O94-21ORDINANCE NO. O94-,~¢/
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF THE"
COMBAT AUTOMOBILE THEFT" PROGRAM;
PROVIDING FOR SHORT TITLE; PROVIDING FOR
CONSENT FORMS; PROVIDING FOR PROGRAM
IMPLEMENTATION; PROVIDING FOR
JURISDICTION; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida recently amended
Section 316.008, Florida Statutes, authorizing the City to establish a Combat
Automobile Theft Program whereby motor vehicle owners may enroll their
vehicles by issuing consent in advance for a law enforcement officer to stop the
vehicle during designated times; and
WHEREAS, it has been shown that such a program deters automobile
theft; and
WHEREAS, enactment of such a program would be in the best interest of
the citizens and residents of the City of Boynton Beach, Florida
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. SHORT TITLE. This Ordinance shall be called and may be
cited as the "City of Boynton Beach Combat Automobile Theft Ordinance."
Section 2. COMBAT AUTOMOBILE THEFT PROGRAM. There is
hereby established a Combat Automobile Theft Program. Such program shall
include:
A. Consent forms to be signed by motor vehicle owners who wish to
enroll their vehicles; and
B. Decals indicating a vehicle's enrollment in the program.
Section 3. CONSENT FORMS. The consent forms referenced in
Section 2. above shall:
A. Explain the general operation of the program;
B. Provide authorization for a law enforcement officer to stop the
vehicle when it is being driven between the hours of 1:00 A.M. and 5:00 A.M.,
provided that a decal is conspicuously affixed to the bottom left corner of the
back window of the vehicle to provide notice of its enrollment in the program;
C. Advise the motor vehicle owner of the proper means by which the
driver of the vehicle should cooperate with the law enforcement officer in such
instance;
D. Provide that the owner of the motor vehicle is responsible for
removing the decal when terminating participation in the program, or when
selling or otherwise transferring ownership of the vehicle and for notifying the
City of Boynton Beach Police Department in writing of said termination;
E. Provide that the owner of the motor vehicle is responsible for
informing any person authorized to use the vehicle that said vehicle is registered
in the program.
F. Clearly provide that participation in the Combat Automobile Theft
Program is strictly voluntary and may be terminated at any time; and
G. Include a statement which indicates that the consent form has been
read and understood in its entirety, including the procedures to be observed by
the driver in a stop.
Section 4. PROGRAM IMPLEMENTATION. The Combat Automobile
Theft Program may be implemented upon approval of program materials and
procedures, including guidelines and procedures for making a stop of a vehicle
bearing a decal, by the Police Chief and the City Attorney. Such program
materials and procedures may be subject to periodic review and approval by the
Police Chief and the City Attorney.
Section 5. JURISDICTION. This Ordinance shall be applicable
within the municipal boundaries of the City of Boynton Beach, Florida.
Section 6. CONFLICTS. All laws and ordinances applying to the City of
Boynton Beach in conflict with any provisions of this ordinance are hereby
repealed.
Section 7. SEVERABILITY. Should any section or provision of this
Ordinance or any portion thereof be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the remainder of this Ordinance.
Section 8. CODIFICATION.
Ordinance.
Authority is hereby given to codify this
Sectiorl 9. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of July, 1994.
SECOND, FINAL READING AND PASSAGE this /"~' day of July, 1994.
CITY OF
iN BEA, CH, FLORIDA
Mayor Pro
ATTEST:
Cityd/Clerk
BBPD.ORD
CAT.6/'24/94