ORDINANCE NO. 96-06

AN ORDINANCE ADOPTING STATE CRIMINAL AND TRAFFIC CODES WITHIN THE TOWN OF SHALIMAR.

WHEREAS, Traffic Control, Licensing and Penalties are areas of State law which are particularly important in the Town of Shalimar; and

WHEREAS, the State law creating Misdemeanors, Felonies and Infractions and creating penalties are important to the protection of citizens of the Town of Shalimar; and

WHEREAS, "Misdemeanors", as contained in the law of Florida, are incorporated in municipal Chapter 34 of the Code of Ordinances; and

NOW THEREFORE, IT IS ORDAINED BY THE TOWN COMMISSION OF SHALIMAR FLORIDA, AS FOLLOWS:

Section 1. SECTION 34.1, which presently reads as follows:

It shall be unlawful to commit, within the Town limits, any act which is or shall be recognized by the laws of the state as a Misdemeanor, and such Misdemeanors are adopted by reference. Any violation of applicable State Statute shall constitute a violation of this code and shall be punishable as provided in section 1-14.
Shall be amended to add "felonies" as violations of Town Ordinances, such that the Ordinance will read as follows:
It shall be unlawful to commit, within the Town limits, any act which is or shall be recognized by the laws of the State of Florida as either an infraction, a misdemeanor, or a felony, and such infractions, misdemeanors, or felonies, are adopted by reference. Any infraction of an applicable State Statute shall constitute a violation of this code and shall be punishable as provided in Section 1-14.

Section 2. The following sections shall be added to Chapter 24 of the Code of Ordinances of the Town of Shalimar.

SECTION 34.5. Any violation of a State Infraction, Misdemeanor, or Felony Statue shall be designated by the municipal police officials responsible as a "Chapter 34 Violations" together with the appropriate State Statutory reference.

SECTION 34.6. Chapter 50 of the Code of Ordinances of the Town of Shalimar shall be amended by adding each of the following sections:

Section 3. The following shall be added to Chapter 50, of the Code of Ordinances of the Town of Shalimar:

SECTION 50.4 FLORIDA STATE STATUTE CHAPTER 316 ADOPTED.
The Town of Shalimar does hereby adopt Chapter 316 of the Florida Statues entitled "State Uniform Traffic Control," including the penalties provided by the Statue, for the regulation of traffic upon the streets and highways of the Town of Shalimar, and the decisions and amendment heretofore made or which shall be hereinafter made which effect or interpret the above Statutes are also intended to be incorporated within the Ordinances of the Town of Shalimar.

SECTION 50.6 FLORIDA STATE STATUTE CHAPTER 320 ADOPTED.
The Town of Shalimar does hereby adopt Chapter 320 of the Statutes entitled "Motor Vehicle Licenses," including the penalties provided by that Statute, for the regulation of motor vehicle licenses upon the streets and highway of the Town of Shalimar, and the decisions and amendments heretofore made or which shall hereinafter be made which effect or interpret the above Statutes are intended to be incorporated within the provisions of the ordinances of the Town of Shalimar.

SECTION 50.7 FLORIDA STATE STATUTE CHAPTER 322 ADOPTED.
The Town of Shalimar does hereby adopt Chapter 322 of the Florida Statute entitled "Driver's licenses," including the penalties provided by that Statue, for the regulation of driver's licenses upon the street and highways of the Town of Shalimar, and the decisions and amendments heretofore made or which shall be hereafter made which affect or interpret the above Statutes are intended to be incorporated within the provisions of the ordinances of the Town of Shalimar.

SECTION 50.8 PENALTIES.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this section shall be punished by a fine not to exceed $250.00 (two hundred fifty dollars) or by confinement in county jail at the discretion of the county judge.

SECTION 50.9 VIOLATION.
 Any violation of a municipal traffic ordinance which is also a state traffic statute shall be referenced by the municipal police official as a "Chapter 50 violation" together with the appropriate state statutory violation.

PASSED AND ADOPTED ON 19TH DAY OF MARCH, 1996

Date of First Reading: February 13, 1996

Date of Second Reading: March 19, 1996