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HomeMy WebLinkAboutOrdinance 066 Assuming Jurisdiction Over the Apprehension, Trial, Haring & Disposition of Offenses Committed by Persons Under 17 Yrs. of Age• • • ORDINANCE NO. 66 AN ORDINANCE ASSUMING JURISDICTION OVER THE APPREHENSION, TRIAL, HEARING AND DISPOSITION OF OFFENSES COMMITS BY PERSONS UNDER SEVENTEEN YEARS OF AGE IN VIOLATION OF ORDINANCES RELATING TO REGULATION OF TRAFFIC AND THE OPERATION OF MOTOR VEHICLES; PROVIDING FOR CONDITIONS UNDER WHICH SUCH OFFENDERS SHOULD BE HEARD AND FOR THE IMPOSITION OF PENALTIES IN CONNECTION THEREWITH, INCLUDING THE SUSPENSION OF DRIVB,R'S LICENSES; AND PROVIDING FURTHER THAT WHEN IT IS DEEMED PROPER TO PLACE ANY SUCH OFFENDER IN CONFINEMENT, THE CASE SHALL BE TRANSFERRED TO THE JURISDICTION OF THE JUVENILE COURT OF PALM BEACH COUNTY, FLORIDA, AND FOR ALL OTHER PURPOSES REASONABLY INCIDENTAL; AND REPEALING ALL OTHER LAWS IN CONFLICT. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH COUNTY, FLORIDA: Section 1. That the Village of North Palm Beach, Florida, does hereby assume jurisdiction over the apprehension, trial, hearing and disposi- tion of offenses committed in violation of Ordinances of the Village of North Palm Beach, Florida, relating to the regulation of traffic and the operation of motor vehicles when such offenses are committed by persons under seventeen years of age, and over which the Juvenile Court in Palm Beach County, Florida has heretofore been clothed with exclusive jurisdiction, 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: (4) (5) "Juvenile Court" means the Juvenile Court of Palm Beach County, Florida. "Village Court" means the Village Court of the Village of North Palm Beach, Florida. "Child" means any married or unmarried person under the age of seventeen 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. "Parent" 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 adopted, the term "parent" means the adoptive rather than the natural mother or father. • - 1 - • • • 1 1• ORDINANCE NO. 66 Page 2 (6) "Legal Custodian" means the legal guardian of a child, of the person who stands in loco parentis to and has the custody of a child. (7) "Violation of law* means violation of any Ordinance of the Village of North Palm Beach, 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 for a 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 placed 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 reason of which the child, was taken into custody, as provided in Sec. 39.03 (3), Florida Statutes. (4) 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 any so taken shall be filed or • • • • ORDINANCE NO. 66 Page 2 recorded in any place other than the Juvenile Court of Palm Beach County, Florida. Section 4. The jurisdiction of the Village Court shall attach to the child and case when the child is taken into custody for any violation of law within the scope of this Ordinance. Section 5. (1) Process and procedure shall be identical as that followed for violations of law committed by adults, except that the age of the child shall be alleged therein. The hearing upon the charge or charges.brotght 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 child 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 and apart from each other. Section 6. (1) If the Village Judge shall find that the child named in the charge or charges filed is not guilty of the violation of law therein specified, the Judge shall enter an order so finding and dismissing the case. (2) If the Village 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: i ORDINANCE NO. 66 Page 4 (a) Impose reasonable fines, court costs, probation, and the suspension of any driver's license issued to such child, and the observance of any other special conditions which the Judge of such Court may legally impose under the Charter and Ordinances of the Village. 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 any period of time in lieu of any other type of penalty or punishment, then in that event such case shall be transferred to the jurisdiction of the Juvenile Court, which Court may thereafter hear and dispose of the same ab initio, and such offender shall 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 driver's 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 of 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 the specific violations of law herein described. Section 8. A11 Ordinances or 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) trettennacres Mayor ATTEST: Village Clerk (Us i -4