Fort Walton Beach Ordinance — 1141--Peace Distrubances — reading text

City of Fort Walton Beach Americas Most Geautifil G OA Ordinance _1141 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH CODIFIED ORDINANCES RELATING TO CHAPTER 668, PEACE DISTURBANCES; PROVIDING FOR THE REPEAL OF THE EXISTING SECTION 668.05, LOITERING, OF THE CODIFIED ORDINANCES; PROVIDING FOR PROHIBITING PERSONS FROM MANIFESTING THE PURPOSE OF ILLEGALLY USING, POSSESSING OR SELLING CONTROLLED SUBSTANCES; DEFINING CIRCUMSTANCES THAT MAY BE CONSIDERED AS SUCH A MANIFESTATION; PROVIDING AN OPPORTUNITY FOR A PERSON TO EXPLAIN ‘THE PERSON'S TRUE PURPOSE; DEFINING "KNOWN ILLEGAL USER, POSSESSOR OR SELLER OF CONTROLLED SUBSTANCES"; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. oe NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION I. Section 668.05, Loitering, of the Codified Ordinances, copy of which is attached hereto and made a part hereof by reference, is hereby repealed. SECTION II. 668.05. LOITERING. (a) It shall be unlawful for any person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any controlled substance as that term is defined in Section 893.02, Florida Statutes 1989. Among the circumstances which may be considered in determining whether such a purpose is manifested are? (1) The person is known illegal user, possessor or seller of controlled substances, or the person is at a location frequented by persons who illegally use, possess, transfer or sell controlled substances; and (2) The person repeatedly beckons to, stops, attempts to stop or engage in conversation with passers-by, whether such passers-by are on foot or in a motor vehicle, for the purpose of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any controlled substance. (3) The person repeatedly passes to or receives from passers-by, whether such passers-by are on foot or in a motor vehicle, money, objects or written material for the purposes of inducing, enticing, soliciting or procuring another to illegally possess, transfer or buy any controlled substance. (b) In order for there to be a violation of subsection (a), the person's affirmative language or conduct must be such as to demonstrate by its express or implied content or appearance a specific intent to induce, entice, solicit or procure another to illegally possess, transfer or buy a controlled substance. LITHO BY VITRO PRESS (c) No arrest shall be made for a violation of subsection (a) unless the arresting officer first affords the person an opportunity to explain his conduct, and no one shall be convicted of violating subsection (a) if it appears at trial that the explanation given was true and disclosed a lawful purpose. (d) For the purpose of this section, a "known illegal user, possessor or seller of controlled substances" is a person who, within one (1) year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of illegally manufacturing, using, possessing, selling, purchasing or delivering any controlled substance. (e) Any person who violates any of the provisions of this section shall, upon conviction, be punished as provided for in Section 202.99, General Code Penalty; Equitable Remedies; Complicity. SECTION III. That all ordinances in conflict herewith are repealed to the extent of any conflict. SECTION IV. That if any part of this Ordinance shall be deciared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Fort Walton Beach's election, shall remain in full force and effect. SECTION V. This ordinance shall take effect immediately upon approval by Council and signature by the Mayor. aorta: Lr LA LIN woe, LZ) UL ATTEST: oy a f ‘ ’ QE Lf: oye eete CITY CLERK Le The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney. ji + 8 Swe BF ee “ope dat 31 ____ Peace Disturbances ' 668.05 668.05 LOITERING. - , . . (a) As used in this section: (1) "Loitering" means remaining, idle in egsentially one location’ and includes the concepts of’ spending time idly, being dila- tory, lingering, staying, sauntering, delaying, standing . around and the colloquial expression "hanging around." : (2) "Public place" means any place to which the general public has access and a right of resort’ for business, entertainment or other lawful purpose, but does not necessarily mean.a place devoted solely to the use of the public. The term in-- cludes the front or immediate area of any store, shop, res- taurant, tavern or other place of business and also public grounds, areas or parks. 4 . (bo) No person shall loiter, loaf, wander, stand or remain idle, either alone or with others, in a public place in such a manner, other than for a lawful purpose, as to: ' , 2° . is ' (1) Obstruct any public street, public highway, “public sidewalk or any other public place or “building by hindering ‘or im- peding or tending to hinder or impede the free and uninter- rupted passage of vehicles, traffic or pedestrians; t "4 _(2) Commit, in or upon any public street, public highway, pub- lic sidewalk. or any ‘other public place or building, any act or thing which is an obstruction to or interference with the free and uninterrupted use of property, or with any busi- ness 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 building, all of which prevents the free and uninterrupted ingress to or egress from such property or business; or (3) Obstruct the entrance to any business establishment if such obstruction is contrary to the express wish of..the owner, lessee, managing “agent or person in control or charge of the building or premises. (c) When any person Causes or commits any of the conditions pro- scribed in this section, a police officer or any other law enforcement officer shall order that person to stop causing or committing such condition and to move on or disperse. No person shall fail or refuse to obey such an order. (Ord. 6. Passed 1-5-44; ‘Ord. 688. Passed 3-14-78.) ’ 668.99 PENALTY. . ; (EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.) . vs eats