HomeMy WebLinkAbout1992-296/s/82(D... LEGAL(TPO/sb) -
ORDINANCE 92- 29, -
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ORDINANCE
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FLORIDA, PROVIDING FOR A "COMBAT,
AUTOMOBILE THEFT" PROGRAM.
WHEREAS, Section 316:008(6), .Florida Statutes, provides for the
establishment of a "Combat Automobile Theft" program by a county_ or
municipality, and .
WHEREAS, it is in the public interest to have such a program in
Indian River County,
NOWT`HEREFORE, 'BE --IT ORDAIN OF
COUNTY COMMISSIONERS OF iiia=. -+= RIVER
that:
SECTION 1. CHAPTER AMENDMENT.
Chapter.306,_Miscellaneous offenses _i_s_hereby amended to read as
follows
Chapter 306. Miscellaneous offenses and programs..
SECTION 2. SECTION AMENDMENT.
A new Section 306:09 is hereby added to read as follows:
Section 306.09; Combat automobile. theft program..:
1. Pursuant to Section 316.008(6), Florida Statutes, there is.
hereby established a "Combat Automobile Theft" , program in Indian
River. County, which shall be known as "Operation Nighthawk". Such
a program shall include:
a. A consent form to be, signed by the motor vehicle
owners whowish to enroll their vehicles; and
b. Bright yellow decals indicating a vehicles' enrollment in
Operation Nighthawk.
he shall: -
a... Expl 'Peration of the
b. Provide authorization fora law enforcement officer to"
stop the vehicle when it is being driven between, the
hours of 1:00 .a.m. and 5:00 a.m., provided that a
decal is conspicuously affixed to the vehicle to provide
notice of its. enrollment in Operation Nighthawk.
a Explain the procedure which will be followed by.a law
enforcement officer making a stop pursuanto Lae
program and advise the motor vehicle owner of the:
proper means by which the driver of the vehicle
should cooperate with the law enforcement officer in
such instance;
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d. Provide that the owner of the motor vehicle is
responsible for removing the decal when terminating
participation�n—the—program; or when selling—o
otherwise transferring ownership of the vehicle and for
notifying the Indian River County Sheriff's Department
in writing of said termination;
e. Clearly provide that participation in'" Operation
Nighthawk is strictly voluntary and may be terminated
at any time; and
f. Include a separate statement to, be signed7by the
owner of the motor vehicle which indicates that the
consent form has been read and understood in its
entirety including the procedures to be followed in a
stop.
3. Operation Nighthawk may be implemented upon approval of
program materials and procedures, including--guidelines---and
procedures
ncluding-;guidelines -and
procedures for making a stop of a vehicle bearing a decal, by the
Sheriff and County Attorney. Such program materials and procedures
may be subject to periodic review and approval by the Sheriff and
County Attorney.
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 2_ day of
July , 1992.
This ordinance was advertised in the Vero Beach Press -Journal
on the 29 day of June , 1992, for a public hearing to be
held on the 28 day of July , 1992, at which time it was
moved for adoption by Commissioner Scurlock and the motion
was seconded by Commissioner Bird and, adopted by
the following vote:
Chairman-Carolyn–I£. Eggert
Aye
Vice Chairman Margaret C. Bowman
Aye
Commissioner Don C. Scurlock, Jr.
Aye
Commissioner Richard N. Bird
Aye
Commissioner Gary C. Wheeler
Resigned
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carolyn Eggert
Chairma
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Attest byE�..�
Je �artnn
Acknowledgment by the Department of State of the State, -..of Florida„
this 3rd day of August , 1992.
Effective date: Acknowledgment for the Department of State received
on this 6th day of August , 1992, at 11_OOa.m./p.m. and filed
in the Office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
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