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.ROOK � t?UE `��1�� <br />JUN 2 � 1994 P <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien - Assistant County Attorney <br />DATE: June 21, 1994 <br />RE: PUBLIC HEARING - June 28, 1994 <br />SUBJECT: PROPOSED ORDINANCE ENTITLED: <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, AMENDING CHAPTER 3051 COURTS, <br />TO INCLUDE A NEW PART IV D. U. I. <br />IMPOUNDMENT AND IMMOBILIZATION TRUST <br />FUND. <br />This item came before the Board on May 24, 1994 and was approved for <br />public hearing. The attached ordinance amends Sections 305 of the <br />Indian River County Code as described above. <br />REQUEST: Staff recommends approval of the attached proposed <br />ordinance. <br />Deputy County Attorney Collins explained the Florida Statute <br />which provides for impoundment and immobilization of a vehicle <br />involved in a DUI. He described how the proposed ordinance would <br />authorize creation of a trust fund for the orderly collection and <br />disbursement of monies collected, and that the funds are to be <br />utilized by the Sheriff for law enforcement purposes. <br />Sheriff Wheeler advised that the impoundment and <br />immobilization program is underway. He explained that M.A.D.D. <br />(Mothers Against Drunk Drivers) had purchased 14 "Clubs" that were <br />being used by Sheriff Department volunteers to immobilize the <br />vehicle at the owner's house. The Club is later removed at the <br />appropriate time. <br />Sheriff Wheeler advised that funds in the amount of $1,020 <br />have been collected already, are being held in a 2 -signature <br />account, and the proposed ordinance was necessary to set up the <br />trust fund. Funds will be used to purchase equipment, such as <br />video cameras for deputies' cars to help DUI enforcement. <br />Commissioner Bird inquired what would happen if an individual <br />was convicted and their spouse required the automobile and Sheriff <br />Wheeler explained that the Judge takes all things into <br />consideration before making his decision. <br />Attorney Collins briefly explained the appeal process, and <br />Sheriff Wheeler advised that they had no problems since the program <br />began. <br />14 <br />J <br />