Ordinance 066 Assuming Jurisdiction Over the Apprehension, Trial, Haring & Disposition of Offenses Committed by Persons Under 17 Yrs. of Ager~
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ORDINANCE N0. 66
AN ORDINANCE ASSUMING JURISDICTION OVER THE APPREHENSION, TRIAL,
HEARING AND DISPOSITION OF OFFENSES COMMITTED BY PERSONS UNDER SEVENTEEN
YEARS OF AGE IN VIOLATION OF ORDINANCES RELATING TO REGULATION OF TRAFFIC AND
THE OPERATION OF MOTOR VEHICLES; PROVII7ING FOR CONDITIONS IIAIDER WHICH SUCH
OFFENDERS SHOULD BE HEARD AND FOR THE 71'3POSITION OF PENALTIES IN CONNECTION
' THEREWITH, INCLUDING THE SUSPENSION OF DRIVER'S LICENSES; AND PROVIDING FURTHER
THAT WHEN IT IS DEEMED PROPER TO PLACE ANY SUCH OFFENDER IN CONFINFS"Ei NT, THE
CASE SHALL BE TRANSFERRED TO THE JURISDICTION OF THE JUVENILE COURT OF PPL M BEACH
COUNTY, FLORIDA, AND FOR ALL OTHER PURPOSES REASONABLY INCIDENTAL; AND REPEALING
ALL OTHER LAWS IN CONFLICT.
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BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH COUNTY, FTARIDA:
Section 1. That the Pillage of North Palm Beach, Florida, does
hereby assume jurisdiction over the apprehension, trial, hearing and disposi-
tion of affenses committed in violation of Ordinances of the Village of North
' Palm Beach, Florida, relating to the regulation of traffic and the operation
years of age, and over which the Juvenile Oourt in Palm Beach County, Florida has
of motor vehicles when such offenses are committed by persons under seventeen
heretofore been clothed with exclusive 3urisdiction, as authorized by Chapter 57-577
{House Bill No. 1139), Laws of Florida, Acts of 1957.
Section 2. When used in this Ordinance, the following definitions shall
apply:
(1) "Juvenile Court° means the Juvenile Court of Palm Beach
County, Florida.
• {2) °Village Court" means the Village Court of the Village of
North Pslm Beaeh, Florida.
(3) "Chi1d'~ means any married or unmarried person under the age
of seventeer. years, or any person who is charged with a
' violation of law occurring prior to the time that person
reached the age of seventeen years.
(]~) "Adult" means a person other than a child.
{5) "Parente means the Father or mother of a child, or the
' natural mother but not the natural father of an illegitimate
child. If a child has been legally adapted, the term 'tparent"
means the adoptive rather than the natural mother or father.
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• ORDINANCE NO. 66
Page 2
(6) "Legal Custodian" means the legal guardian of a child,
of the person who stands in loco parentis to awl has the
• custody of a child.
{7) "Violation of law's means violation of ashy Ordinance of
the Village of North Palm Beaeh, Florida relating to the
' regulation of traffic and the operation of motor vehicles.
(8) "Village" means the Village of North Palm Beach, Florida.
Section 3.
{1} Any child taken into custody fora violation of the law
• shall be released to a parent or legal custodian of the
child upon agreement of the parent or legal custodian to
produce the diild in Village Court at such time as the
Court may direct.
(2) The person taking and retaining a child in custody shall
notify the parents or legal custodians of the child at the
earliest practicable time thereafter. During the time the
child is in custody, he shall not under any circumstances
be p7.aced in any police or other vehicle which at the time
contains an adult under arrest, nor in a jail, police station,
or other place of detention, except on general or special
order of the judge; providing, however, where the child is
involved in the same offense or transaction with adults, then
such child may be transported in the same vehicle with the
adults so involved.
(3) Whenever the person taking and retaining a child in custody is
unable, for any reason, to obtain agreement of the parent or
• legal custodian to produce the child in Village Court at such
time as the Court may direct, then and in that event such person
taking and retaining such child in custody, shall, without
delay, deliver the child, by the most practicable route, to the
Juvenile Court of Palm Beach County, Florida, or, if the Juvenile
Judge has so ordered, to a detention home or licensed child-
caring institution or County or City jail, within the County or
district designated by the Juvenile Judge, and shall at the
earliest practicable time report in writing to the Court the
facts by reasan of which the child was taken into custody, as
provided in Sec. 39.03 (3 )s Florida Statutes.
(It) No child taken into custody shall be fingerprinted or photo-
. graphed except by special order of the Juvenile Court Judge,
and no original nor any copy of arty so taken shall be filed or
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ORDINANCE N0. 66
Page 2
' recorded in any place other than the Juvenile Court of
Palm Beach County, Florida.
Section 11. The jurisdiction of the Village Court shah. attach to
the child and case when the chi]'.d is taken into custody for any violation of
law within the scope of this Ordinance.
' Section ~.
(1) Process and procedin•e shall b® identical as that
followed fox• violations of law committed by adults,
except that the age of the child aha11 be slleged therein.
The hearing upon the charge or charges.broxght against the
child shall be held as soon as practicable after the same
are filed, but reasonable delay for the purpose of investi-
gation or procuring counsel upon request of the child or a
parent or legal custodian of the child shall, whenever prac-
ticable, be granted.
(2) Hearings shall b e conducted in an informal manner by the
Village Judge, applying the rules of evidence in use in
' equity cases in Circuit Courts, and adjourning the hearing
from time to time as necessary. It shall not be necessary to
the validity of any hearing concerning a child that the parents
or legal custodians be present; however, only the dxild in-
volved in the case, the parents or legal custodians of the
child, their attorneys, and such other persons as they may
request or the Village Judge may direct, shall be permitted to
be present. Hearings in cases involving more than one child
may be held simultaneously where the several children are in-
• volved are related to each other or were involved in the same
transaction. The child and the parents or legal custodian of
the child may be examined seperately aryl apart from each other.
Section 6.
' (1) If the Village Judge shall fixxd that the child named in the
charge or charges filed is not guilty o£ the violation of law
therein spec:i.fied, the Judge shall enter an order so finding
• and dismissing the case.
' (2) If the Vill:sge Judge shall find the child named in the charge
or charges to be guilty of the violation of law specified
therein, then the Village Court shall have the power, by order, to:
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ORDINANCE NO. 66
Page !t
' (a) Impose reasonable fines, court costs, probation, and
the suspension of arty driverfs license issued to such
child, and the observance of arxy other spacial conditions
which the Judge of such Court may legally impose under the
Charter and Ordinances of the Pillage. In disposing of such
case, the Village Court may also require any such child to
attend the sessions of any school conducted for the instruction
of motor vehicle drivers in Palm Beach County, Florida.
(b} If it should appear necessary or desirable in the discretion
• of the Village Judge hearing any such case for any child to
be detained or ordered confined for arty period of time in
lieu of any other type of penalty or punishment, then in that
event such case shall be transferred to the 3urisdiction of
the Juvenile Court, which Court may thereafter hear and dispase
of the same ab initio, and such offender sflall be forthwith
delivered to the proper officials of such Juvenile Court, and a
report of the proceedings had in Village Court may be made in
' writing to the said Juvenile Court. In disposing of any such
case, the Village Judge may exercise the right to suspend the
drivers license of any such child for such time and under
such conditions as may be within the discretion of the Judge
hearing and disposing of such case.
Section 7. Upon adoption o£ this Ordinance, the Village Clerk shall
promptly file•a true, correct, and certified copy hereof with the Clerk of the
Juvenile Court of Palm Beach County, Florida as evidence that the Village has
elected to take jurisdiction of t;he specific violations of law herein described.
• Section 8. All Qrdi.nances ar parts of Ordinances in conflict herewith
are hereby repealed.
Section 9. This Ordinance shall take effect immediately upon becoming law.
FIRST READING the 19th day of July,-1961.
' SECOND, FINAL READING AND PASSAGE the 8th day of August , 1961
(SEAL)
~~ E.a~~
Mayor
' ATTEST:
C~ t'C . ~S aa.
V-`il3age Clerk
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