07-009
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1 ORDINANCE NO. 07- 009
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES,
5 "OFFENSES-MISCELLANEOUS," TO ADD A NEW ARTICLE XII,
6 TITLED "LOITERING"; PROVIDING FOR FINDINGS AND INTENT;
7 PROVIDING FOR DEFINITIONS; DECLARING CERTAIN ACTS
8 UNLAWFUL; PROVIDING FOR PENAL TIES; PROVIDING FOR
9 CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City Commission of the City of Boynton Beach finds that loitering
13 causes justifiable and reasonable alarm and immediate concern for the safety of persons or
14 property within the City; and
15 WHEREAS, the City Commission of the City of Boynton Beach desires to address
16 the public's concern, alarm and fear caused by loitering within the City by establishing
17 prohibitions and penalties for loitering as hereinafter defined; and
18 WHEREAS, the City Commission of the City of Boynton Beach finds that there is a
19 mounting crisis caused by criminal street gangs, and others, that frequently loiter on public,
20 and private property and thereby threaten and terrorize peaceful citizens and commit a
21 multitude of crimes; and
22 WHEREAS, the City Commission of the City of Boynton Beach desires to eradicate
23 the terror created by criminal street gangs and their members; and
24 WHEREAS, the public health, safety, and welfare of the public is advanced by the
25 adoption of this ordinance; and
26 WHEREAS, the City Commission deems it to be in the best interests of the health,
27 safety and welfare of the citizens and residents of the City to create Article XII in Chapter 15
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1 of the City's Code of Ordinances as provided herein.
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
3 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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The foregoing "WHEREAS" clauses are hereby ratified and confirmed
Section 1.
5 as being true and correct, and are hereby incorporated herein and made a part hereof.
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Chapter 15, "Offenses-Miscellaneous" is hereby amended to add a new
Section 2.
7 Article XI titled "Loitering" to read as follows:
8 Article XII. LOITERING
9
Sec. 15-128. Findin2s and Intent
(a) The City Commission finds that it is the right of every person, regardless of
race, color, creed, religion, national origin, sex. age. sexual orientation, or handicap. to be
secure and protected from fear. intimidation. and physical harm caused by the activities of
criminal street gangs and their members. It is not the intent of this article to interfere with the
exercise of the constitutionally protected rights of freedom of expression and association. The
City Commission recognizes the constitutional right of every citizen to harbor and express
beliefs on any lawful subiect whatsoever. to lawfully associate with others who share similar
beliefs. to petition lawfully constituted authority for a redress of perceived grievances, and to
participate in the electoral process.
(b) The City Commission finds. however. that the City and its surrounding
communities are facing a mounting crisis caused by persons engaged in suspicious loitering
and criminal street gangs whose members threaten and terrorize peaceful citizens and commit
a multitude of crimes. These activities. both individually and collectively, present a clear and
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1 present danger. The City has a compelling interest in preventing criminal activity, and the
2 City Commission finds that the provisions of this act are necessary to maintain the public
3 order and safety.
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(c)
It is the intent of the City Commission to eradicate the terror created by
5 persons engaged in suspicious loitering and criminal street gangs and their members by
6 providing law enforcement with the tools to eradicate suspicious loitering within the City.
7 Sec. 15-129. Definitions.
8 The following words. terms and phrases. when used in this article shall have the
9 meaning ascribed to them in this section, except where the context clearly indicates a different
10 meanIng:
11 "Loiter" means to stand around without any obvious purpose. and to remain. linger.
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idle. or stay in a public place, or private place open to the public, following a request to leave
the property or public place following a request to leave from the property owner or a law
enforcement officer acting on behalf of the property owner.
"Public place" is an area generally visible to public vIew and includes streets.
sidewalks. bridges. alleys. plazas. parks. driveways. parking lots, open areas and buildings
open to the general public. including those which serve food or drink. or provide
entertainment. and the doorways and entrances to building or dwellings and the grounds
enclosing them. whether publicly or privately owned.
The term "Street" includes the legal right-of-way, including but not limited to. the
traffic lanes. curb. sidewalk. whether paved or unpaved. parkway and any grass plots or other
grounds found within the legal right-of-way of a street. The term "Street" also includes
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1 private rights of way or access road when the City and the property owner have entered into
2 an enforcement agreement as provided in Florida Statute 316.006(b ).
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4 Sec. 15-130. Acts declared unlawful
5 It shall be unlawful for any person:
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(a)
To loiter in or near any street or public place in a manner and under the
7 circumstances that would lead a sworn law enforcement officer to reasonably suspect that a
8 person or persons are engaged in conduct that is intimidating. harassing. threatening to any
9 citizen or otherwise interfering with the free flow of pedestrians or vehicular traffic that
10 threatens public safety or may cause a breach of the peace;
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(b)
To loiter in or near any street or public place in a manner and under the
12 circumstances that would lead a sworn law enforcement officer to reasonable suspect that a
13 person or persons are engage in any activity that would promote. benefit or otherwise further
14 the interest of a criminal street gang as defined in the provisions of Chapter 874 of the Florida
15 Statutes. F.S. 874.03.
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(c)
To loiter In or near any street or public place in a manner and under
17 circumstances that v/ould lead a s\vorn law enforcement officcr to reasonably suspect that a
18 person or persons are loitering for the purpose of inducing. enticing. soliciting or procuring
19 another to commit an act of prostitution. Among the circumstances v;hich may be considered
20 in determining '.vhether such purpose is manifested arc that the person repeatedly beckons to,
21 stops or attempts to stoP. or engages in conversation with. passersby, or repeatedly stops or
22 attempts to stop motor vehicle operators by hailing them or gesturing to them.
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(d)
To loiter in or near any street or public place in a manner and under
2 circumstances manifesting the purpose to engage in a drug related activity contrary to any of
3 the provisions of Chapter 893 of the Florida Statutes.
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1.
Such person behaves in such a manner as to raise a reasonable
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suspicion that he or she is about to engage in or is then engaged in an
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unlawful drug related activity, including by way of example only. such
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person IS actmg as a 00 <: out.
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Such person is physically identified by the Officer as a member
2.
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of a "gang" in accordance with Chapter 874. Florida Statutes, \vhich
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has as its purpose illegal drug related activity,
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3.
Such person transfers small obiects or packages f-or currency in
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a furtive fashion,
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4.
Such person takes flight upon the appearance of a police officer.
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5.
Such person manifestly endea'.'ors to conceal himself or herself
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and any obiect which reasonably could be involved in an unlawful
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drug related activity.
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6.
The area invohed is by public repute knovm to be an area of
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unlawful drug use and trafficking.
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7.
The premises involved are known to have been reported to law
20 enforcement as a place suspected of drug activity.
21 Sec. 15-131. Susoicious Loiterin2.
22
It is unlawful for any person to loiter in a place, at a time or in a manner not
(a)
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1 usual for law-abiding individuals. under circumstances that warrant a iustifiable and
2 reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
3
(b)
Among the circumstances which may be considered in determining whether
4 such alarm or immediate concern is warranted is the fact that the person takes flight upon
5 appearance of a law enforcement officer. refuses to identify himself or herself. or manifestly
6 endeavors to conceal himself or herself or any obiect. Unless flight by the person or other
7 circumstance makes it impracticable. a law enforcement officer shall. prior to any arrest for an
8 offense under this section. afford the person an opportunity to dispel any alarm or immediate
9 concern which would otherwise be warranted by requesting the person to identify himself or
10 herself and explain his or her presence and conduct.
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(c)
No person shall be convicted of an offense under this section if the law
12 enforcement officer did not comply with this procedure or if it appears at trial that the
13 explanation given by the person is true and. if believed by the officer at the time. would have
14 dispelled the alarm or immediate concern.
15 Sec. 15-132. Loiterin2 after warnin2.
16
(a)
It shall be unlawful for any persons. after first being warned by a law
17 enforcement officer. or where a "no loitering" sign or signs have been posted by the property
18 owner to loiter. stand. sit or lie in or upon any public or quasi-public sidewalk. street. curb.
19 crosswalk. walkway. mall or that portion of private property utilized for public use, so as to
20 hinder or obstruct unreasonably the free passage of pedestrians or vehicles. thereon, nor shall
21 any person block or obstruct. or prevent the free access to the entrance any building open to
22 the public
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(b)
Whenever a police officer observes a one or more persons loitering in any
2 public place displaving a "no loitering" sign or signs in the area, the police officer shall (i)
3 inform such persons that they are engage in loitering which is prohibited in that area. (ii) order
4 all such persons to disperse and remove themselves from within sight and hearing of the place
5 at which the order was issued; and (iii) inform those persons that they will be subiect to arrest
6 if fail to obey the order promptly or engage in further such loitering within sight or hearing of
7 the place at which the order was issued during the next six (6) hours.
8 Sec. 15-133. Penalties.
9
(a)
A person who violates this article shall be punishable by a fine not exceeding
10 five hundred dollars ($500.00) and/or by imprisonment for term not exceeding 60 days.
(b)
A second or subsequent offense shall be punishable by a mandatory minimum
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12 sentence of not less than five (5) days imprisonment.
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Section 3.
It is the intention of the City Commission of the City of Boynton
14 Beach, Florida that the provisions of this ordinance shall become and be made a part of the
15 City of Boynton Beach Code of Ordinances. The sections of this ordinance may be re-
16 numbered or re-lettered and the word "ordinance" may be changed to "section," "article," or
17 such other appropriate word or phrase in order to accomplish such intentions.
18
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
19 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
20 conflict.
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Section 5.
If any clause, section, or other part or application of this Ordinance shall
22 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
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1 unconstitutional or invalid part or application shall be considered as eliminated and so not
2 affecting the validity of the remaining portions or applications remaining in full force and effect.
3
Section 6.
This Ordinance shall become effective immediately upon its passage and
4 adoption.
5 FIRST READING, this ~ day of April, 2007.
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SECOND, FINAL READING AND PASSAGE, this
~ ,2007.
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