HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-074Temp. Reso. #12375
July 10, 2013
Page 1 of 3
CITY OF TAMARAC, FLORIDA
-7
RESOLUTION R-2013-
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
TAMARAC ESTABLISHING THE HEARING COSTS PERMITTED
PURSUANT CHAPTER 2013-160, LAWS OF FLORIDA; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS/CS/1-1137125 during the 2013
Legislative Session providing for hearings related to notices of violations connected with
the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the
State of Florida Uniform Traffic Code; and
WHEREAS, the Governor of the State of Florida signed CS/CS/1-1137125 into law
on June 12, 2013, resulting in the Chapter. 2013-160, Laws of Florida taking effect on
July 1, 2013; and
WHEREAS, City Ordinance 2013-10 incorporates Chapter 2013-160, Laws of
Florida, (new state law) into the City Code which permits red light camera violators to
request a hearing with the City's Special Magistrate to contest a Notice of Violation; and
WHEREAS, pursuant to the new state law, the violator may cancel the requested
hearing by paying the Notice of Violation and Fifty ($50) dollars in administrative costs
before the start of the hearing; and
WHEREAS,
the new state
law
provides
that if the violator appears
for
the
hearing, does not
timely cancel
the
requested
hearing, or fails to appear
at
the
requested hearing, and the notice of violation is upheld, the violator shall pay municipal
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Temp. Reso. #12375
July 10, 2013
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costs not to exceed Two Hundred and Fifty ($250) dollars, in addition to any fees
assessed for the Notice of Violation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct, and are incorporated herein by this reference.
Section 2: Pursuant to the new state law, when a recipient of a red light
camera Notice of Violation requests a hearing, but cancels the hearing before it starts, a
$50 fee shall be assessed and payable to City, in addition to the violation fine.
Section 3: The City of Tamarac's Code Enforcement Special Magistrate shall
assess municipal costs in an amount of $125.00 in addition to amounts owed under the
Notice of Violation where the violator requests a hearing, appears for the hearing, does
not timely cancel the requested hearing, or fails to appear at the requested hearing, and
the Notice of Violation is upheld.
Section 4: All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there, is conflict or inconsistency.
Section 5: If any section, sentence, clause, or phrase of this resolution is held to
be invalid or unconstitutional by any court of competent jurisdiction, then such holding
shall in no way affect the validity of the remaining portions of this resolution.
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Temp. Reso. #12375
July 10, 2013
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Section 6: This resolution shall become effective upon its passage and adoption
by the City Commission.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS
ATTEST:
/ 0 DAY OF
PATRICIA TEUf��LI, CMC
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
8*WE-L S. GOREN
CITY ATTORNEY
K3
2013.
U i"Y OF TAMARAC FL4RIDA
BETH TALABISCO, -MAYO
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO Ll-f'-ej
DIST 1: COMM. BUSHNELL Z16O
DIST 2: COMM. ATKINSGRA
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER