ORDINANCE NO. 17-05

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA;AMENDING CHAPTER 12, POLICE, REPEALING SECTION 12-4, RELATING TO THE AUTHORITY OF POLICE TO ACCEPT BONDS; AND REPEALING ARTICLE III, AUXILIARY POLICE FORCE, IN ITS ENTIRETY;PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town Council, in 2015, established a Code Review Task Force to review the existing code, particularly provisions other than those recently addressed, and provide recommendations for update; and

WHEREAS, in its’ report dated October 17, 2016,the Code Review Task Force recommended Code Section 12-4 and Code Sections 12-32 through 12-41 (Auxiliary Police Force) be repealed as obsolete; and

WHEREAS, the Town Council of the Town of Indialantic, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Indialantic.

NOW, THEREFORE, BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference.

SECTION 2. That Section 12-4 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 12-4. Authority of police to accept bond. (Repealed)

The chief of police and his subordinates may accept a cash bond in a sum not to exceed five hundred dollars ($500.00) per offense against the laws of the town and the State of Florida committed in the Town.

SECTION 3. That Article III, Sections 12-32 through 12-41 of the Code of Ordinances of the Town of Indialanticare hereby repealed as follows:

ARTICLE III. AUXILIARY POLICE FORCE (Repealed)

Sec. 12-32. Established. (Repealed)

There is hereby established an auxiliary police force of the town, to be composed of such persons as may volunteer to serve therein.

Sec. 12-33. Limitations on number of members. (Repealed)

The number of members of the auxiliary police force shall be limited to five (5) times the total number of regularly employed policemen of the town, as prescribed by the town council.

Sec12-34. Qualification of members. (Repealed)

The chief of police shall determine the fitness of volunteers to become members of the auxiliary police force.

Sec. 12-35. Training. (Repealed)

Members of the auxiliary police force shall complete such a regularly prescribed course of training as may be established and conducted by the police department of the town.

Sec. 12-36. Compensation. (Repealed)

Service in the auxiliary police force shall be without compensation to the persons volunteering for such service.

Sec. 12-37. Supervision by chief. (Repealed)

Members of the auxiliary police force serving with the police department shall at all times serve under the direction and supervision of the chief of police.

Sec. 12-38. Duties. (Repealed)

The duties of the auxiliary police force shall be limited to assisting the police department of the town in the performance of its regularly constituted duties, and to assisting the police department in times of emergency.

Sec. 12-39. Members may refuse to perform specific duties. (Repealed)

No member of the auxiliary police force shall be required to perform any duty of or for the auxiliary police force without his consent thereto.

Sec. 12-40. Grant of protection and immunity to officers. (Repealed)

At any time an auxiliaryman is serving under the direction of the chief of police, he shall have the same protection and immunities afforded regularly employed policemen of the town, and the protection and immunities shall be recognized by all courts.

Sec. 12-41. Not to have arrest authority. (Repealed)

No member of the auxiliary police force shall have the power or authority to make arrests unless he is a sworn police officer or acting under the direct authorization of a sworn police officer.

SECTION 4. Severability Clause/Interpretation.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) That in interpreting this Ordinance, underlined words indicate additions to existing text, and stricken through words include deletions from existing text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 5. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance.

PASSED by the Town Council of the Town of Indialantic on first reading on the 8th day of February, 2017, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on finalreading on the 8th day of March, 2017.

TOWN OF INDIALANTIC

______

David Berkman

Mayor

ATTEST: ______

Joan Clark

Town Clerk

1st reading:February 8, 2017

2nd reading:March 8, 2017

Effective Date: March 8, 2017

Town of Indialantic Ordinance No. 17-05

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