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69-94 ORDINANCE NO. 69-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 70, "TRAFFIC REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 70.03, "COMBAT AUTOMOBILE THEFT PROGRAM", PURSUANT TO SECTION 316.008(6), FLORIDA STATUTES, PROVIDING FOR ADMINISTRATION OF THE PROGRAM; PROVIDING FOR AN ADMINISTRATIVE FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the high rate of automobile theft is a detriment to the health, safety and welfare of the citizens of Delray Beach; and WHEREAS, pursuant to Section 316.008(6), Florida Statutes, the State legislature has authorized municipalities to establish "Combat Automobile Theft" programs whereby motor vehicle owners may enroll their vehicles in the program in order to assist in the reduction of automobile theft; and WHEREAS, the City Commission of the City of Delray Beach has determined that such a program is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That Title VII, "Traffic Code", Chapter 70, "Traffic Regulations", of the Code of Ordinances of the City of De'lray Beach, Florida, be, and the same is hereby amended by enacting a new Section 70.03, "Combat Automobile Theft Program", to read as follows: Section 70.03 COMBAT AUTOMOBILE THEFT PROGRAM. (A) The Delray Beach Police Department shall implement an automobile theft prevention program to operate as follows: (1) Motor vehicle owners who desire to enroll their vehicles in the automobile theft prevention program shall execute consent forms which will authorize the owners involvement in the program. A consent form signed by a motor vehicle owner provides authorization for a law enforcement officer to stop the vehicle when it is being driven between the hours of 1 a.m. and 5 a.m., provided that a decal is conspicuously affixed to the bottom left corner of the back window of the vehicle to provide notice of its enrollment in the "combat automobile theft" program. (2) The "Combat Automobile Theft" Program decals shall conform to the specifications established by the Florida Department of Law Enforcement. The decals shall be yellow in color and will be issued to owners who enroll in the program. The decal shall be placed on the bottom left corner of the back window of the automobile. (3) An administrative fee of $1.00 shall be established to cover costs of the program. The Police Department shall collect the fees from all program participants. (B) The vehicle owner shall be responsible for removing the decal when terminating participation in the program, or when selling or otherwise transferring ownership of the vehicle. (C) No civil liability will arise from the actions of a law enforcement officer when stopping a vehicle with a yellow decal, evidencing enrollment in the program, when the driver is not enrolled in the program provided that the stop is made in accordance with the requirement of the "Combat Automobile Theft" Program. (D) This program shall be implemented upon issuance of written program materials and procedures by the Police Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of September , 1994. ATTEST: J City.Cl~rk ' First Reading September 13, 1994 Second Reading September 27, 1994 - 2 - ORD. NO. 69-94 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .~ SUBJECT: AGENDA ITEM $ /O H - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 69-94/CQMBAT AUTOMOBILE THEFT PROGRAM DATE: SEPTEMBER 22, 1994 This is second reading and public hearing for Ordinance No. 69-94 which amends Chapter 70, "Traffic Regulations", of the City's Code by enacting Section 70.03, "Combat Automobile Theft Program" Pursuant to Florida Statute Section 316.008(6), the State legislature has authorized municipalities to establish such programs to assist in the reduction of automobile theft. Vehicle owners desiring to enroll in the program will be issued a decal to affix to the bottom left corner of the back window. The presence of this decal authorizes a 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. The ordinance provides for administration of the program and for an administrative fee of $1.00. At first reading on September 13, 1994, the Commission passed this ordinance by unanimous vote. Recommend approval of Ordinance No. 69-94 on second and final reading. ref:agmemol5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF SEPTEMBER 13, 1994 ORDINANCE NO. 69-94 DATE: SEPTEMBER 9, 1994 This is first reading of an ordinance amending Chapter 70, "Traffic Regulations", of the City's Code by enacting Section 70.03, "Combat Automobile Theft Program". Pursuant to Florida Statute Section 316.008(6), the State legislature has authorized municipalities to establish such programs to assist in the reduction of automobile theft. Vehicle owners who desire to enroll in the program will be issued a decal to affix to the rear window. The presence of this decal authorizes a law enforcement officer to stop the vehicle when it is being driven between the hours of 1 a.m. and 5 a.m. The ordinance provides for administration of the program and for an administrative fee of $1.00. Recommend approval of Ordinance No. 69-94 on first reading. If passed, public hearing on September 27, 1994. [lTV OF DELRrlV BEII[H CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR TO: David Harden, City Manager FROM: ' Eric D. Hightower, Police Legal Advisor DATE: August 3, 1994 SUBJECT: Combat Automobile Theft Program Ordinance Attached for your consideration is a copy of a proposed ordinance establishing a Combat Automobile Theft Program. The City Attorney's Office has reviewed the ordinance and finds it legally sufficient. This ordinance will set up a program which will allow citizens to purchase a decal to affix to their vehicle. This will allow our officers to stop that vehicle between 1:00 a.m. - 5:00 a.m. to check to see if the vehicle has been stolen. This program has been authorized by F.S. 316.008(6) which allow municipalities to establish such a program. The ordinance will authorize a $1.00 administrative fee to cover all costs. Also, per F.S. 316.008(6) no additional civil liability will be incurred by the City or our officers when an automobile is stopped in accordance with the requirements of the program. Feel free to contact me or Officer Jeffrey Miller if you have further questions regarding the program. If this ordinance meets with your approval, please place the ordinance on the Commission agenda at your earliest convenience. Thank you for your time and patience in ths matter. EDH:lbg c: Chief Richard Overman Susan Ruby, City Attorney Barbara Garito, Deputy City Clerk encl.