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<br />ORDINANCE NO. 2002- \ S"Lf <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, RENDERING IT UNLAWFUL FOR <br />ANY ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE OF THE <br />CITY TO CANCEL OR VOID A TRAFFIC SUMMONS ISSUED BY THE <br />CITY'S POLICE DEPARTMENT EXCEPT BY A POLICE OFFICER <br />WHEN THE ISSUANCE OF SUCH SUMMONS WAS IN ERROR; <br />PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR AN INCLUSION INTO THE CODE; PROVIDING FOR <br />AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Mayor of the City of Sunny Isles Beach has made a commitment to <br />ethics on the part of the City; and <br /> <br />WHEREAS, he has received numerous requests for the voiding of traffic summons and <br />has regularly declined to do same; and <br /> <br />WHEREAS, the Mayor would like to have an Ordinance for the record prohibiting such <br />activity except by a police officer under certain circumstances and providing for procedures for <br />those circumstances. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Voiding of Traffic Summons. Citation or Ticket as Unlawful. It shall be unlawful <br />for any elected or appointed official or employee of the City, to cancel, null or void any traffic <br />summons, citation, or ticket which may be issued by the City's police department, provided, <br />however, that when it shall appear to the officer issuing such summons, citation or ticket, that an <br />issuance was made through error or misunderstanding of the facts or law, such police officers <br />shall be entitled to void this summons, citation or ticket utilizing procedures set forth in this <br />Ordinance. <br /> <br />Section 2. Procedures for Voiding by a Police Officer. In the event an officer has <br />determined a summons, citation or ticket has been made through error or misunderstanding of <br />facts or law, such police officer shall void same by marking the summons, citation or ticket void, <br />and affixing his signature thereto, and also attaching a written statement explaining the reasons <br />and facts for his action in voiding the summons, citation or ticket. <br /> <br />Section 3. Repeal of Conflicting Ordinances. All prior ordinances or parts thereof in conflict <br />herewith, are hereby repealed to the extent of such conflict. <br /> <br />Section 4. Severability. The provisions of this Ordinance are declared severable and if any <br />section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid <br />or unconstitutional, such decision shall not effect the validity of the remaining sections, <br /> <br />Ordinance/Traffic Summonses and Ethics/ <br />4/12/02 -2:31 PM/eb <br />