MAYOR AND TOWN COUNCIL

TOWN OF FOREST HEIGHTS

CHARTER AMENDMENT RESOLUTION NUMBER 20 PROPOSING TO AMEND THE FOREST HEIGHTS TOWN CHARTER

SECTION 33 2. ENFORCEMENT OF POWERS

INTRODUCED BY: Councilman George Wiggers

ENACTED: March 6, 2006

WHEREAS, the enforcement of Town ordinances is essential for maintaining the quality of living and safety of the Town residents, and

WHEREAS, the current limit of $500 for fines was set in 1963, and

WHEREAS, inflation has reduced the significance of that level of fine for inducing compliance with the Town ordinances, and

WHEREAS, Article 23A 3(a) and 3(b)(2) of the State Code permit municipalities to levy fines as high as $1,000, and

WHEREAS, the Section 33-90 of the Charter of the Town of Forest Heights and Article 23A 12 and 13 empower and regulate the Town Council in enacting charter amendments and the Mayor in posting and publication of proposed charter amendments;

NOW THEREFORE BE IT RESOLVED that the Town Council of Forest Heights proposes to amend the Charter of the Town of Forest Heights Section 33-22 Enforcement of Powers. The amendment of the Charter of the Town of Forest Heights shall be enacted by striking paragraph (a) of the current language which reads:

(a)       To ensure the observance of the ordinances of the Town, the Council shall have the power to provide that violation thereof shall be a misdemeanor and shall have the power to affix thereto penalties of a fine not exceeding five hundred dollars ($500.00) or imprisonment for not exceeding ninety days, or both such fine and imprisonment.

and replace with the following wording:

(a)       To ensure the observance of the ordinances of the Town, the Council shall have the power to provide that violation thereof shall be a misdemeanor and shall have the power to affix thereto penalties of a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for not exceeding 6 months, or both such fine and imprisonment.

BE IT FURTHER RESOLVED that the Mayor shall give notice of this resolution for a proposed Charter Amendment by posting an exact copy thereof at the Town Hall for a period of at least forty days following its adoption and shall cause a fair summary of this proposed Charter Amendment to be published in a newspaper of general circulation in the Town of Forest Heights not less than four times, at weekly intervals within a period of at least forty days starting not later than three days immediately following the date of the adoption of this resolution containing the proposed Charter Amendment.

BE IT FURTHER RESOLVED that violation of this resolution shall be deemed a misdemeanor and subject to 30 days in prison and a fine not to exceed $1000.00; and

AND BE IT FURTHER RESOLVED that this resolution to amend the Charter of the Town of Forest Heights shall take effect immediately on its passage and the proposed Charter Amendment hereby shall take effect April 25, 2006.

PASSED THIS DAY OF March 6, 2006.

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Myles Spires, Mayor

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Clifton Atkinson, Councilman Ward II

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Alice Hoskins, Councilwoman Ward I

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Larry Stoner, Council President & Councilman Ward III

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Worthington Ross, Councilman Ward III

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George F. Wiggers, Councilman Ward I

Attest:

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Bonita Anderson, Town Clerk