HomeMy WebLinkAboutVI(C) Resolution No. 96-26, Regarding Prosecution of City Ordinance Violations in County Court (
AGENDA 9-17-96
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI C
/OCOee S.SCOTT VANDERGRIFT
� COMMISSIONERS
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CITY OF OCOEE RUSTY JOHNSON
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j ' a. SCOTT ANDERSON
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JIM GLEASON
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'� OF G00p�' ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: September 13,1996
RE: RESOLUTION FOR CITY ORDINANCE PROSECUTION
As a result of our last Joint Meeting with Apopka and Winter Garden, Attorney
Ross suggested that we ask the court to begin prosecuting local ordinances if
said ordinances are uniform within the communities.
The Resolution attached supports this position.
Respectfully Submitted,
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Attachment
? KUM JUHN t; t1HNVLtK KU r , uu [
JOHN CHANDLER ROSS
ATTORNEY AT LAW
POST OFFICE BOX 1
APOPKA, FLORIDA 327044001
(407)381.4154
September 11, 1996
Mr. Ellis Shapiro, City Manager
City Of Ocoee
Via Facsimile Transmission
Re: Resolution for City Ordinance Prosecution
Dear Mr. Shapiro:
As you recall, one of the subjects of common concern discussed at the joint meetings of the
City Councils of Apopka, Ocoee, and Winter Garden, has been the prosecution of city
ordinance violations in County Court. The County Court has already adopted procedures for
the prosecution of three categories of city ordinance violations:
1. violations of city ordinance parking violations initiated by issuance of a city
parking violation notice and heard by a civil traffic hearing officer in the
Traffic Division of the,County Court;
2. violations of city ordinances of the nature generally heard by the city Code
Enforcement Board which are.intiated by the issuance of a Uniform Code
Citation and heard by a County Judge in the Criminal Division of the County
Court;
3. violations of arrestable city ordinance violations initiated by arrest or issuance
of a "Notice to Appear" form and heard by a County Judge in the Criminal
Division of the County Court.
The first two categories of ordinance violations can be prosecuted without the necessity of a
lawyer/prosecutor. The officer or employee who issues the city citation appears in court and
presents the case just as officers who issue state traffic citations currently do. The third
category of city ordinance prosecutions would require a lawyer/prosecutor to file an
"information" or official prosecutor charging document and present the case to the judge.
The City of Orlando is currently prosecuting the three categories of their city.ordinances in
the county court. However, when I contacted the Clerk of Court- Criminal Division of the
County Court, 1 was advised they were reluctant to allow the other municipalities in Orange
County to file ordinance violation cases with their office.
FROM JOHN CHANDLER ROSS r . uuJ
Ellis Shapiro, City Manager
September 12, 1996
page two
After my presentation on the topic of city ordinance prosecution and my discussion of the
implementation problems associated with the Clerk of the Courts, the City Councils of
Apopka, Ocoee, and Winter Garden voted that the cities adopt a Resolution requesting the
Clerk of Court or her designee to meet with city representatives to discuss and implement
procedures for the prosecution of city ordinances.
Enclosed is a draft of such a Resolution for consideration by the City Council of Ocoee.
The formal Resolution with the appropriate signatures should be prepared by the city in the
appropriate format.
Hollis Holden, City Manager for Winter Garden, is anxious for this matter to be resolved
and has requested that each city, in the interests of time, pass their own resolution. Please
telephone Mr. Holden at 656-4111, extension 2246, to discuss this matter and coordinate
the deivery of the Resolutions and the future meeting with the Office of the Clerk of Courts.
Very truly yours,
John Chandler Ross, Esquire
RESOLUTION NO. 96 - 26
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
REGARDING THE PROSECUTION OF MUNICIPAL ORDINANCE
VIOLATIONS IN COUNTY COURT.
WHEREAS, the Cities of Apopka, Ocoee and Winter Garden are
located in the western part of West Orange County in close geographical
proximity to each other and face common governmental issues; and
WHEREAS, the Cities of Apopka, Ocoee and Winter Garden have
been meeting jointly to discuss and address issues of common
governmental concern; and
WHEREAS, the Cities of Apopka, Ocoee and Winter Garden have
determined that there are public health, safety, and welfare concerns
within their cities which are not adequately addressed by state law and
which can be adequately addressed by their city ordinances; and
WHEREAS, various provisions of the Florida Constitution and
state laws regarding the enforcement and prosecution of city ordinances
mandate, in no uncertain terms, that all prosecutions of city ordinances
shall be in the County Court; and
WHEREAS, representatives of the Cities of Apopka, Ocoee and
Winter Garden have met with the Chief Judge of the Ninth Judicial
Circuit, in and for Orange County Florida, who concurred in the cities'
legal opinion that ordinance prosecutions must be conducted in the
county court and who informed the cities' representatives of
Administrative Order Numbers 07-94-40 and 07-94-49 which set forth
procedures for the enforcement of city ordinances in the county court;
and
WHEREAS, the Office of the State Attorney for the Ninth
Judicial Circuit of Florida has informed representatives of the Cities
of Apopka, Ocoee and Winter Garden that their office will not be able to
prosecute municipal ordinance violations due to their current caseload
volume and budget and manpower limitations .
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of
the City of Ocoee? Florida hereby requests the Honorable Fran Carlton,
Clerk of the Courts, and/or her designated representatives, meet with
city representatives to discuss the procedures and fees necessary for
the prosecution of City of Ocoee ordinance violations in the County
Court of the Ninth Judicial Circuit, in and for Orange County, Florida.
PASSED AND ADOPTED this day of September, 1996 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON THE ABOVE DATE
this day of , 1996 . UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
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