2006-07
ORDINANCE NO. 2006-07
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 26 "ELECTIONS", BY AMENDING SECTION
26-34 "EARLY VOTING", CONCERNING EARLY
VOTING FOR CITY ELECTIONS; REVISING AND
UPDATING PROVISIONS DESCRIBING SCOPE,
APPLICABILITY, EARLY VOTING DURATION AND
PROCEDURES; OPTING OUT OF THE REQUIREMENTS
OF PARAGRAPH (2) OF SECTION 101.657, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 101.657, Florida Statutes, as amended effective
on January I, 2006, the Florida Legislature has expressly provided that municipalities
may determine whether or not to provide early voting in municipal elections that are not
held in conjunction with county or state elections and to opt out of certain requirements;
and
WHEREAS, the City Commission finds that lengthy periods of early voting in
municipal elections are contrary to the historical tradition of a designated "Election Day"
and are costly and unnecessary in light of the availability of absentee ballots; and
WHEREAS, the City Commission desires to revise the existing City ordinance
which provides for limited early voting in municipal Mayor and Commission elections to
include all other City elections (including charter amendment elections, initiative
elections, referendum elections, bond issuance elections, and all Mayoral and
Commission elections) which are not held in conjunction with county or state elections,
with the duration, hours of operation, and other restrictions for early voting to be as
Ordinance No. 2006-07
Page 2
specified herein rather than as otherwise provided by Section 101.657, Florida Statutes;
and
WHEREAS, this Ordinance enables the City to continue to provide for a
sufficient schedule of early voting in advance of such municipal elections, if necessary,
or to revise or eliminate early voting for specific elections as provided herein; and
WHEREAS, the Miami-Dade County Supervisor of Elections has recommended
that the City opt out of the requirements of Section 101.657(2), Florida Statutes, which
would otherwise require the Supervisor of Elections to prepare costly and complex voter
activity information in the midst of an electoral process.
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 ofthe above stated recitals is hereby
adopted and confirmed.
Section 2.
City Code Amended: Earlv V otin!!.
That Chapter 26
"Elections", of the City Code of the City of Aventura, Florida, is hereby amended by
revising Section 26-34 "Early Voting," to read as follows:!
Sec. 26-34 Early Voting.
fat PHfSlillHt te F.S. ~ 100.3895(1), it is here13y JlFa"/iaea that
eemmeRsiRg with the Marsh 2005 HlllRieiJ'lal eleetieRs far Mayeral
8.flS Cemmissiea erases, all ~4aY0ral and Commissiea eleetieas are
herel3y elleHlfltsa fraHl the JlFavisieas ef F.S. ~ IOUI57(1)(13), (tile
"early .:etiag statate"). THe early veting statute pfo.:iaes :fer early
I; Proposed additions to existing City Code text are shown by underline. Proposed deletions from
existing City Code text are shown by sa:ikethfs1:lgk.
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Ordinance No. 2006-07
Page 3
vatiRg 10 begiR aR the fifleeRta eay before an eleelisR !tile eRe aR the
day b0f-en~ an eleeti0fl and pn:r.'iaes etHer 8f)eratisnal restrietisns.
W IH liell afiRe allsye eeseribea prsvisisRs sff.S. ~ lQUi57(l)(b), it
is hen~ey preyiaeEl that early vstiRg shall be prsviEleEl SR the
StffilrElay aaa SURaay immeaiately befare an eleetisR, iRelllaiRg
reglilar eleetiens ana run off eleetioRs far ~fayer eT Cemmissiea0T.
fe1 Barly '/stiRg saall be pf8'1iaea fsr lIjl Is eigkt hSllrs for eaeh aay Sft
wRieR early '1stiRg is allowea.
~ The remaiRiRg parGgfapflS eff.S. ~ 19Uj57, el[elllsiye sfpafagraph
(1)(13) theresf, shall 6sRtiRlIe ts apply ts Ihe City's Maysral ana
CommissieB eleetisns as flre:o;iaea BY 19:\T;,
W The City Csmmissisft may, by ResshltiSR, adsptea iR aavllflee sf a
regl:llar, 0:m0ff aT Sfleeial eleetieR fer ~fayer aT Cemmissisfler, alter
IRe seheallle sf aays aHa times fsr early '/stiRg ITsm that whieh is
pf8viaea allsve.
ftt The City Clerk is hereby authsrizea Is lake any aetisR whieh is
aeeessary aT eJ(fJeaieBt 10 iFRflleHleHt early "sting in aeeenlaBe0 y;ith
this seetiaR.
ill For any City election, including initiative, referendum. bond
issuance. charter amendment or any Mayoral and Commission
elections (the "City Elections"), which are not held in coni unction
with a county or state election. this Section 26-34 shall govern the
matter of early voting. Further, early voting pursuant to this
Section 26-34 shall comply with the mandatory requirements of
Section 101.657(1 )(e). Florida Statutes (2005), as applicable.
{Ql The provisions of Section 101.657(2). Florida Statutes, shall not
apply to City Elections, unless specifically made applicable by
Commission Resolution.
liJ. At any City Election, it is hereby provided that early voting shall
be provided only on the Saturday and Sunday immediately before a
City Election. unless otherwise provided pursuant to paragraph (e)
below.
@ Early voting shall be provided for eight (8) hours for each weekday
and for an aggregate of eight (8) hours for each weekend on any
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Ordinance No. 2006-07
Page 4
weekdav or weekend in which earlv voting is allowed. unless
otherwise provided pursuant to paragraph (el below.
W The Citv Commission mav. bv Resolution. adopted in advance of a
specific Citv Election. alter the schedule of davs and hours for
earlv voting from that which is provided in paragraphs (c) and (d)
above. This shall include the authoritv to extend earlv voting or to
eliminate earlv voting for a specific election at which absentee
balloting is available.
ill The Citv Clerk is herebv authorized to take anv action which is
necessarv or expedient to implement this section or to complv with
anv applicable law including anv mandatory provisions of Section
101.657. Florida Statutes.
Section 3. 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 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. Inclnsion 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 be 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. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
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The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Weinberg, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Vice Mayor Luz Urbilez Weinberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption
on second reading. This motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Vice Mayor Luz Urbilez Weinberg yes
Mayor Susan Gottlieb yes
PASSED AND ADOPTED on first reading this 2nd day of May, 2006.
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PASSED AND ADOPTED on second ring this 6th day of une,2006.
/ usan Gottlieb, Mayor
Approved as to Form and Legal Sufficiency:
f
City Attorney
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