2005-02
ORDINANCE NO. 2005-02
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 26 "ELECTIONS" BY AMENDING ARTICLE II
"CITY COMMISSION AND MAYOR", BY CREATING
SECTION 26-34 "EARLY VOTING"; EXEMPTING CITY
MAYORAL AND COMMISSION ELECTIONS FROM THE
PROVISIONS OF PARAGRAPH (I)(b) OF SECTION
101.657, FLORIDA STATUTES, CONCERNING EARLY
VOTING AND INSTEAD AUTHORIZING A SHORTENED
DURATION FOR EARLY VOTING FOR CITY MAYORAL
AND COMMISSION ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 100.3605(1), Florida Statutes, municipalities are
authorized by Ordinance to exempt themselves ftom provisions of the State Election Code which
do not expressly apply to municipalities; and
WHEREAS, paragraph (I)(b) of Section 101.657 "Early Voting" of the Florida Statutes,
enables early voting to be utilized but does not expressly apply to municipalities; and
WHEREAS, the City Commission desires to exempt municipal Mayoral and Commission
elections commencing with the March 2005 elections ftom the duration, hours of operation and
other restrictions for early voting as provided by Section 1O1.657(1)(b), Florida Statutes, while
enabling the City to provide for a sufficient, but shortened, schedule of early voting in advance
of such municipal elections.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Ordinance NO. 2005-02
Page 2
Section 2.
City Code Amended; Early Votinl!.
That Chapter 26 "Elections" of
the City Code of the City of Aventura is hereby amended by amending Article II "City
Commission and Mayor", by creating Section 26-34 "Early Voting," to read as follows:
Sec. 26-34
Early Voting.
(a)
(b)
(c)
(d)
(e)
(f)
Section 3.
Pursuant to Section 100.3605(1), Florida Statutes, it is hereby
provided that commencing with the March 2005 municipal
elections for Mayoral and Commission offices, all Mayoral and
Commission elections are hereby exempted ftom the provisions
of Section 101.657(1)(b), Florida Statutes, (the "Early Voting
Statute"). The Early Voting Statute provides for early voting to
begin on the fifteenth day before an election and end on the day
before an election and provides other operational restrictions.
In lieu of the above-described provisions of Section
101.657(1)(b), Florida Statutes, it is hereby provided that early
voting shall be provided on the Saturday and Sunday
immediately before an election, including regular elections and
run-off elections for Mayor or Commissioner.
Early voting shall be provided for up to eight (8) hours for each
day on which early voting is allowed.
The remaining paragraphs of Section 101.657, Florida Statutes,
exclusive of paragraph (I )(b) thereof, shall continue to apply to
the City's Mayoral and Commission elections as provided by
law.
The City Commission may, by Resolution, adopted in advance of
a regular, runoff or special election for Mayor or Commissioner,
alter the schedule of days and times for early voting ftom that
which is provided above.
The City Clerk is hereby authorized to take any action which is
necessary or expedient to implement early voting in accordance
with this section.
Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
2
Ordinance NO. 2005-02
Page 3
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4.
Inclusion in Code. That it is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5.
Conflicts. That any portion of any City procedural resolution which is in
conflict with the consideration and adoption of this Ordinance, shall not be applicable.
Section 6.
Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its adoption on
first reading. This motion was seconded by Commissioner Diamond and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its
adoption on second reading. This motion was seconded by Commissioner Grossman and upon
being put to a vote, the vote was as follows:
3
Ordinance NO. 2005-02
Page 4
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jefftey M. Perlow
~
~
~
~
~
~
-¥f'S--
PASSED AND ADOPTED on first reading this 6th day of January, 2005.
PASSED AND ADOPTED on second reading this 1st day of February, 2005.
~~
JE REYM.PERLOW,MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CflY~::: ~
4
---------r-------