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HomeMy WebLinkAbout1995-081/ 1 1/ 9 5 (ord\emar sarv) Ok10. ORDINANCE NO. 95- 08 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, RELATING TO MOTOR VEHICLES; ESTABLISHING THE "COMBAT AUTOMOBILE THEFT" PROGRAM, AS AUTHORIZED UNDER THE FLORIDA UNIFORM TRAFFIC CONTROL LAW. WHEREAS, Section 316.008, Florida Statutes, which is part of the Florida Uniform Traffic Control Law, authorizes Florida counties and municipalities to enact ordinances to establish "combat automobile theft" (CAT) programs whereby motor vehicle owners may enroll their vehicles and give written consent to law enforcement officers to stop the enrolled vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly displayed in the lower left corner of the enrolled vehicle's rear window, and WHEREAS, the statute provides that the vehicle owners are responsible for removing the CAT decals when terminating participation or selling or otherwise transferring ownership of an enrolled vehicle, and provides immunity from civil liability for law enforcement officers who stop enrolled vehicles in accordance with program requirements; and WHEREAS, the County has enacted the same program under the title of "Operation Nighthawk" (Section 306.09, Indian River County Code); and WHEREAS, it has been determined by the Florida Department of Law Enforcement that standardization of the program throughout the state will enhance the effectiveness of the program, and WHEREAS, the Sheriff of Indian River County and the Board of County Commissioners want the CAT program established in Indian River County and to provide for the Sheriff to administer it; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT Section 306.09 of The Code of Indian River County, Florida, is amended to read as follows: Section 306.09 - Combat Automobile Theft Program (a) The Florida Uniform Traffic Control Law authorizes counties and municipalities to enact ordinances to establish "combat automobile theft" (CAT) programs whereby vehicle owners may enroll their vehicles giving ORDINANCE NO. 95- 08 advance written consent to law enforcement officers to stop their enrolled vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly displayed in the lower left corner of the vehicle's rear window. (b) A "combat automobile theft" CAT program, as authorized under the Florida Uniform Traffic Control Law, is hereby established in Indian River County, Florida. The program shall include: (1) Consent forms to be executed by motor vehicle owners who enroll vehicles in the program. (2) CAT program decals which conform to the specifications, colors, and design of the uniform CAT decal established by the Florida Department of Law Enforcement for use throughout the state. (3) All other provisions of the "combat automobile theft" program as provided for in the Florida Uniform Traffic Control Law. (c) Administration of the program shall be conducted by the Sheriff of Indian River County, Florida. SECTION 2. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. EFFECTIVE DATE This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21 day of March , 1995. This ordinance was advertised in the Vero Beach Press Journal on the 28 day of February , 1995, for a public hearing to be held on the 21 day of March , 1995, at which time it was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: ORDINANCE NO. 9 5 - 0 9 Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Absent The Chairman thereupon declared the ordinance duly passed and IT adoptedt this � 21 day of March , 1995. LIT a•^z BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA At,2st T., � By �a s ,. N ; = Kenneth R. Macht ,, T reyII K. Batton lerk Chairman .y. ACKNOWLEDGMENT by the Department of State of the State of Florida, this 29th day of March 1995. EFFECTIVE DATE: Acknowledgment for the Department of State received on this 3rd day of �P 1995, at 10 i 5 a.m./p.RX and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida.