Fort Walton Beach Ordinance — 1365--Obstructing Streets/Sidewalks — reading text

BRADING) PAE ist wy S/4t ORDINANCE NO. 1365 gnd uf 171 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; ADOPTING SECTION 29.43, ASSEMBLIES OBSTRUCTING STREETS AND SIDEWALKS; REGULATING CERTAIN ASSEMBLIES THAT OBSTRUCT PUBLIC STREETS AND SIDEWALKS; PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 1-5 of the City Code and Section 166.041, Florida Statutes (1997). SECTION 2. FINDINGS. The City Council finds that assemblies which obstruct streets and sidewalks endangers the safety and general welfare of the citizens of the City. SECTION 3. REGULATION OF ASSEMBLIES OBSTRUCTING STREETS AND SIDEWALKS. There is hereby adopted Section 29.43 Assemblies obstructing streets and sidewalks, as follows: Section 29.43. Assemblies obstructing streets and sidewalks. (a) Definitions. (1) For the purposes of this section the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (2) "Loitering" shall mean remaining idle in essentially one location and shall include the concept of spending time idly; il : to linger; saunter; to delay: to stand around and shall also include the colloquial expression ! "hanging around." (b) _ Unless otherwise permitted under lawful authority of the City, it shall be unlawful for any person to loiter, loaf, wander, stand, or remain idle, either alone or in consort with others in a public place in such manner so as to: (1) Obstruct any public street, public sidewalk, or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic, or pedestrians. (2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act_or thing which is an obstruction or g:\files\municipal\fwb\ordinanc\streetssidewalks.ord.doc interference to the free and uninterrupted use_of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street. public highway, public sidewalk, or any other public place or buildin Lof which prevents free and uninterrupted ingress, egress, and regress, therein, thereon, and thereto. (c) When any person causes or commits of the conditions enumer: in subsection (a), a police officer or any law enforcement officer shall order that person or those persons to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this Ordinance. (d) Violations of any of the provisions of this section shall be punishable as provided in section 1-8 of the Code. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by Council and signature of the Mayor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA ON THE 12™ DAY OF JANUARY, 1999. Attest: 7 aN A os VER _ } “MAYOR Wonk Spon HELEN A. SPENY: CITY Nee The form and legal sufficiency of the foregoing has been reviewed and approved by CYYY ATTORNEY ; J Addon are indicated by underline; deletions by strikethrough. [prsPos?: i ie Celu Mer? mania Police mn Hun Code : g:\files\municipal\fwb\ordinanc\streetssidewalks. ord.doc CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p.m. on Tuesday, January 12, 1999, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at which time the City Council will consider its adoption into law. The ordinance in its entirety may be inspected at the Office of the City Clerk during regular working hours. All interested parties may appear at the meeting and be heard with respect to this proposed ordinance. ORDINANCE 1365 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, PROVIDING FOR AUTHORITY; ADOPTING SECTION 29.43, ASSEMBLIES OBSTRUCTING STREETS AND SIDEWALKS; REGULATING CERTAIN ASSEMBLIES THAT OBSTRUCT PUBLIC STREETS AND SIDEWALKS; PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. FLORIDA, Any person who decides to appeal any decision made with respect t any matter considered at such hearing will need a record of th lw proceedings, and for such purpose may need to ensure that a verbati record of the proceedings is made, which record includes th testimony and evidence upon which the appeal is to he base (FS286.0105). The City of Fort Walton Beach adheres to the Americans wit Disabilities Act and will make reasonable modifications for access t this meeting upon request. Please call the City Clerk, Helen Spence at 850-833-9509 to make a request. For Hearing Impaired dia 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE). Requests must b received at least 48 hours in advance of the meeting in order t allow the City time to provide requested service. Helen Spencer City Clerk 833-9509 —x leg. 1767 ; city OF FORT WALTON BEACH, FLORIDA _ NOTICE OF PUBLIC HEAR- ING A PUBLIC HEARING will be held on the following _pro- posed ordinance at 7:00 p.m. on Tuesday, January 12, 1999, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at which time the City Council will consider its adoption into . The ordinance in its en tirety may be inspected at the Office of the City Clerk during regular working hours. All interested parties may ap- ear at the meeting and be Feard with respect to this pro- posed ordinance. ORDINANCE 1365 AN. ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVID- ING FOR = AUTHORITY, ADOPTING SECTION 29.43, ASSEMBLIES OB- STRUCTING STREETS AND SIDEWALKS; REGULATING CERTAIN ASSEMBLIES THAT OBSTRUCT PUBLIC STREETS AND SIDEWALKS; PROVID- ING FOR A PENALTY FOR VIOLATIONS; AND PROVID- ING FOR AN_ EFFECTIVE DATE. Any person who decides to appeal any decision made with respect to any matter considered at such hearing will need a record of the pro- ceedings, and for such’ pur- pose may need to ensure that a verbatim record of the pro- ceedings is made, which rec- ord includes the testimony and evidence upon which the appeal is to be based (F$286.0105). The City of Fort Walton Beach adheres to __ the Americans with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk, Helen Spencer at 850-833-95 to make a request. For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE). Requests must be received at least 48 hours in advance of the meeting in or- der to aliow the City time to ide requested service. lelen * City Clerk ’ Leg. 1767 Jan. 1, 1999