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HomeMy WebLinkAboutOrdinance 592 Parking Infractions ORDINANCE NO. 592 AN ORDINANCE OF THE CITY OF WINTER SPRINGS PROVIDING FOR REFERRAL OF PARKING INFRACTIONS TO A CIVIL TRAFFIC INFRACTION HEARING OFFICER; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 318.30-319.38, Florida Statutes (1994), provide for the establishment of a Civil Traffic Infraction Hearing Officer Program; and WHEREAS, such a program has been established in Seminole County, Florida; and WHEREAS, Section 318.325, Florida Statutes (1994) allows each municipality to refer cases involving violation of a municipal parking ordinance to the hearing officer designated to preside over civil traffic infractions in the county by adopting an ordinance allowing such referrals; and WHEREAS, such referral is in the best interest of the City of Winter Springs, Florida. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER SPRINGS, FLORIDA. Section I: That all violations of the municipal parking ordinance be referred to a h.earing officer designated to preside over civil traffic infractions in the county. Section II: That each violation shall be enforced and disposed of in accordance wiL~ the provisions of general law applicable to parking violations and the Charter and Code of Ordinances for the City of Winter Springs, Florida. Section III: That upon a written request of the defendant contained in a Notice of Appearance or a written plea, the parking infraction case shall be assigned to a county judge regularly assigned to hear traffic matters. Section IV: REPEAL OF LAWS IN CONFLICT. Any municipal ordinances applying to parking infractions in conflict with any provisions of this ordinance are hereby repealed. Section V: SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the Court to be unconstitutional, inoperative or void, such holding shall not affect the validity of the remaining portions of this ordinance. Section VI: CODIFICATION. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part ofthe City of Winter Springs Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention. Section VII: EFFECTIVE DATE. This ordinance shall take effect upon its passage in accordance with Florida law. ENACTED this 28th day of August, 1995. CITY OF WINTER SPRINGS COMMISSION SEMINOLE COUNTY, FLORIDA JOHN F. BUSH, MAYOR ATTEST: MARGO M. HOPKINS CITY CLERK First Reading Augus t 14, 1995 Posted August 15, 1995 Public Hearing and Second Reading August 28, 1995 - -- - --- ~ -- -~ --. --- ----- .---- --- -- -.--- -- _.~ in the SEMINOLE was published in said newspaper in the issue; of 051].3195 Court, NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, . FLORIDA NOTICE IS HEREBY GIVf,JIl by the City Commission of th!l City ()f Winter. Springs, Florida, that said commission WIll hold a Publio Hearing. on an ordi- nance entitled as follows: ,.; "." , 'I ORDINAoNCl NO. 5\la- . ,oV! AN ORDINANCE Ol='rHE' CITV-oF WINTER SPRlNGS', :P1lQ~IOtNG FOR REFERRAL OF PARKING IN- FRACTIONS TO A CIVlL TRAFFIC INFRACTION HEARING OFFICER; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on August 28, 1995, or as saon thereafter as possible in the Commis- sion Chambers, City Hall, 1126 East S.A. 434, Winter Springs, FL 32708. Copies of the proposed ordinance are availabie in the office of the Cily Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordi- nance. PERSONS WITH DISABILITIES NEED- ING ASSISTANCE TOPMllTCIPATE IN ANY OF THESE; PROCEEDINGS SHOULD CONTACT THE !~lOYEE RELATIONS DEPARTMENT ADA CO- ORDINATOR 48 HOURS IN ADVANCE OF TH~' ING AT (4071327-1toO. PE1'lSON ARE AOVISeo THAT IF THEY lot: TO APPEAL ANY DECI- SIONS MADE AT THESE MEETINGSI HEARINGS, THEY WILL NEED A RE- CORD. Fq 'l-iPRgCEEDINGS AND "FO P'fH~ AT~J'~Blm~ .,' ,JlROCEEDINGS IS M LUOES THE TESTI- MONY NCE UPON WHICH THE APPEAL IS BASED, PER SECTION 286.0105 FLORIDA STATUTES. Daledc1~ ~~ ~~fl:~W~Nh~5. Is/Margo M. Hopkins Margo M. HopkinS City Clerk SLS481?74 AUG.13,1995 The Orlando Sentinel Published Daily $52.92 $tatc of jflortba } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Kelly Demmo , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at CASSt:'UlERRY in SEMINOLE - County, Florida; that the attached copy of ;adver;tisement, beinQ a ~l IC [ Of PU Bl I C in the matter of Urdl.nance Num'ber Affiant further says that the said Orlando Sentinel is a newspaper published at CASSELBERRY , in said s: EM I NOl ( County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOl [ County, Florida, each Week Day and has been entered as second-class mail matter at the post office in CAS5;EU3ERRY in said 'SEMlt40LE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of se urin thi advertisement for publication in the said newspaper. day of August , 19~, by who is personally known to me and W 0 (SEAL) r: ""D. .,-"~""..,....."_.-._.........._--,,,~;,,"",,-~.. ,-,--~-"-,-----""',-----,-~-