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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 -3- PAGE 3 OF 12 w 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', Sfri j x ! rt. .^ f,. • • _9_ • OR 20`-65 PAGE QFQ w o m ro o ti w II [LI y. O M a w y w M r a 7 N G b O � N O o: a W O) Z U O O W p 4 O Z ia- b F O O v W k ti .a V. �r • a N O = C F F F g C G w w w a w G F C F a G F F h W 5 W 0. N ti N • v N N N N N-I.rl V1 N b N N �O N O O ' J O .-I 000000 OriOr -1 OO'I w F C F Ca C G tl F Fwwa wqw Cawww F tlaMa W O Z O H �v - -v�v �vm vv v� vN VVV vvv ' U vvvvv v 'Q wN wu�i wmi www� aw p�ww K O s F 5Mh W F F G � C C' F W HI C '1tin O O N UI O0 GPnn C Cw Fwww A OI 6I �NH ww Hw ww O m a 4 A i1 CIO u M M u C y q L IJ ~ C O � V z a � s � � x I m o � g w � 0 ro .� ro a a 'O N N a V1 s F 5Mh W F F G � C C' F W HI C '1tin O O N UI O0 GPnn C Cw Fwww A OI 6I �NH ww Hw ww O i t 0 W J to l� U _ 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