HomeMy WebLinkAboutResolution 2004-17 1
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RESOLUTION 2004 -17
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
1 CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A CITATION
1 FORM IN ACCORDANCE WITH ORDINANCE NO. 06 -2004; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 20, 2004, the City Council of the City of Cape Canaveral, Florida,
1 i adopted Ordinance No. 06 -2004 authorizing the issuance of citations for certain code violations under
I Chapter 162, Florida Statutes; and
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WHEREAS, in accordance with Ordinance 06 -2004 the City Council desires to adopt a
c itation form to be used for citing violators of certain provisions of the Cape Canaveral Code as
authorized by Section 2 -288 of the City of Cape Canaveral Code; and
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WHEREAS, the City Council deems that this Resolution is in the best interests of the public
health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT:
1 C Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and hereby fully incorporated herein by reference.
Section 2. Citation Form Adopted. The citation form attached hereto as Exhibit "A" is
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hereby adopted and approved as the citation form for purposes of issuing citations under Ordinance
1 No. 06 -2004, and Chapter 162, Florida Statutes. Exhibit "A" is hereby fully incorporated herein by
this reference. The City Manager is hereby authorized to make minor amendments to the citation
form for purposes of printing the citation forms, correcting technical mistakes or inconsistencies on
the form, and updating the form to comply with applicable law.
Section 3. Printing Citations. The City Manager is hereby authorized to have the
c itation form printed by a printing company in booklet form, in a manner deemed appropriate by the
City Manager in consultation with the City's Code Enforcement Officers.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
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City of Cape Canaveral, Florida
Resolution No. 2004 -17
Page 1 of 2
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Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 6. Effective Date. This Resolution shall become effective immediately upon its
adoption by the City Council of the City of Cape Canaveral, Florida.
Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 4th day of May, 2004.
C:.://) C.,. v\ c.:
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog Second
Susan tills, CITY CLERK Steve Miller X
Jim Morgan Motion
Rocky Randels X
i APPROVED AS TO LEGAL FORM
1 AND SUFFICIENCY FOR THE CITY Richard Treverton X
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x OF C CANAVERAL ONLY:
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1 Anthony A. Garganese, CITY ATTORNEY
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City of Cape Canaveral, Florida
1 Resolution No. 2004 -17
Page 2 of 2
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CODE ENFORCEMENT CITATION NO.:
ISSUING AGENCY: CITY OF CAPE CANAVERAL
This citation is issued under Chapter 2, Article VI, Division 3 of the Code of Ordinances, City of
Cape Canaveral Code and Chapter 162, Florida Statutes. The undersigned officer certifies that, upon
personal investigation, he /she has reasonable and probable grounds to believe, and does believe, that on:
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Day of the Week: Month: Day: Year: Time ❑ AM ❑ PM
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First Name: MI: Last Name:
3 Street Address:
City: State: Zip Code: Phone No.:
DOB: Race: Sex: Height:
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Did commit a violation of Chapter 2, Article VI, Division 3 of the Code of Ordinances City of Cape Canaveral, specifically:
l ❑ § 38 -82 (Private use or display of fireworks)
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Facts Constituting Reasonable and Probable Cause:
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Location of Violation:
l Penalty: $ for each violation.
Each day such violation shall continue shall be deemed to constitute a separate infraction.
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Signature of Officer: Time of Issuance: ❑ AM ❑ PM
I Print Name/Title of Officer:
i Date of Issuance: / / Issued by: ❑ Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator ❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Specify
Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to Chapter 2, Article VI, Division 3 of the Code of Ordinances,
{ City of Cape Canaveral and Chapter 162, Florida Statutes. Any person who is issued and receives this
Citation shall immediately cease the act for which the Citation was issued. Upon receipt of this Citation, the
1 violator shall elect either to:
1 (1) Within fourteen (14) days of receipt of this Citation, not including weekends and legal .
holidays, pay to the City of Cape Canaveral the civil penalty stated above. Payment must be made in U.S.
3 Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of
) Cape Canaveral, Attention: City Manager, at 105 Polk Avenue, Post Office Box 326, Cape Canaveral,
s Florida 32920. You must include a copy of this Citation with your payment;
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(2) Within twenty-one (21) days of receipt of this Citation, not including weekends and legal
holidays, request an administrative hearing before the County Court to appeal the issuance of this Citation
t in accordance with the applicable procedures set forth in the Cape Canaveral Code. All such requests for a
hearing shall be made in writing to the Cape Canaveral City Manager at 105 Polk Avenue, Post Office Box
326, Cape Canaveral, Florida 32920. Failure to request such a hearing in writing within the twenty-
° one (21) day time period shall constitute a waiver of the violator's right to a hearing and such waiver
shall be deemed an admission of the violation and judgment may be entered against you for an
1 amount up to the maximum civil penalty. If the County Court finds that a violation exists, the County
Court may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution
and legislative assessments, plus applicable court costs.
The above remedies are not exclusive.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and
accept this Citation is a second degree misdemeanor punishable by a fine and/or 60 days in jail as provided
by § 775.082 or § 775.083, Florida Statutes.
J Signature of Violator: Date:
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Original - To Be Retained by City Yellow Copy - To be Retained by Violator
EXHIBIT "A"
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