O68-22ORDINANCE NO. 68 - 22
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ALLOWING LAW ENFORCEMENT OFFICERS
OF THE CITY TO STOP PEOPLE HAVING KNOWLEDGE
OF CRIMES OR IN CERTAIN SUSPICIOUS CIRCUMSTANCES
FOR PURPOSES OF QUESTIONING AND IiDENTIFtCATION;
FURTHER PROVIDING FOR-AUTHORITY TO CODIFY;
A SAVINGS CLAUSE; REPEALING PROVISIONS; PENALTY
PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
Section 1: The codified ordinances of the City of Boynton Beach,
Florida, are hereby amended by adding the following:
(1) Stopping of persons having knowledge of crime. A law
enforcement officer lawfully present in any place may, if he
has reasonable cause to believe that a felony or misdemeanor
has been committed and that any person has knowledge which
may be of material aid to the investigation thereof, order
such person to remain in or near such place in the officer's
presence for a period of not more than twenty minutes.
(2) Stopping of persons in suspicious circumstances. A law
enforcement officer lawfully present in any place may, if a
person is observed in circumstances which suggest that he
has committed or is about to commit a felony or misdemeanor,
and such action is reasonably necessary to enable the officer
tO determine the lawfulness of that person's conduct, order
that person to remain in or near such place in the officer's
presence for a period of not more than twenty minutes.
(3) Action to be taken during period of stop. A law
enforcement officer may require a person to remain in his
presence pur~s, uant to subsection (1) or (23 of this section
only insofar as such action is reasonably necessary to
(a) obtain the identification of such person;
(b) verify by readily available information an
identification of such person;
(c) verify by readily available information any
account of his presence or conduct or other
information given by such person.
(4) Use of force. In order to exercise the authority conferred
in subsections (1) and (2) of this section, a law enforcement
officer may use such force, other than deadly force, as is
reasonably necessary to stop any person or vehicle or to cause
any person to remain in the officer's presence.
(5) Search for dangerous weapons. A law enforcement officer
who has stopped or ordered any person to remain in his presence
pursuant to this section may, if he reasonably believes that his
safety so requires, search such person and his immediate
surroundings, but only to the extent necessary to discover
any dangerous weapons which may on that occasion be used
against the officer.
(6) Action to be taken after period of stop. Unless an officer
acting hereunder arrests a person during the time he is authorized
by subsections (1) and (2) of this section to require such person
to remain in his presence, he shall, at the end of such time,
inform such person that he is free to go.
(7) Records relating to persons stopped. A law enforcement
officer, who has ordered any person to remain in his presence
pursuant to this section~ shall with reasonable promptness
thereafter prepare and sign a report setting forth the name and
address of such person; the place, time and purpose of the stop;
the names of additional officers and other persons present;
whether the person stopped objected thereto; whether force was
used and, if so, the degree and circumstances thereof; and
whether the person stopped was searched and, if so, a
description of all items seized and their disposition.
Section 2: Authority to Codify: Specific authority is hereby granted
to codify and incorporate this Ordinance in the City's existing Code,
Section 3: RePealing Provision: All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Sectio..n 4:. S~parability:.. ]Each of the provisions of this ordinance are
separable, including word, clause, phrase, or sentence, and if any portion
hereof shall, by a Court of competent jurisdiction, be declared invalid, the
remaining portion shall not be affected but shall remain in full force and effect
Section 5: Penalty Provisions: Any person, firm or corporation
convicted of violating the provisions of this Ordinance shall, upon conviction
thereof, be penalized by fine not exceeding $500.00 and costs of prosecution,
or imprisonment not exceeding ninety (90) days, or by both such fine and
~m pris ohm e nt.
Section 6: ]Effective Date: This Ordinance shall become effective
in the manner and at the time Provided in the charter and ordinances of the
City of Boynton Beach, Florida.
First reading this. .~-k~ .day of ~%~ Qb~~g~ , A.D. 1968.
Second, final reading and passage this ,~ day of ~f~g~
1968.
-2-
ATTEST:
City Clerk
SEAL
CITY OF B~YNTON Bt{ACH, FLORID
May~or ~j
-fCounCi~an
" ~oUncilman I~ ~
Councilman