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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-016b Temp. # 282 This Ordinance Introduced BY; CITE' OF TA.MARAC, FLORIDA ORDINANCE NO. r+ AN ORDINANCE PROVIDING FOR THE ADMINISTRA- TION OF MUNICIPAL COURT; PROVIDING FOR A JUDICIAL ADMINISTRATOR; PROVIDING FOR THE TAKING OF COURT COSTS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Supreme Court of the State of Florida has promulgated a Rule of Municipal Courts known as "Transition Rule 20", and WHEREAS, the legislature of the State of Florida has provided by the enactment of Chapter 74-386, et seq. that certain costs be included in the determination of civil penalties imposed by Florida Statute, Chapter 318 (1974) and has further provided that these costs be included in the determination of the civil penalties imposed by Florida Statute, 316, and WHEREAS, the Supreme Court of the State of Florida, sitting in its January term, A.D., 1975, did amend the "Transition Rule 20" to allow for the collection of said costs, if authorized by local rule, and WHEREAS, the City Council of the City of Tamarac, Florida, has determined upon advice and investigation, that it would be in the best interests of the City of Tamarac, Florida, to promulgate, by Ordinance, a rule allowing for the deduction of costs taxed from the penalties imposed, NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: �1 �cl`t�lTw-—„_'� shall be the Judicial Administrator of the Municipal Court and said Judge shall be charged with any and all responsibilities 1 attendant thereto. SECTION 2: Where no hearing is required or held to determine the disposition of a citation and/or arrest result- ing from a traffic violation occurring within the City of Tamarac, Florida, and where the offender admits the commission of the offense by forf:eating a bond or paying the penalty, the following costs may be deducted from the penalty by the Clerk's Office: (i) One Dollar ($1.00) for all infractions of bicycle regulations'. Section 316.11, of Florida Statutes, and infractions of pedestrian regulations, Section 316.057 of Florida Statutes; (ii) Three Dollars ($3.00) for all non-moving traffic infractions; and (iii) Five Dollars ($5.00) for all moving violations. SECTION 3: Nothing in this Ordinance contained shall be construed to obviate the collection of costs as otherwise provided in Traffic Court Rule 6.470 as same may be amended from time to time, or to obviate the collection of costs to be assessed under Florida Laws, Chapter 74-386, Section 8, Sub - Section 3 and Section 8, Sub -Section 5, the same being Florida Statutes 94.25 (Section 3) and 943.25 (Section 5), Florida Statutes Annotated (1975). SECTION 4: In addition, nothing herein contained shall be construed to be in conflict with any and all other Traffic Court Rules promulgated by the Supreme Court of the State of Florida. SECTION 5: Should any section or provision of this Ordinance or any portion hereof or any paragraph, sentence or -2- F� word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 6: This Ordinance becomes effective immediately upon its final passage. ATTEST: PASSED FIRST READING this 2 9 day of A9s ,,, 1975. PASSED SECOND READING this !y day of-) aa� 91975. PASSED THIRD READI C CLERK u RECORD OF COUNCIL VOTE Mayor Johnson Vice Mayor Tucker Councilwoman Lange Councilwoman Massaro Councilman Glicksman I HERESY CERTIFY that I have approved the form and correctness of this ORDINANCE. 41 5.