HomeMy WebLinkAboutOrdinance No. 20-1965MICROFILMED3.13.80,fiea s =iU
ORDINANCE NO. 20 -65
All ORDINANCE DECLARING CERTAIN ACTS OR
CONDUCT ILLEGAL RELATING TO BEER AND
NINE, ANIMALS AND FOWL, DYNAMITE AND
EXPLOSIVES, ASSAULT AND BATTERY, ASSEMB-
LIES, BRIBERY, DESPOILING PROPERTY,
DISORDERLY CONDUCT, DISTURBING RELIGIOUS
WORSHIP, FIRE ALARMS, INDECENT BEHAVIOR,
PETIT LARCENY, TAKI14G OR CONCEALING OF
ANOTHERS PROPERTY, ASCF.SSORY, ILLEGAL
NOISES, INJURY TO PUBLIC PROPERTY, RESIST -
ING ARREST A14D FALSE REPORTS, STATE
MISDEMEANORS, TRESPASSING, VAGRANCY,
WEAPONS AND POLICE REGISTRATION; PROVIDING
PENALTY FOR VIOLATIONS, PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA:
SECTION 1. BEERS AND WINES:
(1). Inspection and search of licenses premises -
Licensees under this Section by the acceptance of their
license, agree that their places of business shall always be
subject to be inspected and searched without search warrants
by the police officers of this city during business hours
or at any other time such premises are occupied by the
licensee or other persons.
(2) Permitting intoxicated person to loiter about
premises - It shall be unlawful for any intoxicated person
to loiter in and about the premises used or occupied by any
beer and wine licensee, and it shall be the duty of the
operator to remove such intoxicated persons from the premises.
(3) Alcoholic beverages - Consuming on streets or In
public places - It shall be unlawful for any person to drink
or consume alcoholic beverages, including liquor, beer, or
wines, on any public streets, in any public parks, or in any
other public place, unless such place is licensed by the city
for the sale of alcoholic beverages.
(4) Intoxication on streets. - It shall be unlawful
for any person to be found in a state of intoxication in any
public place, street or thoroughfare in the city.
(5) Rules of evidence relating to alcoholic beverages.
In all prosecutions for violations dealing with alcoholic
beverages proof that the beverage in question was and is
known as whiskey, rum, gin, brandy, vodka, wine, beer, ale, or
other similar name or names shall be prima facie evidence
that such beverage contains more than one per cent of alcohol
by weight and that same is intoxicating. Any sealed bottle,
can or other container which is labeled or stamped in accord-
ance with the Beverage Law of Florida shall be prima facie
evidence that the contents thereof contains more than one
per cent of alcohol by weight and that same is intoxicating.
Any person or persons who by experience in the past of hand -
ling or use of alcoholic beverages, or who by taste, smell or
the drinking of such beverages has knowledge as to the intoxi-
cating nature thereof, may testily as to his opinion whether
such beverage or liquor is or is not intoxicating, and a
verdict based upon such testimony shall be valid.
OR 20.65
PAGE I OF9 s5
MICROFILMED 3.13.80
SECTION 2. ANIMALS AND FOWL
(1) Cruelty to animals. - Whoever overloads, over-
drives, tortures, torments or deprives of necessary susten-
ance, or unnecessarily or cruelly beats, or mutilates or
kills any domestic animal, or causes or permits any of such
offenses to be permitted within the corporate limits of the
city, shall be punished as provided in Section 25 of the
Ordinance.
(2) Barking dogs. - It shall be unlawful for any
person or the owner or anyone having charge, control or cus-
tody thereof, to keep any dog within the corporate limits of
the city which howls, yells, or barks excessively so as to
disturb the sleep, peace and quietude of any inhabitant of the
city.
(3) Damaging property of another; proof of violation. -
It shall be unlawful for any person who shall own or be in
control of or in charge of any dog, to allow or permit such
dog to wander or stray upon the property of another and damage
such property. In the event any such dog shall wander or stray
upon the property of any person within the corporate limits of
the city and shall cause damage thereon, proof of such damage
and identity of the dog shall be sufficient to convict the
person owning or having charge of or control of the dog of
violating the terms and provisions of this section.
(4) Vicious dogs running at large, defined. - It shall
be unlawful for any owner or keeper of any vicious dogs to
permit such dog to run at large or without the enclosure of
the owner or keeper thereof within the corporate limits of
the city without being properly muzzled. Any dog known to
have bitten any person is hereby defined as a "vicious dog"
but the term "vicious dog" shall not be limited only to those
dogs who are known to have bitten any person.
SECTION 3. DYNAMITE A14D EXPLOSIVES
(1) Compliance with article.- It shall be unlawful
for any person to keep or store dynamite, nitro - glycerine, deton-
ators, dynamite caps . or other high explosives within the city,
except as provided in this article.
(2) Same - Application; issuance. - Any person desiring .
to manufacture, transport, sell, use, explode, care for, or
keep or give away high explosives, or Inflammables, or other
substances of like nature, or any materials, compounds, combi-
nations or things whatsoever which may tend to increase the
fire hazard, or to conduct any hazardous business or operations,
or to perform any service of like dangerous character, within
the corporate limits of the city, shall make application in
writing to the chief of the fire department, and it will be
Illegal to proceed with such manufacture, transportation, sale
or explosion of such high explosives, etc., until a permit
shall have been issued by the chief of the fire department.
This section shall not apply to through transportation of
explosives on Highway AIA, which does not stop out of the flow
of the traffic.
SECTION 4. ASSAULT AND BATTERY
Whoever commits an assault and battery on another
person, or assaults another person, within the corporate limits
of the city shall be punished as provided in Section 25 of the
Ordinance.
-2-
OR 20-65
PAGE A. OF9 - 22E
MICROFILMED 3.13 -8'O '
SECTION 5. ASSEMBLIES
Any person or persons who shall stand, congregate or
assemble upon any of the sidewalks or corners of the streets,
or in, around or about the the parks or other public places
or buildings in this city to the annoyance of or hindrance
to the passer -by, shall be liable to arrest, and it shall be
the duty of the chief of police or any other officer of the
police force under his direction, to order all persons vio-
lating this section to move away or disperse and in case of
neglect or refusal to obey such order, to arrest or cause
to be arrested the person so refusing or neglecting to obey,
and take him or them before the municipal court for trial.
SECTION 6. BRIBING POLICE OFFICERS
(1) It shall be unalwful for any person to give or
offer or promise to give anything of value to any police officer
of the city with intent to influence his act in the carrying
out of his official duties.
(2) It shall be unlawful for any police officer to
receive or agree to receive anything of value for any services
rendered in his official capacity, except his regular pay from
the city.
(3) It shall be unlawful for any police officer of the
city to unlawfully promise, expressly or impliedly, that any
person shall be immune from arrest or any house or establish-
ment shall be immune from police inspection or that it shall
have protection from police investigation or inspection.
SECTION 7. DESPOILING PROPERTY.
Any person guilty of desecrating or despoiling any
publicly -owned property, cemetery, church or any other property
set apart for public use or held for benevolent or charitable
purposes, or who shall in any way deface or post bills upon
any private property, shall be deemed guilty of a misdemeanor,
and upon conviction shall be punished as provided in Section
25 of the Ordinance.
SECTION 8. DISORDERLY CONDUCT
All persons who shall make, aid, countenance or assist
In making improper noise, riot, disturbance, breach of the peace
or diversion tending to a breach of the peace, within the limits
of the city; all persons who shall collect in bodies or crowds
for unlawful purposes, or for any purpose, to the annoyance
or disturbance of other persons; all persons who are Idle or
dissolute and go about begging; all persons who use or exercise
any juggling or other unlawful games or plays; all persons
lodging in or found at any time, in sheds, barns, stables or
unoccupied buildings, or underneath sidewalks, or lodging in
the open air and not giving a good account of themselves; all
persons who are found in houses of 111 -fame or gaming houses;
all persons who shall willfully assault another in the city,
or be engaged in or abet any fight, quarrel or other disturbance
in the city; all persons who stand, loiter or stroll about in
any place in the city waiting or seeking to obtain money or
other valuable thing from others by trick or fraud or to aid
or assist therein; all persons who shall engage in any
fraudulent scheme, device or tricks to obtain money or other
valuable thing in any place in the city, or who shall aid or
abet or in any manner be concerned therein; all touts, ropers,
steerers, or cappere, so called, for any gambling room or house
who shall ply or attempt to ply their calling on any public
street in the city; all persons found loitering about any hotel
block,, barroom, gambling house or disorderly house, or wander-
ing about the streets either by night or by day without any
OR 20.65
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MICROFILMED 3.13.80
known lawful means of support, or without being able to
give a satisfactory account of themselves; all persons who
shall have or carry any pistol, knife, dirk, knuckles,
.slingshot or other dangerous weapon concealed on or about
their persons; and all persons who are known to be thieves,
burglars, pickpockets, robbers or confidence men either by
their own confession or otherwise, or by having been con-
, victed of larceny, burglary, or other crime against the laws
of the state or any state in the United States, who are
found lounging in or prowling or loitering around any
steamboat landing, railroad, depot, banking institution,
place of public amusement, auction room, hotel, store, shop,
thoroughfare car, omnibus, public conveyance, public gather -
ings, public assembly, court room, public buildings, private
dwelling - house, out- house, house of ill -fame, gambling house,
tippling shop, or any public place, and who are unable to
give a reasonable excuse for being so found, shall be deemed
guilty of disorderly conduct.
SECTION 9. DISTURBING RELIGIOUS WORSHIP
It shall be unlawful for any person to disturb any
congregation or assembly met for religious worship, by making
any noise or by rude and indecent behavior, or by profane
discourse when in a place of worship, or so near thereto as
to disturb the order and solemnity of the meeting.
SECTION 10. FIREARMS -- DISCHARGING
(1) It shall be unlawful for `any person to discharge
any kind of firearms, including air rifles and air pistols
(commonly known as BB guns) within the corporate limits of
the city.
(2) Same -- Carrying concealed. - It shall be unlawful
for any person to carry concealed upon his person or have In
his manual possession any pistol or rifle without having a
permit to carry the same which permit shall be issued by the
chief of the police department.. Before any permit shall be
issued under this section, the police department shall procure
the make, number and owner of such gun and such information
shall be filed In the police department.
SECTION 11. FALSE INFORMATION CONCERNING BOMB
EXPLOSI f .
It shall be unlawful for any person to knowingly give
false information to the effect that a bomb will explode or
be exploded in any building, vehicle, vessel, conveyance, or
in any public place.
SECTION 12. INDECENT BEHAVIOR GENERALLY
(1) It. shall be unlawful for any person to commit an
indecent or lewd act, to exhibit or perfomn an indecent,
Immoral or lewd play or other representation, or to appear
in public In a state of nudity or indecent exposure of person.
(2) Indecent proposals. - It shall be unlawful for
any person to make any insulting, indecent, lascivious or
lewd proposals to any other person of either sex within the
corporate limits of the city.
SECTION 13. LARCENY, PETIT
Whoever commits larceny by stealing any money, goods,
OR 20.65
PAGE •�A OF 9 i2e
MICROFILMED 3.13 -80
chattels, bank notes, bonds, promissory notes. bills of
exchange, books of account, deeds, contracts, writs, process,
public records, or, any other property of another, the
value of which does not exceed one hundred dollars, with
the intention to permanently deprive the owner of the use
and benefit thereof, or to appropriate the same to the use of
the taker, or any other person, shall be guilty of petit
larceny, and shall be punished as provided in Section 25 of
the Ordinance.
SECTION 14. TAKING POSSESSION OF OR CONCEALING
PROPERT 1 R
It shall be unlawful for any person to take possession
of or conceal property of another without the owners consent,
or to have in his possession or control property of another,
knowing that the owner has not consented thereto, whether
the said person is on or off the owners premises, or for
any person in any manner to aid, assist or abet another person
to do the aforesaid.
SECTION 15. BUYIIIC,, RECEIVING, CONCEALING STOLEN
PROPERTY
Whoever buys, receives or aids in the concealment of
stolen or embezzled money, goods or property, knowing the
same to have been stolen or embezzled, shall be punished as
provided in Section 25 of the Ordinance.
SECTION 16. NOISES -- MUSICAL INSTRUMENTS AND RADIOS
(1) It shall be unlawful for any person to maintain
and operate in any place or on any premises in the city, any
radio or other mechanical musical instrument or device of
any kind whereby the sounds therefrom are cast directly upon
public streets and places, and where such devices are main-
tained and operated for advertising purposes or for purpose of
attracting the passing public, or which are so place and
operated that sounds coming therefrom can be heard to the
annoyance and inconvenience of travelers upon any street or
public place or of persons in neighboring premises; provided,
however, that between the hours from 11:30 AM to 1:OOPM and
from 5:00 PM to 9:00 PM such radios or other mechanical
musical instriunents or devices may be maintained or operated
in such a manner that the sounds therefrom may be heard not
more than a distance of three hundred feet therefrom.
(2) Same -- Hours noisy outdoor amusements must close.
It shall be unlawful for the owner of or any person employed
at any place where an outdoor amusement is operated, to
operate or conduct such business between the hours from 10:00 PM
to 6:00 AM of each day, whereby noise emitting therefrom shall
dleturb the peace and quiet of inhabitants or occupants of
any building.
(3) Same -- Hours noisy businesses may operate. - It
shall be unlawful for any person to perform labor or work,
or operate or conduct any business or enterprise in the city
A except gasoline filling stations as prvided in Ordinance
{81 -64) on any day except between the hoours of 8:00 AM to
6:00 PM, at a location so close to inhabited dwellings,
apartments or hotels so that the noise emitted from the
operation of ouch business or mnt errp rise shall disturb or is
detrimental to the health, peace and quiet of any occupants
-5-
OR 20.65
FADE $OF 9
MICROFILMED 3.13.80
thereof. In the event any emergency exists, or conditions
with reference to the operation of any business are such
that it would be unjust and inequitable for the same not
to be operated during the prohibited hours upon application
made to the chief of police, and after an investigation has
been made by him, he may issue a permit authorizing any
business to operate for only a limited period of time
because thereof; and further provided that the above limi-
tationa shall not apply to businesses operated in industrial
zoned areas in the city.
(4) Same - -Loud and unnecessary noises prohibited. -
The creation of any unreasonably loud,_ disturbing and
unnecessary noises in the city is prohibited. Noises of
such character, intensity and duration, as to be detrimental
to the life or health of any individual, or in the disturbance
of the public peace and welfare, is prohibited.
(5) Same- -Acts declared loud and unnecessary. - That
following acts, among other, are declared to be loud,
disturbing and unnecessary noises, and noises in violation
of this section but this enumeration shall not be deemed to
be exclusive, namely:
(a) The sounding of any horn or signal device
on any automobile, motorcycle, bus, or other vehicle
which not in motion, except as a danger signal if
another vehicle is approaching apparently out of
control, if in motion only as danger signal after
or as brakes are being applied deceleration of the
vehicle is intended; the creation by means of any
such signal device for an unnecessary and unreason-
able perid of time.
(b) The playing of any radio, phonograph or
any musical instrument in such a manner or with
such volume, particularly during the hours between
11:00 PM and 7:00 Aid as to annoy or disturb the
quiet, comfort or repose of persons in any office,
hospital or in any dwelling, hotel or other type of
residence, or of any persons in the vicinity.
(c) Yelling, shouting, hooting, whistling, or
singing on the public streets, particularly between
the hours of 11:00 PM and 7:00 Aid or at any time or
place so as to annoy or disturb the quiet, comfort
or repose of any persons in any hospital, dwelling,
hotel or any other type of residence, or of any
person in the vicinity.
(d) The keeping of any animal, bird or fowl
which by causing frequent or long- continued noise shall
disturb the comfort or repose of any person in the
vicinity.
(e) To discharge into the open air the exhaust
of any steam engine, stationary internal combustion
engine, motor vehicle or motor boat engine except
through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
SECTIO14 17. PUBLIC PROPERTY -- INSURING, ETC,
It shall be unlawful for any person to injure, cut,
break or destroy in any manner any building or other thing
belonging to, or under the control and care of the city.
SECTIO14 18. RESISTING ARREST OR SERVICE OF PROCESS;
REFUSING TO AID POLICE.
(1) It shall be unlawful for any person to obstruct
or resist a police officer of the city in making or attempt-
ing to make a lawful arrest or resist any person called
upon by an officer to aid In making an arrest or in Serving
-6- OR 20.65 PAGE 6 OF 9 1..�
MICROFILMED 3.13.80
or attempting to serve any legal process, or knowingly
to give false or untrue or misleading information upon
inquiry by an officer of the city regarding the where-
abouts or indentify a person for whom an officer shall
have a warrant, or in performing or attempting to perform
his official duty, whether such person be acting as
principal or accessory.
(2) It shall be unlawful for any person to refuse
or fail to show identification as to his or her name,
age and address when requested to do so by a police officer.
(3) Making false reports to police department. -
Whoever makes or submits to the police department or any
member thereof, a report of any k1nd, knowing that such
report is false and untrue in whole or in part, shall be
deemed guilty of an offense and, upon conviction, shall
be punished as provided in Section 25 of the Ordinance.
SECTION 19. STATE I•IISDEPEAWORS.
(1) It shall be unlawful for any person to commit,
within the corporate limits of the city, any act which is
or shall be recognized by the laws of the state as mis-
demeanor, and the commission of such acts is hereby for-
bidden.
(2) Whosoever shall violate the provisions of this
section, upon conviction thereof, shall be punished by the
same penalty as is therefor provided by the laws of the
state, but in no case shall such penalty exceed a fine of
five hundred dollars, or an imprisonment for more than
ninety days, or both such fine and imprisonment in the
discretion of the municipal Judge.
SECTION 20. TRESPASS
Whoever wilfully enters upon the lands or premises
of another, or into any residence, house or building of
another being forbidden so to enter, or not being previously
forbidden is warned to depart therefrom and refuses to do
so, or having departed re- entered without the previous
consent of the owner or person in the lawful occupation
thereof, or having departed remains about in the vicinity,
using profane or indecent language, shall be punished as
provided in Section 25 of this Ordinance.
SECTION 21, VAGRANTS,
Rogues and vagabonds; idle or dissolute persons who
go about begging; common gamblers; persons who use juggling
or unlawful games or plays; common pipers and fiddlers;
common drunkards; common night walkers; thieves and pl.lferers;
traders in stolen property; lewd, wanton or lascivious
persons in speech or behavior; keepers of gambling places;
brawlers; persons who neglect their calling or employment,
and misspend what they earn and do not provide for themselves
or for the support of their families; persons wandering from
place to place, who are able to wont and who are without
means, and who neglect to earn their support and live by
pilfering and begging; idle and disorderly persons, including
therein those who neglect all lawful business and habitually
spend their time by frequenting house of 111 fame, gambling
houses or tippling shops; persons who are able to work but
who habitually are idle and live upon the earnings of their
wives or minor children; and all able bodied male persons
over eighteen years of age who are without means of support
and whose parents or guardians are unable to support them,
and who are not usually in attendance upon some school or
educational institution, but who live in habitual idleness,
are declared to be vagrants, and shall be punished as pro-
vided in Section 25 of the Ordinance.
OR 20-65
_7_
PAGE -7 OF 9 yu�
MICROFILMED 3.13.80
SECTION 22. WEAPONS -- CARRYING CONCEALED.
All persons, except officers of the lair, authorized
to make arrests, are hereby prohibited front carrying
secretly about their person any dirk, bowi -- knife, clasp
knife, razor, metallic knuckles, slingshot or any other
deadly weapon, more than an ordinary pocket knife.
SECTION 23. PRINCIPAL IN FIRST DEGREE.
Whoever commits any misdemeanor against the State
of Florida or offense against this city, or aids, abets,
counsels, hires, or otherwise procures such offense to be
committed, is a principal in the first degree and may be
charged, convicted and punished as such, whether he is or
is not actually or constructively present at the commission
of such offense.
SECTION 24. REGISTRATION WITH POLICE; REGISTRATION
OF PERS IM C IN CTED OF F• NY. ON OF CRII -ES INVOLVING
SEX DEVIATION.
Every person who, heretofore or hereafter, has been
or is convicted of a crime or crimes constituting a felony,
or of the crime of crimes of child molestation; vagrancy
by being lewd or lascivious; contributing to the delinquency
of minors by being lewd or lascivious; crimes against nature,
unnatural and lascivious acts; crimes involving sexual per-
version; commission or attempted commission of any acts of
sex perversion with a person of the same sex, or the
commission or attempted commission of any act of sex per-
version with a person of either sex, under the age of
eighteen years; the sale or attempted sale of indecent or
Immoral photographs or other indecent printed matter to
minors; sponsoring, promoting or permitting indecent, lewd
or immoral shorts, parties or gatherings upon premises
occupied, owned or leased by such persons, whether living
within the city or coming into the city, whether in transit
or otherwise, shall within twelve hours after his or her
arrival in the city, register with the police department
and be fingerprinted and photographed.
SECTION 25. PUNISMENT.
Whosoever shall violate the provisions of this
Ordinance, upon conviction thereof, shall be punished by
a tine not to exceed $500.00, or by imprisonment for not
more than ninety days, or by both such fine and imprison-
ment in the discretion of the municipal fudge.
SECTION 21, SEVERBILITY.
Should any part, paragraph or section of this
Ordinance be declared inlaid in any judicial proceeding,
each partial invalidity shall not affect the remainder
of this Ordinance.
-8-
OR 20.65
PAGE 3 OF,q z,,,,
f
JMICROFILME 3-13-80
•
SECTION 27. EFFECTIVE DATE.
This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral on this day of April, 1965.
Attest :
Ge)--- it ,(,(A,91eA-0 (./
City Cler Mayor
First reading in entirety .3() / iXy
Second and �.Fin:al Reading C"Ti Q /e ( /9K5
Approved as to Form:
g � i
Oki art+
City Attorney • rs; nD _ •
xt cj�I K r Sy,Q 7',
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_ MICROFILMED 3.13.80
CAPE CANAVERAL ORDINANCE NUMBER 20 -65 EOUIVALENCY'TABLE
20 -65 Provision SEE - FLORIDA STATUTE SECTION (Unless otherwise noted)
5 562.031
(2) - -- S 856.01
(3) ---
(4) --- ..
(5) ---
5 2 (1) - -- S 828.12
(2) - -- See ordinanceNo.10 -70, as amended by 14- 71,16 -71.
(3) - --
(4) --- ,.
S 3 (1) - -- S 552.091
(2) --- S 552.091
S 4 - -- § 784.03
5 5 - -- S 870.02
S 6 (1) - -- S 838.011
(2). - - -.5 838.012
(3) -- S 838.012
§ 7 - -- S 822.03
§ 8 - -- SS 877.03, 856.021, Chap 784, 790, 870
S 9 --- S 871.01
S 10(1) - -- S 790.15
(2) - -- SS 790.01, 790.05.
S 11 - -- S 790.163
§ 12(1) - -- SS 796.07, BOO 02, 800.03, 800.02
(2) - -- S§ 796.07, 800.02, 800.03, 800.02
S 13 - -- S 811.021
g 14 - -- S 811.021
S 15 - -- S 811.16
§ 16(1) - -- See ordinance No. 21 -72, section 4.
(2) --- '
( 3 ) --- '
(4) ---
(5) (a) - -- 5 316.271 (1), (2)
(b) - -- See Ordinance No. 21-72, section 4.
(c) - -- '
(d) -°
(e) - -- S 316.272
S 17 - -- § 822.03
§ 18(1) - --.SS 843.01, 843.02
(2) - -- S 856.021
(3) - -- § 817.49
5 19(1) - -- Ordinance 1 -62
(2) - -- Ordinance 1 -62
S 20 - -- 5 821.01
S.21 - -- SS 856.021, 877.03
S 22 - -- S 790.01
S 23 - -- S 776.011
S 24 -- S 776.13