O-649-05 ORDINANCE NO. 649-05
AN ORDINANCE OF THE MIAMI SHORES VILLAGE
COUNCIL, MIAMI SHORES VILLAGE, FLORIDA
AMENDING CHAPTER 7 OF THE MIAMI SHORES VILLAGE
CODE OF ORDINANCES, BY ADDING SECTION 7-3 TO BE
ENTITLED "EARLY VOTING"; EXEMPTING MIAMI SHORES
VILLAGE ELECTIONS FROM THE PROVISIONS OF
PARAGRAPH (1)(b) OF SECTION 101.657, FLORIDA
STATUTES, CONCERNING EARLY VOTING; PROVIDING
FOR SEVERABILITY; 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 from provisions of the State Election Code which
do not expressly apply to municipalities; and
WHEREAS, paragraph (1)(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 Miami Shores Village Charter, Section 22 (5) (6) provide for the conduct
of Village council elections to be in accordance with rules fixed by ordinance; and
WHEREAS, the Miami Shores Village Council desires to exempt Miami Shores Village
elections from the requirements as provided by Section 101.657(1)(b), Florida Statutes; and,
WHEREAS, it is in the best interests of the Village to enact this ordinance,
NOW THEREFORE, BE IT ORDAINED by the Village Council of Miami Shores Village,
Florida, that:
Section 1. The Miami Shores Village Code of Ordinances is hereby amended by
adding a new section, 7-3, which shall read, in its entirety, as follows:
Sec. 7-3 Early Voting.
(a) Pursuant to Section 100.3605(1), Florida Statutes, it is hereby
provided that the Miami Shores Village elections are hereby
exempted from the provisions of Section 101.657(1)(b), Florida
Statutes, (the "Early Voting Statute").
Section 2. If any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way effect the validity of the remaining portions of this Ordinance, which
shall be deemed to be severable therefrom.
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Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 4. That this Ordinance shall be effective immediately upon adoption on
second reading.
PASSED AND ADOPTED on first reading this 1st day of March , 2005.
PASSED AND ADOPTED on second reading this 15th day of March , 2005.
Jim McCoy, Mayo
ATTEST:
colc
Barbara A. Estep, CMC
Village Clerk
APPROVED AS TO FORM:
4RRichardfan
Village Attorney
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