HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-009L
Temp. Ord. # 1755 ,_
5/28/96
Rev. #1 - 6/6/96
Rev. #2 - 6/11/96
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. O-96-_T
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 2 OF THE
TAMARAC CODE, ENTITLED "ADMINISTRATION", ARTICLE ll,
ENTITLED "CITY COMMISSION", SECTION 2-29, ENTITLED
"REGULAR MEETINGS"; PROVIDING FOR PUBLIC REMARKS
AT CITY COMMISSION MEETINGS FOR QUASI-JUDICIAL
MATTERS; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Courts have deemed certain land use matters as being quasi-judicial in
nature; and
WHEREAS, procedural due process demands that all affected parties be noticed as to
quasi-judicial hearings and be given a right to be heard on such matters; and
WHEREAS, due process demands that the City Commission make determinations on
quasi-judicial matters based only on evidence heard in the course of the quasi-judicial public
hearing proceeding; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best
interest of the citizens and residents of the City of Tamarac to provide for public remarks at public
hearings on quasi-judicial matters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
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Words inyaderscored type are additions.
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Temp. Ord. # 1 i55 _ 2
5/28/96
Rev. #1 - 6/6/96
Rev. #2 - 6/11 /96
TAMARAC, FLORIDA:
SECTION 1: That the foregoing whereas clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The Tamarac Code of Ordinances is hereby amended by revising
§2-29 as follows:
Sec. 2-29. Regular meetings.
(d) Rules governing conduct of spectators at commission meetings. Members
of the public may speak at city commission meetings during public
hearings or at a time to be specified by the mayor or presiding officer or
during the period set aside for public discussion on the city commission
agenda subject to the following:
(1) Members of the public may speak only at times designated by the
mayor or presiding officer.
(2) The mayor or presiding officer may limit the total time allotted to
public discussion and the total number of speakers during
discussion on any ordinance, resolution, motion, workshop item, or
discussion item and may limit the time allotted to each speaker
during discussion on any ordinance, resolution, motion, workshop
item, or discussion item, or during the time designated on the city
commission agenda for public discussion.
When a matter has i n a i i i 1public
remarks shall be limitedhequasi-judicial 12ublig hearing.
fa�JQ Members of the public shall address only the topic being discussed
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Temp. Ord. # 1755
5/28/96
Rev. #1 - 6/6/96
Rev. #2 - 6/11 /96
as determined by the mayor or presiding officer unless discussion
is pursuant to the public discussion item on the city commission
agenda.
{4}L5 Disruptive, belligerent or abusive conduct by any member of the
public is prohibited and shall not be permitted.
(5}kM Any member of the public who violates this section may be
instructed by the mayor or presiding officer to remove himself or
herself from the commission chambers of the city. Upon his or her
failure to do so, a member of the Broward Sheriffs Office shall eject
the person from the commission chambers upon instruction by the
mayor or presiding officer.
(6�M It shall be unlawful for any person to refuse to voluntarily or
involuntarily leave the city commission chambers when instructed
to do so by the mayor or presiding officer.
f7)k. Any person convicted of violating subsection (67) above, shall be
subject to the penalties as provided in section 1-13 of this Code.
SECTION_;, It is the intention of the City Commission and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered,
relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word
or phrase in order to accomplish such intention.
SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions and parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to any
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Temp. Ord. # 1755 4
5/28/96
Rev. #1 - 6/6/96
Rev. #2 - 6/11/96
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect without the invalid provision or application,
and to this end the provisions of this Ordinance are declared to be severable.
,gEQTIQN : This Ordinance shall become effective immediately upon its passage
and adoption. ;
PASSED, FIRST READING this J7- day of +f �r7e' , 1996.
PASSED, SECOND READING this 2-4 day of J .1.e, , 1996.
ATTEST:
CAROL A. EVANS
CITY CLERK
I FAR BY CERTIFY that I
Wave Opproved this /
ORD ANCE as to form!
I`IITCHELL S. KR (FT
CITY ATTORNEY
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MAYOR
DIST.1:
DIST. 2:
DIST. 3:
DIST. 4:
is:
RECORD OF COMMISSION VOTE
AB AM 1
COMM. MCKAYE
V/M MISHKIN
OMM. SCHREIBE
COP MACHEK
4J91/4/-
Al i
CODING: Words in type are deletions from existing law;
Words in underscored type are additions.