AGENDA MEMORANDUM

 

 

Meeting Date: March 24, 2008

 

From: Chief William J. Chrisman

 

Subject: Ordinance [b1]  AmendingChapter 15-14 of the Code of Ordinances, Youth ProtectionOrdinance amending Chapter 15-14 of the Code of Ordinances, Youth Protection

 

 

Staff Recommendation:

Staff recommends approval of amendment of the Youth Protection Ordinance, Chapter 15-14 of the Code of Ordinances.

 

Analysis:

The changes to Chapter 15-14 will revise language pertaining to Sections I, II, III, and IV to give law enforcement officers and the courts the ability to properly enforce the City Youth Protection Ordinance as it relates to penalties.

 

Youth and adults who knowingly provide false information to officers who are detaining a youth for the purposes of the Youth Protection Ordinance shall be guilty of a separate and independent violation and will be guilty of a civil infraction, subject to the recommended penalties.

 

Options:

1. Approve the amendments to Chapter 15-14; or

2. Such alternative action as the Commission may deem appropriate

 

Fiscal Impact:

 

None.

 

Submission Date and Time: 3/19/2008 6:08 PM3/19/2008 6:02 PM____

 

Department: ______________________

Prepared by: ______________________

Attachments: Yes____ No ______

Advertised: ____Not Required ______

Dates: __________________________

Attorney Review : Yes___ No ____

_________________________________

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance Dept. __JB______________

Deputy C.M. ___________________

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget ______________________

 

Available _____________________


ORDINANCE NO.________________

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING CHAPTER 15-14 OF THE CODE OF ORDINANCES, PERTAINING TO YOUTH PROTECTION AND PENALTIES; REPEALING ANY CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

15-14(i) of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended to

read as follows:

 

(i) Penalties.

(1) A minor who violates this section is guilty of a civil infraction for which the

following penalties shall be imposed:

 

(a) For a first violation, a fine of $50.00;

(b) For a second violation, a fine of $100.00;

(c) For a third or any subsequent violation, a fine of $250.00.

(d) For a second or subsequent violation, police department personnel may request that a petition be filed in Circuit Court in accordance with F.S. Ch. 984, Children and Family in Need of Services.

 

(e) It shall be considered a separate and independent violation, subject to the same penalties outlined above, if a minor taken into custody under this section provides any false or knowingly misleading information to police personnel regarding his or her identity or address, name(s) and address(es) of parents or guardians, or the identity or address of any person to whom the minor is released from custody.

 

(2) A parent, guardian or other person at least twenty-one (21) years of age having custody and control of a minor who violates this section is also guilty of a civil infraction and shall pay a fine of $50.00 for the first violation and $500.00 for each subsequent violation.

 

(3) Any person, whether or not the parent or guardian, who knowingly provides any false or misleading information to police when retrieving from custody any minor apprehended for violating this section shall be guilty of a civil infraction and pay a fine of $500.00 for each violation.

 

(4) A business operator who violates this section is guilty of a civil infraction and shall pay a fine of fifty dollars ($50.00) for the first violation and a fine not exceed five hundred dollars ($500.00) for subsequent violations.

 

(5) Any person cited for any violation of this section, who does not pay the prescribed fine and who subsequently fails to appear in court to answer the citation, may in the discretion of the court be summoned by rule to show cause to appear and show cause why he or she should not be subjected to an enhanced civil penalty and the court may, in that proceeding, impose an enhanced fine for the cited violation not to exceed twice the amount of the maximum fines otherwise prescribed by this section. Any person who does not pay the fine or appear in court to answer the citation issued under this section, on more than one occasion, may in the show cause proceeding be sentenced to up to ten days in the county jail.

 

SECTION II.

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

 

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

This ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the

City of Leesburg, Florida, held on the _______day of , _______________ 2008.

 

 

THE CITY OF LEESBURG, FLORIDA

 

 

BY: _______________________________

Mayor

 

ATTEST:

 

 

___________________________________

City Clerk

 


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