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O#292
ORDINANCE #292 AN ORDINANCE OF TEE. CITY OF BOYN~N BEACH RE~LAT.TNG CONDUCT CONSTITUTING AN OFFENSE BY PERSONS IN THE CITY; PREVENTING VICE, DISORDER AND IMMORALITY; PROMOTING P~BLIC PEACE, SAFETY AND HEALTH; PRO- TECTING PUBLIC AND PRIVATE PROPERTY; P~TECTING P~LIC MORA.LS; PROHIBITING OFFENSES INVOLVIN~ CHILDREN; AND PRESCRIBING PENALTIES POR VIOLATIONS OF ITS PROVISIONS. BE IT ORDAINED BY ~THE COUNCIL OF ~ CITY OF BOYNTON BEACH: SECTION i.. SHORT TITLE: This Ordin~.ce shall be known ~ud may he cited as the "Offenses Ordinance ef the City of Boynton Beach." SECTION DEFINITIONS: For the purposes of this Ordinance, the following terms, phrases, words amd their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mamdatory ~ud not merely directory. (1) "Cit~ is the City of Boynton Beach. (2) "Barbitmrate and other hypnotic or somaifacient drugs" includes the salts and derivatives of barbituric acid, also known as malony-mrea, having hypnotic or somnifacient a tlen, and com- po?~uds, preparations, and mixtures thereof. The term also includes amytal, veronal, barbital, acid diethyl-barhitmric, or any salts, derivatives, compounds, preparations, and mixtures thereof having hypnotic or somuifacient action. The term also includes para- amino'benzene sulfonamide, salfan!lam~de, s~lfam~dyl, prontylin, prontosil, neo prontosil, nee protylin edimalin, sulfonamid, or salts, derivatives, compounds, preparations' and mixtures thereof. The term also includes any registered, trademarked, or cbpyrighted preparation or compound registered in the ~nited States Patent Office containing more than one grain of the avoirdupois or flmid ounce of a substance 'within it s definition. (3) "Narcotic Drug" inclmdes opium, coca leaves, demerol, and the several alkaloids derived therefrom, the .bemt known of these alkaloids being morphia, herein,, and codeine, obtained from opium, and cocaine derived from the coca plant; and all compounds, salt, preparations, or other derivatives obtained either from the raw materials or from the varzoas alkaloids of opzum, ce~a leaves and demerol. The term "narcotic drug" also includes India hemp and its various derivatives, compounds, and preparations, and peyote in its various forms, demerol and its derivatives, compemnds, salts and Ordinance Page 2 of example, but not by way of limitation, the drags Amidone, Isoamidone, amd ~eto-Bemidone, and Tropecocaine synthetic narcotic drug. ydrochlorlde, a (4) "Person" is any person, firm,, partnership, corporation, company or organization of any k' ind. associati SECTION S. OFFENSES A~AINST pUB.SiC No person in the City shall: ct. Disturb, tend to disturb- aid in distu pea( rs ~ violent, -t~maltueus, Offensive or obstreperous conduct, and no person shall knowingly permit such conduct a~a any premises O~ed or ~ssessed hy him under his central. (2) Assault. Beat ' violpnce on ano~~-_ ~ ~ ~trmke, womad ~mnr'~ ~et~e.r with inten~ ~2'=i~-f~2 c~r~umsta~ces ~hog'~[[~I er i~fliet . , -~ ~ng with ~--~ -~.~ a lethal weapon, any bodily in4a ..... c-- xnten~.%o co, it u~a . ~'~ -~:~ere ~o cons -- --~ person of ~o~her the c~rc~$~ces ~f ~_ ~ .... ?~er~le provocation ap~ars or where ~ '~ ~s~u~ show malice. (3) Fighti?g. F' ' xght.~other person except in ~oxing hibitions duly authorized ~d 1Xcensed mnder law. (~) Vagrancy. Have the status or condition ~e following ~rse~s shall be de~ed vagrants: (a) No Lawfm! Ne~s of SUp~rt: Any person having ne 'lawful me~s of ~Pleyment and having ~e lawful me~s of sUp~rt, realmzed' solely from lawful occupations or soUrces; or, ~y pezsen who lives idly and wit~ou~ me~s of sUp~rt, visible p, out, or Any person fo d - Place, er a~--'22~?~ s~ree~, alley, or e+~ --~7~=~ or s~relling ,~':~3 pu~lxo gathering or as~=,~7[~_~a~iXc way or p~lic s~ere, sh~p, r' er business or Ce~ercial-~, ~r 1~ er aro~d amy establiS~emt, er en amy P lVa%e property or place wi~h.u~ lawful business a~d conducting himself in a lewd, w~om er lascivious manner in sppeech or behavior. rdlna, ee #~9~ Page $ (c) Burglars' Tools. Any person upon whose person or in whose pOssession shall he rotund amy instrument tool, or other implement for i ' · P eking locks or pockets, or any implement that is usually employed or that reasonably may be inferred to have been desired to be employed in ~he co~issien .f a~y felony, misd~e~or or thev'lolatlon of ~y ordinance, ~d who shall fail te aceou~t satis- factorily for the ~ssessien ef the same. (d) Umla~ul Occup~cy. Any pers~n wam~erimg abroad and occupying,lodging,' er sleeping iR any vacant unoccUpied, erbar,in garage, shed, s~p, or other bmild~-~ str~cture, ~y amtomebile t . , ~ck~ rallroa~ other ve~icle, without o~i~g %he same or wi~homt per- mission ef the ~er or persom entitled t~ t~e ~ssessien of ~he s~e, or sleeping in any yacht lo% d~rimg %ko ~o~rs self. (e) Begging. Amy person wande ' ~r any person who ** ~ = ~ rmng. abroad amd be ' = e~ =bout fr.m ~omes or c~erci~ =~m ~.._~ door t~ do~r ~f r ~ ~==eive alms fur himself. ~ ~ p=oa~c p~ace te beg (f) Abroad at Unusual Ho~rs. Any ~rs~n who w~ders abe~ the streets, alleys, or ~%her pmbli~ ways er places, or who is found ~road at late or ~n~sual ho~rs in givingni~ht with. U%a '--anyvisible' or lawful business and sa~ms~agt~ account .f h' lmself. (g) Illegal~ tAss°cia%i°n'lives in, Any person who keeps, opera,es, fr__~em_s, ,r is employe~ in ~ homse or other establishmen~ of ill f~e er who (who%her married or s' , angle) engages in or c~its a~ts of fo~ica- tion .r pe~ersi~n f~r hire. license. (i) Fraudulent Schemes. Any person who shall' engage in any fraudulent s~heme, devioe, or trick to oht-ain momey or other valuable thing from others; or ~ny person who aids or assists such trick, device or scheme. (J) Concealing Stolen Property. Any person who keeps a place Where lost or stolen property is concealed. 0 ' rdlnance #292 Page 4 (k) AI'I pers?s who by the common law are vagrants whetheror not. embraced in any of the foregoing classifications (5) Unlawful to Disturb Religious Worship. Disquiet or disturb any congrega':ion or asseatbly for religious worship By making a noise or By re{to, or~ indecenthR behavior, 'or profane dis- coursew'~th~' their pla~ o7 wers,,~,o~ the or so near the s~e as te disturb the order or so~.emnmty meetln~.__~ SECTION 4: O] TENSES ~INS~LIC S~E~. No person in the City shall: (1) Narcotics (a) Unl possess for an' as provided Possession. Sell, give away, ~se or purpose whatever any narcotic drug, except (b) gnl a · ssocxatio~. Establish, contribute to, s~pport, Become an inmate connectedd .wit~ any building or part thereof, or place of any escrl whatever, or permit such building or part thereof, or of any description whatever owned by or Under the of such person to'be ~Sed for the manufacture, pr on, sale, storage, smoking, or use of any narcotic drug, except as provided herein. {c) Distrii~utiom by Licensed Practitioners. (c-l) Ph~,sicians. A licensed V ~ter~nary mrgeon shall Be permmtted' physician,to dispensedentist~er d~strmbute arcotic drugs to a pa his profess onal practice only and such licensed Practitione , shall not ~e permitted to possess nar- cotic drugs for any other~ purpose. (c-2) Pharmacists. A licensed pharmacist shall be permitted to dispense or distribute narcotic dr~s to patients under and in pursuance of written prescriptions issued ~y an'~ licensed nary.surgeon, physician, d christ, or veteri- permitted to'po ess narcotic drugs for any other purpose. (c-3) Rec,,rd of Distribmtio~. All instances of professional distribmtien of narcotic drugs as pro- vided for he:'ei~ shall be recorded in smitable form and filed ~nd pr. served in a manner so as te be readily accessible f~ r o ' inspection by fflcers of the C' any 1aw lnforcement. rdinance # ZgZ Page 5 (c-4) Renewal Prohibited. No prescription for narcotic drugs shall be renewed. (d) Possession byPatients.' Any patient shall be permitted to posses narcotic drugs distributed or dis- pensed to him under the provisions of this sub-section, but such possession and use must he in accordance with the terms of the prescription and prescribed treatment. (e) Possession by Manufacturer. A person who is a licensed manufacturer or wholesaler of narcotic drugs shall be permitted to p~ssess narcotic drugs for the purposes of wholesale delivery, compounding, preparation, and manu- facture only, and the same shall only be resold to another person permitted by this sub-section to resell or dis- pense ord'lstrlhute' narcotic drugs in the course' of :licensedpractice, manufacturingor a licensed°rhWh°lesale', a l'Icen sed' professionala P armaceutlcal business. (e-l) Pharmacist as Manufacturer. A licensed . manu- facturer or wholesaler permitted to possess narcotic dI~agsh in. sRb-sectlon' . (e) above may also be a l'lcensed P armaclst and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be sonsumed any narcotic drug except upon written prescription as herein provided. (f) S ' elzure of Narcotic Drags. All narcotict.drugs in the possession of any personconvicted' of a viola ion of this sub-section, shall be seized by, confiscated' by, and forfeited to the Cl~ef of Police who shall make proper disposition thereof. (g) Seizure ofVehicle.' Anyvehicle' from which seizedcdrUgs' are removed, thevehicle' being owned by the person onvlcted of a violation of this sub-sebtion shall be seized by, confiscated.' by, and forfeited to the C'h~ef' of police in the name of the City and subsequently sold at public auction to the highest b' in the manner provided by law. ldder by the (h) Exempted. Preparations. . · This sub-section shall not apply to the admlnlstermng or distributing or dispensing of any medicinal preparation thatcontains' in one fluid ounce, or if a solid or .?emi-solid X~Daration. in one avoid- dupois ounce, not more ~nan on'e grain of codeine or any of its salts. Provided, that the preparation administered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the narcotic drug alone. Such preparation shall be admin- istered, or distributed' or dispensed in good faith and not for the purpose of evading this sub-section. However, no rdlnance # 292 Page 6 person Shall administer,d'lspenSe, or sell, under the exempti°n~of this SectiOn, any preparation included in this s~'~ection 'When he knows, or can 'by reason-able di lgence ascertain· that such a ......... 1' · e ' dministerlng, dls- p using or selling will prbvide the person to whom or for whose use such preparation is administered, dispensed, or sold con ecutlve ~urs, ~wiEa more than four (4) s ' h-- · ~rains of codeine of any of its salts. i ~ ) Exem~te~ Persons. ~e provision · ~eciion restrictin~ ~h~~ ~___ · '~.. :C $ of ~his s~b- dr~ s s ...... ~-~eSslon and control o · 'g hall not- · ' ' f narcotic apply ~o common carrxers or warehousemen engaged in lawfully transporting or storing such narcoti~ drugs, or %o any employee of such co, on carriers or warehousemen within ~he scope of his employment or public officers or employees in the Performance of official duties re~iring ~ssession or control of narcotic drugs or to persons aiding such officsrs or employees in per- romance of such duties. (2) Barbiturates and Other Hypnotic. or Somnifacient Drugs. (a) .Unlawful Possession. Sell, i g ye away, mse or possess rot any put, se whatever any. barbiturates ~d o~her h ' herein. Ypno~xc or somnifacient ~gs, excep~ as provided (b)- Unlawful. Association Establish, contribute to, support,maintain,' ' become an inmate' of, or in any way be connected with any 'buildin~ or part thereof, or Place of any description whatever, or permit such b ' u~ld~ng or part thereof, or place of any description Whatever owned by or under the control of such person t'o be used for the manufacture, preparation· sale· StOrage, smoking, or use of any barbiturates and other hypnotic or' $omnifacient drugs, except as provided herein. (c) D' ' ' . . · stnbution by L~censed PraCtitioners. (c-l) Physicians A licensed ,h .... ' P ysicxan, dentist veterinary surgeon Shall be permitted to diSpense ' distribute barbiturates and-Other h or YPn°tlC~ or somnificient dr~ags to a patient in the course Of hi professiona1 practice only, and such licensed s be permitted' to possess arblturates and other hypnotic b '~' practitioner shall not drugs for any other purpose. (c-2) Pharmacists. A licensed pharmacist shall be permitted to dispense or distribute b ' h ' arb~turates and other ypnot~c or somnifacient drugs to pat'~ents under and in pursuant ofw''x~tten prescriptions issued by any licensed Ordinance Page 7 Physician, dentist, or veternary surgeon, and such licensed pharmacist shall not be permitted to possess barbiturates and other hypnotic or S ' omnlfacient drugs for any other purpose. (c-S) Record of Distribution All instances of P ofesslonal distribution ofbarbiturates' and other hypnotic or somnifacient drugs as provided for herein shall be recorded in suitable form and filed and preserved in a manner so as to be readily accessible for inspection by any law enforcement officers of the ~' (c-4) Renewal Prohibited. No prescription for h arb~turates and other hypnotic or somnifaciemt drugs shall be renewed. (d) P ossesslon by Patients. Any patient ahall be permitted to possess barbiturates and other hypnotic or somnifacient drugs distributed or dispensed to him under the provisions of this sub-section, but such possession and use must be in accordance with the terms of the prescription and prescribed treatment. (e) Possession by manufacturer. A person who is licensed manufacturer or wholesaler ofbarbiturates' a and otherhypnotic' or somnifaCient drugs shall be permitted to possess b arbxturates and other hypnotic or somnifactent drugs for the purposes of wholesale delivery, compounding, preparation, and manufacture only, and the same shall only be resold to other persons permitted by this sub-section to resell or dispense or distributebarbiturates' and other hypnotic' or omnlfaclent drugs in the course of a licensed manu- ense~ paarmaceut~cal busxness. (e-l) Pharmacist as Manufacturer. A licensed manufacturer or wholesaler permitted to possess arbiturate~ and other hypnotic or somnifacient rugs in suP-section (e) above may also be a licensed pharmacist and may dispense or distributebarbiturates' and other hypnotic or somnifacient drugs upon written prescription as provided herein but shall not consume or permit to be consumed anybarbiturates' and otherhypnotl'c' or somnifacient drugs except upon written prescription as herein provided. (f) S ' B ' elzure of arblturates and Other Hypnotic Or Somnifacient Drugs. All barbiturates and other h · ypnot~c or somnifacient dr~gs in the possession of any person convicted of a violation of this sub-section shall be seized by, confiscated by, and forfeited to the Ordinance # 292 Page 8 of Police who shall make proper disposition thereof. (g) Seizure ofVehicle.' Anyvehlcte' from which seized drugs are removed, the vahicie being owned by the person convicted of a violation of this sub-section, shall be seized by,conf~ecated' by, andforfeited' to the Chief of Police in the name of the City and subsequently sold at public auction, to the highest b' in the manner provided by law. adder by the (h) Exempted P . reparation. This sub-section shall not apply to any compound, mixture, or preparation raining salts or derivatives of anybarbiturate' or other con- h ' ypnot~c or somnifacient drug which is sold in good faith for the purpose for which it is intended and not for the purpose of evading the provisions of this division if: (h-l) Such .co.mpound, mi.xture, or preparation con- tains a suff~cx~nt quantity of another drug or drugs, in addition to the barbiturate or other hypnotic or somnifacient drug to cause it to produce an action other than itshypnotic' or somnifacient action;' or, (h-2) Such compound, mixture, or preparation is intended for use as a spray or gargle or for external application and contains, in addition to such salts e ' or d r~vatives, some other drug or drugs endenng it unfit for internal administration, r (i) Exempted Persons. The provisions of this sub- section restricting the possession and control of b ' arblturates and other hypnotic or $omnifacient drmgs shall not apply to common carriers or warehousemen,~ turatesengaged orin otherlawfullYh transporting, or storing such barbi- ypnotlc or somnifacient drugs, or to any employee of such common carriers or warehousemen within the scope of his employment or to public officers or employees in the performance of official duti quiring possession or control ofbarblturates' andeSotherre' hyPno'tic or somnifacient drugs or to persons aiding such officers or employees in perforzance of such duties. (S) Weapons. (a) C ' arrylng Concealed~eapons. Wear under his clothes, or conceal about his person, or d/splay i~a threatening manner, any dangerous' or deadly weapon in- cluding b~t not by way of limitation, any pistol, revolver, sling shot, cross-knuckles or knEckles of lead, Ordinance # 292 Page 9 brass, or other metal, or any bowie knife, or any knife resembling a bowie knife, or any knife with a switch blade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. (~) Sale ofSwitch,Blade' Knives' Prohlbzted.' ' Sell, offer for sale, or display any knife or knives having the appearance of a pocket knife, the blade of which can be ooened by a flick of a button, pressure on the h ~ - anale, or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon within the meaning of sub-section (a) above, and shall be subject to forfeiture to the City as herein provzded. (c) Possession of Dangerous or Deadly Weapons. Have in his possession, except within his own domicile or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, "B-B gun", gas-operated gun or spring gun, or any instr.~%tment, toy or weapon cow, only kno~ as a "peashooter", "slingshot", or "beany,, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. (c~l) Exception for Licensed and~Other S ' P ' peclf~c remlses. The prohibition of sue-section' (c) above shall not apply to licensed s~o~ing galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside thel'imlts' of such qallery, grounds or residence; and further provided that nothingherein' contained shall be construed to pre- vent the concealed carrying of any type of ~c~n whatsoever when unloaded and properly cased, to or from any range or gallery or to or from an area where huntimg is allowed by law. (c-2) E xceptzon for Authorized Officials. The prohibition ef this sub-section shall not be construed to forbid United States marshals, sheriffs, constables, and their deputies, and any rgqular, special, or ex-officio police officer, or any other law enforcement officer from carryin~ or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties. (d) Sales to Intoxicated Persons and ~inors. Purchase from, or sell, loan, or furnish any weapon in which any explosive substance can be used to, any person under the rd~nance Page 10 influence of alcohol or any n.arcotic drug, stimul.ant,.or depressant, or to any person in a condition of ag~tatxon and excitability, or to a minor under the age of 21 years. (e) Records Required. Every second-hand dealer, pawn-broker, or other person engaged in the sale, rental or exchange of any weapons described in sub-section (a) ' above shall keep a record of each such weapon purchased, sold, rented, or exchanged at retail. (e-l) Time of Recordation The record r ' · e~ red herein shall be made at the time of the transaction in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such person weapon is purchased; his or her age; physical description, occupation, residence, and, if residing in a municipality ~he street and r ' number wher~ he orr.she asides; the make, caliber, and finish of the xrearm, together with the number or serial letter thereof, if any; the date of the purchase, sale, rental, or exchange of such weapon; and the name of the employee or other person making such purchase, sale, rental or exchange. (e-2) Report to Chief of Police. Every second- hand dealer, pawnbroker, or other person engaged in the sale, rental, or exchange of any weapons de- scribed in s~b-section (a) above shall deliver daily reports to the Chief ofPolice' of every such purchase, sale, loan, or gift. The report shall be on forms provided by theChief' of Police and shall set forth the name in full, theresidence,' age and physical descrip. tion and the occupation of the person to whom or fram whom such 9'an, pistol, firearm or other dangerous or deadly weapon has been purchased, sold loaned, or given. (f) Forfeiture of Weapons. Every person convicted of a violation of this sub~ -section' shall forfeit to the city such dangerous or deadly weapon so concealed or displayed. (g) Disposition of Confiscated Weapons. Every police officer, upon making any arrest and taking a weapon used in violatibn of this ordinance shall deliver the same to theChief' of Police or Municipal' Judge to be held by him until the final determination of the prosecution for said offense; and upon the findiug of ~ilt, it shall the~ be the duty of said municipal judge to deliver said weapon forthwith to the Chief ofPolxce' who shall make disposition of the weapon. ($) Report of Treatment of Wo~3_nds. Every physician or surgeon duly .admitted to th_e practice of m ' ed~cine or ~uLqery .in the State of Florida, whenever he shall treat any person xn t-he Cxty Page 11 for a wo~nd inflicted by a dangerous or deadly weapon of any kind, shall notify the CityPolice' Department within one hour of the time when he renders such professional servic6 or is called upon to render the same. · (6) P . ossesslon of Burglars' Tools. Possess any nippers known as burglars' ~ippers:iany pick lock, skeleton key, key to be used with bit or bits, 3 m/ay, or any other burglars' instruments or tools of whatever kind or description, unless it be sho~u~ ~that such possession is innocent or for lawful purposes. (7) Throwing of Missiles.' Throw any stone or ' any other missiler, upon or at anybehlcle,' b~ilding, tree or other public or p irate property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground. (8) Ballplaying. Throw, kick or knock any ball or play ball in any other manner upon any public street, alley or sidewalk. (9) Fireworks. (a) Use Prohibited. Cast, throw,' light, or fire any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap or cartridge or other combustible f' or f' ' lrecrackers ireworks of any kind. (b) Sale and Display Prohibited. E ' ' xhlblt or have in his possession with intent to gl'ye away, or sell' or offer for sale within the City any squib, rocket, cracker, torpedo, grenade, cap or other combustile firecrackers or fireworks of any kind. (b-l) E ' xception for Specified Sale. The prohibition of this sub-section shall not apply to the sale, storage, or use of railroad track torpedoes, or other signalling devices used by railroads, or to the sale, storage, or use of flashlight composition by photo- graphers, or dealers in photographic supplies or to prevent any publ'lc demonstration or display of' fire- works of any kind if conducted under proper police supervision after applica$ion made and permit issued by the Chief of Police for such demonstration. (10) SwiEuming and Bathing in Public Waters. bath in the waters of .Lake Worth Ridge, Florida. Swim or or at City m~nicipal beach in Ocean (a) Indecent Exposure. Swim or bath at City municipal beach in Ocean Ridge where such conduct is allowed unlesswearing' a bathing suit or other suitable garment to protect his person from exposure. (1) B.onflres. Make or as?is.t in making e.ny bonfire in or upon. any publ~c~ street or pla.ce wi~th~.n the Cit w~.tho~ permission of the Fire Departmen~ or ~olice Department. ut the Ordinance #292 Page 12 (12)~ +False Alarm of Fire or Need for Police or Ambulance Ass_$_ance. Intentionally make, turn in, or give a false alarm Of fire, or of need for police or ambulance assistance, or aid or abet in the commission of such act. (15) False Report ofC 'rime. Make. to, or file with, the Police Department of the City any false, misleading, or unfounded statement or report concernina the commission or alleged commission of any crime occurrring withi~ the City. (14) Interference with Police Department. (a) Resisting Officer. R ' any member of thePolice' Department or anyeslStpersonanY dulyp°liCeempowered°fficer' of WithhisP°liCeduty, authority,while' in the discharge or apparent discharge d'lscharge of' his°r induty.any way interfere with or hinder him in the (?) Assisting in Esc~ ~*~ ~ . ~. v~=x oI endeavor ' Department or a person d~ly o }cor~.a mom~r ?f tho Police or to attempt to escape from such custody. ~ · z~n pOlice authorlty,-to escape (c) Impersonating anOfficer.' No person, other than an officialapparel,pOlice officer~_.____of the City, U n~ form, badge, z~en~ ~ tic ation card orWearany°rotherCarrYi ns~gn~ athe' shall of office like or similar to, or a colorable imitatio~ of that adopted, and worn orcarried' by the official' ' police ff!cers of the C~ty. O (15) Escape of Prisoners. (a-) A ' ssisting in Escape of Prisoners to, present to or place ithln the reach of, any person , · w ' . Make available under authority of the City any intoxicating or malt1-lq~/ors,C°nfinedor any tool, implement, or other thing calculated to aid in the escape of such person soconfined' or any other person confined under authority of the City.. (b) Aiding Escapees. Assist or aid, or attempt to assist or aid any person in the custody of or confined under the authority of the City to escape from jail, place of confinement, or custody. (c) Escape from 3ails. While a prisoner in the City Jail, or in any other place where p msoners are confined, or other- wise in custody of and confined by the City, escape or attempt to escape or to assist others to escape or attempt to escape from such custody or confinement. Page (16) Registration of Convicted Persons. Everf person who, within the effective date of this Ordinance has been eon- rioted of a felony under the laws of the United States, of the State of Florida· or of any other State, or any other Government or Country, or who has violated any national or state law relating to the possession sale or transportation of any arcotlc and who · · n ' · is residing in the City on the effective date of this Ordinance or who comes into the City from any point outside the City, whether in transit through the City or otherwise, shall report to the Chief of Police of the City within five days of the effective date of this Ordinance if residing in the City on said effective date or.within forty-eight (48) hours after his arrival within the City if coming into the City after said effective date, and shall famish to the Chief of Police a w~itten statement sig~ed by such person, giving the following information: (1) His true name and all al'lases which he has used or under which he may have been known. (2) A full and complete description of his person. (3) The kind· character and nature of each crime of which he has been convicted. ~ (4~~ The place where such crime was or crimes were ommltted and the place of conviction of the same. (8) The name under which he was convicted in each instance and the date thereof. (6) The name if any, and the location of each p zson, reformatory, ~al~' '1 or other 'penal i ' · nstltUtlon in which he was confined or to which he was sentenced. (7) The t ' coat,on and address of his residence, stopping place, living quarters or place of abode in the City; if he has more than one residence, stopping place, or place of abode, that fact must be stated and the location and address of each i g van. (8) A statement of the kind of residence, stopping place or place of abode in which he resides, whether the same is temporary or permanent i.e. whether the same is buildin~a privateorreS~denCe,structure.' hotel, apartment' ' house, or other (9) The length of time he has occupied each such place of residence· stopping place or place of abode, and the length of time he expects or intends to remain in the City. (10) Such other information as the Chief of Police rdlnance ~292 Page 14 find reasona~y~-- necessary to carry out the intent of this sub- sect ion. .. not(a) beFUllconstruedPar°lees+~ ~..Excepted' This sub-section shall ~v'~'a~y to any person who has received a full pardon for each crime whereof he shall have been convicted. ~ ~.~. _(b) PhotographSinformationand Fingerprints.' ' At the time for ~urnzsnzng-smCh as rec~ired above, the person egzs~ering shall be photographed-and ~' the Chief of ol~ce and photographs and flngerpnnts p ' ~ .~erpr~n .~e~ Dy be made a part of the permanent record herein providedShallfor. False znrormation. It shall be unlawful for any person re~aired by any provision of this Ordinance to falsefUrnishoranYiCtltiousSUCh report,~ to~ furnish in such report any a~ress, or any address other than f, a trme address or intended address, or to furnish in making any such report any false, untrue, or m~s~ea~'n- information or statement relatin~ to any information Guiredfurnish~d.bY any provlsl©n' ' of this Ordinance to be made or (d) Records Confidential. The statements herein re- quired shall at all ~imes be kept by theChief' of Police in a file or files separate and apart from other files and records maintazned' and kept by the Police Department of the City and shall not be open to inspection by the public Department°r by any perSOnof the°ther'~thancity, a regular member of the Police (e) Records Available toPolice' Officials. The Chief of Police shall have the authority to transmit copies of records recruited herein to the Sheriff of State, to the head of any organized" polzce- anYdepartmentOfcounty the any municipalit of y in the State, or to the head of any anydepartment criminal of law the of State this engaged in the enforcement of State, or to the head of any Federal law enforcement agency, or to any sheriff or chief of police of amunlczpallty,' ' ' or to the head of any other law enforcement agency of any~ state in any state or territory outside of the State, when request is made in writing by such sheriff or other head of a law enforcement agency asking for the record of a certain person named therein, and stating that such record is deemed necessary for the use of such law enforcement O fflcer or agency for the investigation of any crime, Ordi'nance ~gZ Page~ 15 or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose. (f) Disclosure of Information Illegal. It shall be un- lawful for any Police officer or employee of the Police Department to disclose to any person any information con- tained in a statement required hereunder. SEC_ ~ION~. OFFENSES AGAINST PUBLIC HEALTh. (1) Weeds. No owner of any lot, place or area within the City, or the agent of ~uch owner, shall permit on such lot, place or area, or upon any sidewalk abutting the same, any weeds, grass, or deleterious, unhealthful growths, or other noxious matter, that may be growing, lying or located thereon. (a) Notice to Destroy. The Mayor or designated official is hereby authorized and empowered to notify in. w.riting, the owner of any such lot, place or area w~thln the City or the agent of such owner, to cut, destroy· and/or remove any such weeds, grass, or dele- terious, unhealthful growths, or other noxlous' matter, found growing, lying or located on such owner's property, or upon the sidewalk abutting same Such notice shall be by eg~stered Ma~l, addressed to said owner, or agent of said owner, at his last known address. (b) Action Upon Non-Com lian p ce. Upon the failure, neglect, or refusal of any owner or agent so notified, to cut, destroy and/or remove weeds, grass or deleterious, unhealthful growths or other noxious matter, r · g OWing, lying, or located upon such owner's_property, or upon the sidewalk abutting same, within ten (10) days'after receipt of the written notice provided for in sub-section (a) above, or within Ten' (10) days after the date of smch notice, in the event the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided the same was property addressed to the last known address of such owner, or agent, the Mayor or designated officer is hereby authorized and em- powered to pay for the cutting, destroying of such weeds, grass, ordeletermous,~ unhealthfuland/°r growthsrem°val or other noxious matter or to order the r~moval by the City. (c) Charge Included in Tax Bill. When the City has effected the removal of such obnoxious growth or has paid for its removal the actual cost thereof, plus accrued Ordinance #292 Page 16 interest at the rate of six per cent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forWarded to such owner by the City, and said charge shall be due and payable by said owner at the time of -payment of such tax bill. (d) Recorded Statement C · onstztutes Lien. Where the full ame~ut due the City is not paid by such owner within thirty (30) days after the. cutting, destroying and/or removal of such weeds, grass, or deleterious, unhealthful growths, or other noxious matter, as set forth in sub-sections (b) and lc) above, then, and in that case, the Mayor or desi~cmated official shall cause, to be recorded in the Nortga~e~ Office' of the C!ty a sworn statement showing the cost and expense incurred for. the work and the date, place or property on which said. work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force smd effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made; said costs and ex- penses shall be collected in the manner fixed by law for the collection of taxes and, further shall be s~bject to a delinquent penalty of 10 per cent in the event same is nOtw~ paid. in full on or before the date the ta~bill upon hlch' said charge appears becomes delinq~e.nt; sworn statements recorded in accordance with the provisi OhS hereof~ . shall, be prima facie evidence that all legal ~orma!ltles have been complied with and that the work has been done properly and satisfactorily done, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property desi ate ?- qn d or described in the statement and that the same is due and collectible as provided by law. (3) Stench Bombs. (a) Throwin~ or Depositin9' No person ia the City shall throw, dr0~, pour, deposit, or discharge upon the person or property of another any liquid gaseous or solid substance which is injurious to person or property or which is nauseous, sickening, irritating or offensive to any of the senses with intent to wrongfully injure, molest, d' d' lscomforl, lscommode or coerce another in the use, management, conduct or control of his person er property. No person shall attempt, or aid in the attempt or commission of any of these prohibited acts. Ordinance ~292 Page 17 (h) PoSsession Prohibited. No person in the City shall manufacture or prepare or have in his possession er under his control, any licr~id, gaseous or solid sub- stance or matter of any kindwhzch' is injurious to person Qr property, or which is nauseous, sickening, ir- ritating or offensive to any of the se~ses with the intent to use the same in violation of section (a) or with intent that the same shall be used inv'iolatien- ' of sub-section (a) above. ~e ~ssession or control by ~ny person of any such liquid, ~se6us or solid s~- stance or matter shall be deemed prima faci e evidence of intent b use the same or ca=se the same to be used in violation of sub-section (a) ~ove. (c) Excepted Uses. ~e prohibit' i~ ~zne of . ~ po~zee or~zcers · duty or to Drearier .... ~ , . actzn~ or their employees using such substances for the pro- tection of their property and their business when the s~st~ces referred to h ' places for %he P~rpose of r ' ereln are kept solely epell~nq robbers,thieves' murderers or Other law violators., (6) E~ectoration. No person tn the City shall u~n any s~dewalk, street floor in P~lic but ' exPeCtorate other p~bllc plaoe~ ' l~ngs or ~pom ~y SE~ION ~. No person in the City shall: galnst ~bltc and Private Proper~y. (a) i ' njury er R~owal, Willfully, wantonly, negligently or otherwisein3ure,' maliciouslY,deface, destroy, or remove real Property or improvements thereto, or moveableto any person°r personali~ the City.pr°party' ~elonging to the City or (b) Scattering ~bish. ~row or pe~it ~o be de,sited or scattered upon any s' ldewalk, alley, street, bridge or public passageway, or ~n ~y privat property any waste or Other material of an~ k' e (o) Postin~ Notices. Fasten in any way ~y show- card, ~ster or other advertising device u~n Pm~lic or private Property in the City unless legally amtherize to do so (~) Against Public Property. Ordinance Page 18 (a) Tampering. Tamper with, injure, deface, destroy or move any sign, n ' f. f. otxce, marker, Ire-alarm, box, ire-plug, topographical survey monument or any other personal property erected or placed by the City. (b) Obstrmcting Passageways. Place or erect upon public way or passageway to any building en obstrmction of any type, provided that this sub-section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the PUrpose of S afeguard~ng the PEblic. (c) Removal of Earth. Move, disturb, or take any earth, stone or other material from any public street, alley, par~ or other public ground. SECTION 7_. .OFFENSES iNVOLVING MORAL~. No person in the City shall: (1) P . rostltution. {a ) Committing. C ' ommlt or offer or agree to commit a lewd act or an act of prostitution' or moral perversion. (b) Securing. Secure or offer another for the purpose of committing a lewd act or aa act of prostitu- tion or moral perversion. (c) Frecfmenting. Be in or near any place freqm'ented by the public, or any public place, for the purpose of inducing,e. ntlclng,' ' or procuring another to commit a lewd act or a~ act of prostitution or moral perversion. (d) ~eretricious Display. Make a meretricious display in or near any public place, any place fre- ~ented by the public, or any place open to the public V1 eM. (e) Transportation. Eaowingly transport any person to any place for the purpose of committing a lewd act or an, act of prostitution or moral perversion. (f) P . . ermittlng. ~owlingly receive, or offer or agree to receive any person into any place or building for the purpose of performing a lew~ act or an act of prostitution or moral · .perversion, or' to knowingly permit suchany personpurpose.tO remain ~n any place or building for any 0 ' rd~nance Page (g) Direct ing. Direct .... or offer to direct any person to any place or building for the purpose of c ' ' lewd act or act of p ostltutlon or moral perversion. r ' ' ommitt lng any (h) Aiding. Aid, abet, allow, permit, or participate in the commission of . any of the acts prohibited in sub- sections (a) through (g).above. (2) Solicitation ofDrinks.' No female person shall frequent or loiter in any tavern, cabaret, or night club, with the purpose of soliciting men to purchase drinks. No proprietor or operator of any s~ch establishment shall allow the presence ~n such establishment of any woman who violates the Provisions of this sub-section. (3) Lodging Accommodations. (a) Registration Under Fictitious Name. Write or cause to be written, or knowingly permit to be written in any register in any hotel, lodging house, rooming' house, or other' place whatso- ever.~ wheretransients' are accommodated in the City, any other or registereddl*ferent namer or. designation' than the true name of the person so kno~u~, here~n, or the name by which such person is generally (b) Unlawful Occupancy. Persons of the opposite sex, except husband and wife or parent and minor child, shall not jointly and privately occupy any room or rooms in any dwelling unit, apartment, lodging house, t~otel or any other place where transients are accommodated. (c) Occupancy by Persons of 0 ' pposite Sex. No propri- etor, manager, or other person in charge of such hotel, lodging house, rooming house, or other place where transients are accommodated, shall rent or assign rooms for joint, private occupancy by persons of the opposite sex unless such persons shall be r eglstered as h~band and wife, or as parent and m~nor ~hlld (c-l) Reasonable doubt of Lawful Relationship. No proprietor, manager, or other person in charge of any hotel, lodging house, rooming house, or other place where transients are-accommodated, shall rent, or assign rooms for joint, private occupancy if n , otwlthstandlng thr lawful appearance of the registra- tions, he has reasonable cause to believe such tra~sients not husba~ud and wife or parent and minor child, and when such transients are unknown to him, he shall not receive them as guests without first requiring some reasonable evidence of a lawf%%l relationship. (d) Mul~iple Night Rentals. No proprietor, manager, or other person in charge of any place where transients are accommodated for sleeping or lodging purposes shall let any room or rooms more Ordinance #292 Page 20 than once between the hours of 6 p.m. and § a.m. the next day except to bona fide travelers with baggage. (4) Vulgar Language. Use vulgar, profane or indecent language on any public s±reet, or other public place or in any public dance hall, club dance, skating rink, or place of business open to public patronage. ($) Indecent Exposure p make and indecent gestures. · ubllcly expose his person or (6) Apparel of Opposite Sex. dress of the oppos~e sex. Appear in public in the (7! Window-Peeping. Look' ear' . found loiter ~ = ..... ~ ._ h~.,.. . , P; , or peep Into, or be wn P~operty with the in+~ ~: -' . _, y w~dow not on his window. ~ .... ~* ~tchlng or looking through said (8) g . ambling. (a) Participation Prohibited. Engage in a game'of chance prohibited by the statutes of the State of Florida or ordinances of this City. (b) p · ossesszon of Materials. Have in his possession any evidence of illegal gambling in the nature of ~licy Or pool tickets, slips or checks or memoranda of · . .~ ~ny policy wheel, dice ~ .... ~ ~ny combination or bet or form of illegal gambling or lottery,pp a us or material of any (c) Owner ofPremises.' No person bein~ the owner or person in control of premises shall knowingly permit the use o~ occupancy thereof for gambling. (9) Animals. (a) Cruelty to Animals. Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or transport in any vehicle or Other conveyance in a cruel and inhuman manner, any animal; or cause any of these acts to be done. (b) Food and'Shelter. Shall fail to provide a~y - animal in his charge or custody with necessary sustenance, drink, done.and protection from the elements, or cause any of these acts to be (c) Abandonment. act to be done. Abandon any animal, or cause such Ordinance #Z92 Page ~1 (d) Fight upon Exhibition.- Na:~ntain' any place where fowls or any "animals are suffered to fight upon exhibition or for sport upon any wager. diet lbute POison in any manner 'whatsoever with the intent or r' (e) Poisoning Dogs. Poison any dog or dogs or for the purpose of poisoning any dog or dogs. (f) Killing Animals. Frighten, kill, take, capture, ensnare, net trap or In anySh°°tOther"at'manner.'wound' molest or injure any' robin, lark, Whipporwil-1, finch, sparrow,. thrush, wren, martin, SWallow; bobolink, red-winged blackbird, crow, raven, oriole,'kingbird, mocking bird, song-s~rrow, or other song bird or insectivorous bird; or in any manner molest or injure ~he nest eggs or yo~g of any Such bird; o~ have in possession the nes~ eggs, young or body of such bird. (g) Indecen~ E ' ' · A ' · E xhlb~lon of n~mals- xh~bi't an~ stud horse or bull or o~Ser animal indecently, person, le~ an~ male animal to any female an'lmal ~lessn°r shall the S~e be done in some place wholly enclosed and ou~ of public view. (10) Lookouts- for I~legel ~cts. ~ct as a guard or looko_tu for any.buird~ng~l premises or e ' g~ng, .prost~u~'iOn or . · __~tabl~hment used for - or whet ..... '. any other form of v ' e zntox~catln-~ li~ ~ .... ~ ~, - ~9e or ~llegal act chased, or for any person so~C~n-' ~3 ~pL, SOi~ or pur- prostitution,r . . .g~lin~- or any other form°fferingof Vicei°r orengagingillegalinact, or any p os~ltute, on any street or sidewalk. Nor-shall any person give any sisal intended to, or calculated to warn, or give w ' of the approach of any peace ff~cer ~o any person in or about such o ~ng building or premises er places mentioned herein. SECTiO[~. OFFENSES INVOLVING C~LD~E~. No perso~ in ihe City shall: (1) Offenses Affecting Children. (a) Wrong~ ~o Children. No person having ire custody, control or confidence of or infl wzl~fully' cause or permit th~= ~ o~-~ sm ~en~.overlid ~Y-chlldt care, shall or health of such chiTM~ ...... ca ca to De end~ e r7 p~ceQ. ~n SUch a situ~t~ ~-, ~us~ness~-t' ~ .... o~ ~~ ~uch child to l~fe, health, or mor~l~ ~ ~- - , ~ occupation that it cause or pe~it s,~ -~ i_ ?~ e~Gangere~; or shall or occunation .~f~fTT ~o_oe_pzaced in such a sit,,=*~Z2-~ or ~o willfully abandon · ~=~ oz mora~s shall he ~uch child: or s~all ~orture, ~ermen~,end~gered;cruelly punish, er w~llfully' ornegligently' - deprlve of necessary food, clothing Ordinance #292 Page 22 or shelter, or in any other manner in3ure such ckild Unnecessarily. (b) Presence B' operating or avlng the control of $~ny billiard or pool table h ' in llliard Parlors. No Person for profit, or ~no has ~he control of any is kept, used, operated of any kind Whatsoever,shallf°r profitpe~t~anYor~i l~°°mallowiardan~°r°rm.r°°msP°°l tableWSe rein the age of 21 ~ears. to play thereon or to use any s~51n°rt~le,~nder or to be, remain In, or fremont any such room. (b-l) Du~y to Pos~ Sign. It shall be the duty of any person who is the ProPrietor or keeper of a b~lliard parlor or pool hall ~o post conspicuously in his place of the following si~: "~4inors ~nder %he Age of ~enty_~e (21) years No% Allowed Here". 'person wh (e) Presence in ~a~lin~ and Dr~nkin o is ~he proprietor o q Uses ~r Pe~i% an,~ m~ ........ . r keeper of ~ ~- - ' o in or abou~ ~,~~ ~er ~he age ~of 9~ 2_~__~e~, shall beer or any ~+~-- ~ , ~r ~o drink . ~ . re~ent or or engage or Participate in ' v~= ~a or about th- ~ r any g~e of billiards, ~ same, or ~y g~e, bet or Wager with any cards or any Other g~bling device,or any other g~e whatsoever, in or about s~ch Place. (c-l) ~ty to Post Si~. it shall be the duty of any person who is ~he proprietor or conspicuously in his place of b ' keeper of a tave~ to post Us~ness the following si~: "Minors Under(d) ~eT Age~ of ~'en~-one (21) years Not Allowed Here". attoo~ng of Minors. Tattoo any min age ~f 21 years ~less the parent, guardian.. 6r other°r personUnder thehaving charge and custody of said minor shall first have her written consent to such tattooing of such minor. g yen his or article-~h~ch~e) thePUrchaseminor for Minor. Procure for any minor is forbidden by law to purchase, any (f) As under 18 years ~s~it on C~il~en 5~er~]a ~ . the ~ ~ ~ge; or take i --- ~ssaul~ an person of s . . ndecent . ~y ch~d . uch ch~l · ~ end ~m r . · nto any room ~ ~, or entice =~.._ P oper lxberties ~Y ~odest i~--~ ~n~ other place f~ ~P rsuade such child take ~v s,~2~ ~~ or ln~ecent 1' ~ . ~. ~e purpose of -~ ~ne person of such ~Y~ c~ild; or (f-l) Indecent Exposure ~n Child's Presence. Person shall, in ~he Proximity of any child under 18 years of age indecently expose him or herself with intent to assauI~ or ravish such child. Ordinance #292 Page 23 (2) Offenses in the Nature of Commercial Transactions Invo lying Chi !dren. (a) Transactions with Second-Hand Dealers. No person licensed as a second-hand dealer, junk-shop keeper, or house to house second-haiti buyer, or any agent, employee or servant ~f such licensee, shall sell to or in any manner deal with any minor under the age of 21 years except that such licensees may purchase rags and waste paper from minors under the age of 21 ($) Offenses by Children. It shall he unlawful for a minor to: (a) False Statements. To make fals~ statements, or to furnish, present, or exhibit any fictitious or false registration card,' identification card, or note or other document, or to furnish, present, or exhibit such document or documents issued to. a person other thmu the one presenting the same, for the purpose of gaining admission to p~ohihited places or fo~ the purpose of pro- curing the sale, gift, or delivery of prohibited articles, including beer, liquor, or wine. (b) Procure Unlawful Services of Others. To engage or utilize the services of emy other person, whether for remuneration or not, to procure for such minor any article which the minor is forbidden by law to purchase. vehicle. (c) Hanging on Vehicles. To hang on to any moving SECTION 9. SEPARABILITY It is the intention of the City Council that each separate provision of this ordinance shall be deemed .independent of all other provisions herein, and it is further the intention of the City Council that if any provisions of this ordinance be declared to be invalid, all other provisions thereof shall remain valid em.d enforceable. SECTION 10. R_EPEALIN~L PROVISIONS, All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. PENALTIES. Any person, firm or corporation convicted of the violation of any of the terms or provisions of this ordinance may be fined in a sum not to exceed $500.00 or may be imprisoned for not more than Ordinance #292 Page 24 ninety (90) days, or may be both fined and imprisoned within the discretion of the Trial Court. Q - First reading this 17th day of December, 1~5o. Second, final reading and passage this 7th day of. January ~ 1957, Attest C~u-nc'{l'man ,/