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Home My WebLink About2006-035ORDINANCE NO. 2006- 035 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING REPEAL OF THE THREE DOLLAR CIVIL TRAFFIC PENALTY; PROVIDING FINDINGS; AMENDING SECTION 305.08 TO MAINTAIN THE INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND; REPEALING SECTION 305.09 OF THE CODE TO REPEAL THE CIVIL TRAFFIC PENALTY OF THREE DOLLARS; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: PART I: AMENDMENT TO SECTION 305.09 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. Section 1. FINDINGS. It is hereby ascertained, determined, and declared that: A. Indian River County adopted Ordinance No.2002-026, codified in former Part VI of Chapter 305 of the Code, to impose the allowable Three Dollars ($3.00) on each civil traffic penalty assessed in the County in accordance with the 2002 version of Florida Statutes section 318.1215 and create the Indian River County Traffic Education Program Trust Fund; B. Thereafter, Indian River County adopted Ordinance No. 2004-019, codified in Chapter 305 of the Code, to amend and restate portions of the former Chapter 305 to re- impose the allowable Three Dollars ($3.00) on each civil traffic penalty assessed in the County in accordance with the 2004 version of Florida Statutes section 318.121 and re- establish the Indian River County Traffic Education Program Trust Fund; and C. Indian River County now desires to adopt an ordinance to repeal section 305.09 of the Code to remove the allowable Three Dollars ($3.00) from each civil traffic penalty assessed in the County, effective October 1, 2006, and make corresponding changes in section 305.08 of the Code . 1 ORDINANCE NO. 2006- 035 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING REPEAL OF THE THREE DOLLAR CIVIL TRAFFIC PENALTY; PROVIDING FINDINGS; AMENDING SECTION 305.08 TO MAINTAIN THE INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND; REPEALING SECTION 305.09 OF THE CODE TO REPEAL THE CIVIL TRAFFIC PENALTY OF THREE DOLLARS; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: PART I: AMENDMENT TO SECTION 305.09 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. Section 1. FINDINGS. It is hereby ascertained, determined, and declared that: A. Indian River County adopted Ordinance No.2002-026, codified in former Part VI of Chapter 305 of the Code, to impose the allowable Three Dollars ($3.00) on each civil traffic penalty assessed in the County in accordance with the 2002 version of Florida Statutes section 318.1215 and create the Indian River County Traffic Education Program Trust Fund; B. Thereafter, Indian River County adopted Ordinance No. 2004-019, codified in Chapter 305 of the Code, to amend and restate portions of the former Chapter 305 to re- impose the allowable Three Dollars ($3.00) on each civil traffic penalty assessed in the County in accordance with the 2004 version of Florida Statutes section 318.121 and re- establish the Indian River County Traffic Education Program Trust Fund; and C. Indian River County now desires to adopt an ordinance to repeal section 305.09 of the Code to remove the allowable Three Dollars ($3.00) from each civil traffic penalty assessed in the County, effective October 1, 2006, and make corresponding changes in section 305.08 of the Code . 1 Section 2. AMENDMENTS TO SECTION 305.08. Effective October 1, 2006, Section 305.08 of the Code shall be amended as follows: Section 305.08. RE-ESTABLISHMENT MAINTENANCE OF TRAFFIC EDUCATION PROGRAM TRUST FUND. the "DGrb S!GsbeFg DFiveF EdUGatiOR Safety AGt", and QFdiRaRGe Ne. 2002-026, adopted August 2-4, 2002, IndianRiveF County hereby Fe establishes -4 The Indian River County Traffic Education Program Trust Fund, created October 1, 2002 by Ordinance No. 2002-026, and re- established effective July 1, 2004 by Ordinance No.2004-019, shall be maintained by the Clerk and the County for the purposes set forth in Section 305.10 of the Code. Indian River County imposed an additional three dollar ($3.00) fee on all civil traffic penalties issued in Indian River County from October 1, 2002 through and including September 30, 2006. Civil traffic penalties are collectable for several years after the issuance of the civil traffic infraction ticket. Any three dollar ($3.00) fee received on and after October 1, 2006 shall be deposited in the Indian River County Traffic Education Program Trust Fund. Section 3. AMENDMENTS TO SECTION 305.09. Effective October 1, 2006, Section 305.09 of the Code shall be repealed in its entirety as follows: Section1 1• Freservedl ran a PROGRAM ■ •0I r, 1 -;A -■f \. tG •. 318.1215,00 .. .. - PART II: GENERAL PROVISIONS SECTION 1: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION 2. SEVERABILITY. It is declared to be the intent of the Board, that if any section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be construed as not having contained such section, subsection, sentence, clause, or provision, and shall not be affected by such holding. SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Board that the provisions of this ordinance shall become and be made part of the Indian River County Code of Ordinances and that the sections of this ordinance may be renumbered or relettered. i•1 Section 2. AMENDMENTS TO SECTION 305.08. Effective October 1, 2006, Section 305.08 of the Code shall be amended as follows: Section 305.08. RE-ESTABLISHMENT MAINTENANCE OF TRAFFIC EDUCATION PROGRAM TRUST FUND. the "DGrb S!GsbeFg DFiveF EdUGatiOR Safety AGt", and QFdiRaRGe Ne. 2002-026, adopted August 2-4, 2002, IndianRiveF County hereby Fe establishes -4 The Indian River County Traffic Education Program Trust Fund, created October 1, 2002 by Ordinance No. 2002-026, and re- established effective July 1, 2004 by Ordinance No.2004-019, shall be maintained by the Clerk and the County for the purposes set forth in Section 305.10 of the Code. Indian River County imposed an additional three dollar ($3.00) fee on all civil traffic penalties issued in Indian River County from October 1, 2002 through and including September 30, 2006. Civil traffic penalties are collectable for several years after the issuance of the civil traffic infraction ticket. Any three dollar ($3.00) fee received on and after October 1, 2006 shall be deposited in the Indian River County Traffic Education Program Trust Fund. Section 3. AMENDMENTS TO SECTION 305.09. Effective October 1, 2006, Section 305.09 of the Code shall be repealed in its entirety as follows: Section1 1• Freservedl ran a PROGRAM ■ •0I r, 1 -;A -■f \. tG •. 318.1215,00 .. .. - PART II: GENERAL PROVISIONS SECTION 1: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION 2. SEVERABILITY. It is declared to be the intent of the Board, that if any section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be construed as not having contained such section, subsection, sentence, clause, or provision, and shall not be affected by such holding. SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Board that the provisions of this ordinance shall become and be made part of the Indian River County Code of Ordinances and that the sections of this ordinance may be renumbered or relettered. i•1 SECTION 4. EFFECTIVE DATE; FILING WITH DEPARTMENT OF STATE. A certified copy of this Ordinance shall be filed with the Department of State by the Clerk to the Board immediately after adoption of this Ordinance, and this Ordinance shall take effect on October 1, 2006. This Ordinance was advertised in the Vero Beach Press Journal on September 8, 2006, for a public hearing to be held on September 19, 2006. During the September 19, 2006, public hearing, this Ordinance was moved for adoption by Commissioner Wheeler -,and seconded by Commissioner Davis , and adopted by the following vote: Chairman Arthur R. Neuberger Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye Commissioner Sandra L. Bowden Aye DULY PASSED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2006. - Attest: J K: Barton, Clerk BY Dep-uty Clerk INDIAN RIVER COUNTY BOARD OF COUNT COMMISSIONERS B �../ Arthur R. N b rger, Cair an Approved: Iseph A. Baird, County Administrator Approved as to form anal legal sufficiency: arian E. Fell Assistant County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of September, 2006, and becomes effective on October 1, 2006. K SECTION 4. EFFECTIVE DATE; FILING WITH DEPARTMENT OF STATE. A certified copy of this Ordinance shall be filed with the Department of State by the Clerk to the Board immediately after adoption of this Ordinance, and this Ordinance shall take effect on October 1, 2006. This Ordinance was advertised in the Vero Beach Press Journal on September 8, 2006, for a public hearing to be held on September 19, 2006. During the September 19, 2006, public hearing, this Ordinance was moved for adoption by Commissioner Wheeler -,and seconded by Commissioner Davis , and adopted by the following vote: Chairman Arthur R. Neuberger Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye Commissioner Sandra L. Bowden Aye DULY PASSED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2006. - Attest: J K: Barton, Clerk BY Dep-uty Clerk INDIAN RIVER COUNTY BOARD OF COUNT COMMISSIONERS B �../ Arthur R. N b rger, Cair an Approved: Iseph A. Baird, County Administrator Approved as to form anal legal sufficiency: arian E. Fell Assistant County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of September, 2006, and becomes effective on October 1, 2006. K