HomeMy WebLinkAboutO-1952-275 l
ORDINANCE NO.
AN ORDINANCE REGULATING GAMBLING WITHIN
{(i THE CITY OF DANIA, FLORIDA.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
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Section 1: Slot machines - Defined.— Any machine
l or device is a slot machine or device within the provisions of
this ordinance if it is one that is adapted, for use in such a
way that, as a result of the insertion of any piece of money
or coin or other object, such machine or device is caused to
operate or may be operated, and by reason of any element of
chance or of other outcome of such operation unpredictable by
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I him, the user may receive or become entitled to receive any
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piece of money, credit, allowance or thing of value or otherwise,
which may be exchanged for money, credit, allowance or thing of
value, or which may be given in trade, or the user may secure
additional chances or rights to use such machine, apparatus or
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device, even though it may, in addition to any element of chance
of unpredictable outcome of such operation, also sell, deliver
or present some merchandise, indication or weight, entertainment
or other thing of value.
Section 2: Same - Manufacture, sale, possession, etc. ,
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prohibited.--- It shall be unlawful to manufacture, own, store,
keep, possess, sell, rent, lease, let on shares, lend or give
away, transport, or expose for sale or lease, or to offer to
I sell, rent, lease, let on shares, lend or give away, or permit
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the operation of, or for any person to permit to be placed,
maintained, or used or kept in any room, space, or building
owned, leased or occupied by him or under his management or
control, any slot machine or device or any part thereof as de-
fined in Section 1.
It shall be unlawful to make or to permit to be made
with any person any agreement with reference to any slot machine I
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or device, as defined in the Preceding section, pursuant to
' which the user thereof, as a result of any element of chance
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or other outcome unpredictable to him, may become entitled to
receive any money, credit or device, or to receive any check,
slug, token or memorandum entitling the holder to receive any
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money, credit, allowance or thing of value.
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Section 3: Same - Seizure and confiscation.--- Upon
the arrest of any
person charged with the violation of any of
the provisions of the
preceding section, it shall be the duty
I of the arresting officer to take into his custody any such
machines apparatus or device and their contents, and the chief
'+ of police at the place of seizure shall make a complete and
correct list and inventory of all such things taken into his
custody and deliver to the person from whom such articles may
1 have been seized, a true copy of the list of such articles.
Upon making such a seizure the chief of j police shall forthwith
and without delay deliver each and every item of the things
taken into his custody to the city auditor and clerk, and upon
delivery, deliver therewith to such auditor and clerk, the
original list and inventory so made by the chief of police at
time and place of such seizure; and upon making such delivery
to such auditor and clerk shall verify such list and inventory
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and mark each item for identification and make a complete and
correct list and inventory of the things delivered to him by
the chief of police, in duplicate, duly certified by him
officially, deliver one copy thereof to the chief of police and
deposit one copy in proper safety files or in the vault in his
office.
The clerk shall keep and preserve all things so de-
livered to him and have the same forthcoming at any investiga-
tion, or other proceedings, incident to charges of violation of
any of the provisions of Section 2.
Section 4: Keeping gambling place --
- It shall be
unlawful for any person, by himself, servant or as I ent, to keep,
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ihave, use or maintain a gambling
i g house, room or any other place
for the purpose of gambling. Any place habitually used for the
Purpose of gambling or any place where persons congrega
te gate con-
tinually for the purpose of gambling shall be deemed and held
to be a gambling house or place for gambling in contemplation
of this ordinance.
Sect�n 5; Lettinrenti house, etc.,
to be used
for ambling--- It shall be unlawful for an
y person, by himself,
servant or agent, to knowingly rent or let an house Y or room,
booth or tent or other place in his Possession or control to
another with the view or expectation of the same being used for
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the purpose of gaming, or gambling.
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Section 61 Iieepin� aamin� tables etc---- It shall
be unlawful for any person, by himself, or his servant or other
-..- agent, to keep or em to or have in his
P y possession any table
of whatever name, kind or description for the
,rPurpose of gaming
or who shall by himself, servant or agent, preside or deal at,
or use any such table for the la in P Y g and betting at the same,
j Section s Participation in Barnes of chance for
value---- It shall be unlawful for any person to Play,
pate, or engage in any game of cards, punchboards, dice,
J, roulette, faro, bolita or any other game of chance, at any
i! place, or by any device whatever, for money or for other thing
of value.
Sects 8; Lotteries and similar schemes or devices -
Sale, etc-, of chances.---
either by himsel It shall be unlawful for any person,
f or his agent, to sell, or offer for sale, or
to procure for or to furnish to any person, for money or other
thing of value, any tuba or bolita ticket, number, combination
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' or chance, punchboard, or anything representing a chance in any
1 lottery, or other similar scheme or device, whether such lottery
or scheme shall be operated in this state or not.
Section Same- Maintenance or o eration.---
be unlawful for an It shall
y person, by himself, or another, to keep, I
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maintain, employ, or carry on any lottery in the city, or any
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other scheme or device for the hazarding of any money or thing
of value.
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Section 10: Same - Turning lottery wheels, drawing
numbers, etc.--- It shall be unlawful for any person, by him-
self, his servant or agent, to turn any lottery wheel, or draw
therefrom any ball, number, letter, or other thing indicating
the decision of any chance or hazard of the lottery, or in any-
wise be present, aiding and assisting in the working, turning
or drawing thereof.
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Section 11: Same - Advertising or publishing results.
--- It shall be unlawful for any person, by himself, or his
{ servants or agents to print, advertise or publish any lottery,
i or other scheme for the hazarding of money or other thing of
value, or the result of the drawing of prizes therein, either
by newspaper advertising or written or printed posters, dodgers
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or circulars, or cause the same to be done.
Section 12: Same - Possession, etc., of implements
and devices.--- It shall be unlawful for any person to have in
his custody or control or in his manual possession, any lottery
tickets, numbers, letters, cuba or bolita tickets or anything
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representing a chance in any lottery, or to have in his posses-
sion or control, any lottery wheel, implement or device for
conducting any lottery, or to have in his possession or control
any lottery advertising or any schedule of lottery prizes or
drawings.
Section 13: Aiding, abetting or assisting in opera-
tion of gambling enterprise.--- All persons, including the
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servants, agents or employees of the owners or operators of
i( gambling houses, who shall aid, abet or assist in the operation
j of any gambling enterprise whatsoever, shall be deemed and held
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to be principals and punishable as such.
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I Section 14: Right of entry etc. , of police.--- The
chief of police or anv officer having good reason to believe i
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that gambling is being carried on in any house or other place,
may enter the same forcibly, if necessary, and without written
warrant may arrest any person violating this ordinance.
Section 15: Seizure of gambling devices, lottery
tickets, paraphernalia, etc.--- The police officers of the city
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shall, when any tuba or bolita ticket, number, article, para-
phernalia or device used in lotteries, punchboards, or other
device used for gambling or gaming is found in any house, room
or other place in the city or on any person, seize the same
and hold it subject to the discretion of the municipal court
to be used as evidence, and afterwards the same shall be pub-
licly destroyed in the presence of witnesses in the city under
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the order of the municipal court for that purpose.
Section 16: Catchline of sections.--- The catch-
lines of the several sections of this ordinance are intended
as mere catchwords to indicate the contents of the section and
shall not be deemed or taken to be titles of such sections, nor
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as any part of the section.
Section 17: Enforcement.— It shall be the duty of
the Police Department of the City of Dania, Florida, to strict-
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ly enforce all the provisions of this ordinance.
Section 18: Penalty.--- Any person who violates the
fprovisions of this ordinance, or assists in any violation of
this ordinance shall, for each and every violation, upon con-
viction be punished by a fine not exceeding yfi500.00, or by
imprisonment not exceeding sixty days, or by both fine and
imprisonment, in the discretion of the municipal judge.
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Section 19: Severability of parts of ordinances.---
In the event any section, sentence, clause, or phrase of this
1 ordinance shall be declared or adjudged to be invalid or un-
constitutional, such adjudication shall in no manner affect
the remaining portion hereof which shall remain in full force
and effect as if such invalid or unconstitutional section,
sentence, clause, or phrase had not originally— been a part of I
this ordinance.
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Section 20: Repeal of prior ordinances.--- All
ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
j Section 21: Takes effect.--- This ordinance shall be
in force and take effect immediately upon its passage and
adoption.
Section 22: Adoption. --- By unanimous consent of all
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the commissioners present, this ordinance has been introduced
and read for the first time and read for the second time and
third time; and passed on all three readings at this meeting
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of the City Commission of the City of Dania, Florida; and has
been passed by a unanimous vote of all the commissioners
present at this meeting.
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PASSEI) AID) ADOPTED this day of
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A. D., 1952.
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Ma rtr-Comm ssi ioner
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ATTEST:
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City Clerk and Auditor
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