE IMPRISONMENT TERM FROM A PERIOD NOT EXCEEDING NINETY (90) DAYS TO A PERIOD NOT EXCEEDING SIXTY (60) DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 1, "General Provisions", Section 1-8, "General Penalty; continuing violations; violation as public nuisance", of the City Code of Ordinances is amended to read as follows: 0 Chapter 1. General Provisions. Section 1-8. General Penalty; continuing violations; violation as public nuisance Whenever in this Code, or in any ordinance or resolution of the city, or rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it, any act is prohibited or is declared to be unlawful, or the doing of any act is required or the failure to do any act is declared unlawful and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation or order shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a period not exceeding ninety (90) sixty (60) days, or by both such fine and imprisonment. Each day any violation or any provision of this Code or of any such ordinance, resolution, rule, regulation or order shall continue shall constitute a separate offense. 0 0 0 0 Section 2. That if any section, clause, sentence or phrase of this 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be in force and take effect immediately upon adoption. PASSED on first reading on November 8, 2005. PASSED and ADOPTED on second reading on November 22, 2005. 0" L."a" ES T: LOUISE STILSON CITY CLERK ANNE CASTRO MAYOR —COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO — YES COMMISSIONER MCELYEA - ABSENT VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TOIYORM AND CORRECTNESS: BY: CITY ATTORNEY 2 ORDINANCE 92005-041 CITY OF DANIA BEACH �W W11 TO: Mayor and Commission Ivan Pato, City Manager Larry Leeds, Community Development Director Tim Ryan, City Prosecutor Bryan Cowart, Chief of Police CC: Louise Stilson, City Clerk FROM: Thomas J. Ansbro, City Attorney DATE: October 14, 2005 RE: Proposed Amendment to Section 1-8, City Code of Ordinances; Maximum Imprisoament Term for City Ordinance Violations In order to avoid any difficulties with a possible legal challenge to the penalty provisions of the City Code of Ordinances, it is proposed that the maximum imprisonment term for violation of a City ordinance be reduced from ninety to sixty days. This is advisable in light of a court ruling we have reviewed. This is ready for City Commission consideration. TJA:slw Attachment 0 40 SUN -SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARDIPALM BEACH/MIAMI DADE BEFOR ERSIGNEDAUTHORITY, PERSONALLY APPEARED WHO, ON OATH, SAYS THAT Ft5/8�iE_ IS A bULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A: NOTICE OF HEARING IN THE MATTER OF: Ordinance 2005 041 IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: 10/28 12590038 AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PURPOSE OF SECU_RING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPff (SICNATURE OF AFFIANT) SWORN TO AND SUBSCRIBED BEFORE ME ON: 28-October-2(105(. A.D. - N690041A - iigb-ii= " - -__ .... _% 7 11 10V I I Commission # D0326508 soncledrroyirh.ftew".ft. JMM540is (NAME OF NOTARY, TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN PRODUCED IDENTIFICATION OR NOTICE OF HEARING BEFORE CITYCOMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS GIVEN that on NovemDe( 8, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commis- sion of the City of Dania Reach, Florida, will con- duct a public hearing in the Commission Chamber at Dania Beach City Hall_ 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinance: -. ORDINANCE NO. 2005- 041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 1, -GENERAL PROVISIONS", SECTION 1- 8, "GENERAL PENALTY; CONTINUING VIOLATIONS; VIOLATION AS PUBLIC NUISANCE" TO AMEND THE IMPRISONMENT TERM FROM A PERIOD NOT EX- CEEDING NINETY (90) DAYS TO A PERIOD NOT EXCEEDING SIXTY� (60) C,AYS. PROVIDING ::.FOR SEVERABILITY PROVIDING FOR CONFLI&S; FUR- THER, PROVIDING FOR AN EFFECTIVE DATE. I I Copies of the proposed Ordinance are on file in the office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected b the public during normalUl- ness hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the pro- posed. Any person who decides to appeal any de- cision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the pro- ceedings is made, which record includes the testl- mony and evidence upon which the appeal is to be based. in accordance with the American with Disabilities Act, persons needing as- sistance to participate In any of the proceedings should contact the City Clerk' s Office, 100 West Dania Beach Boulevard, Dania Beach. Florida 33004, (954) 924-3622 at ,least 48 hours prior to the !s/ Louise Stilson City Clerk October 28. 2005 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS GIVEN that on November 8, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinance: ORDINANCE NO. 2005-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1-8, "GENERAL PENALTY; CONTINUING VIOLATIONS; VIOLATION AS PUBLIC NUISANCE" TO AMEND THE IMPRISONMENT TERM FROM A PERIOD NOT EXCEEDING NINETY (90) DAYS TO A PERIOD NOT EXCEEDING SIXTY (60) DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. Run in Sun Sentinel: October 28, 2005 0 /s/ Louise Stilson City Clerk