HomeMy WebLinkAboutO-1981-271 i
ORDINANCE NO. 271
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
PROHIBITING LOITERING; IMPOSING PENALTIES ;
AND PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
Section 1. DECLARATION OF PURPOSE. This measure is
adopted by the City Commission in response to an increasing
permanent population of loiterers within certain areas of the
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#1' City, which loiterers are causing fear and danger to Dania
jtourists and residents. The City Commission, based on information
from law enforcement officers and citizens , finds that there is
within the City a population of loiterers who persist in obstruct-
ing pedestrian traffic , engaging in rude and offensive language ,
drunkenness and drug abuse, and that the presence of such persons
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prevents the Police Department from investigating and solving
crimes within the City.
Section 2 . STATEMENT OF AUTHORITY. The Commission of the
City of Dania enacts the following measure to protect life and
property, pursuant to Chapter 166 Fla. Stat . 1979 ("The Municipal
,. Home Rule Powers Act") , and Part 1, Article 3 of the Charter of.
the City of Dania.
Section 3. PROHIBITIONS . No person shall prowl , sleep,
loiter, stand, wander or congregate on the streets , sidewalks ,
beaches , parks , thoroughfares , piers , places of public amusement ,
3 or other public places , or in public entrances to private establish-
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e
ments , within the City of Dania, Florida:
(A) So as to obstruct or impede pedestrian or
vehicular traffic in a manner endangering
public safety or threatening a breach of
the peace ;
� (B) In a manner warranting reasonable concern for
the safety or security of persons or property
in the vicinity;
(C) After being reasonably requested by a police
officer to disperse or move, when the failure
11 to so comply reasonably threatens public safety
or convenience;
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(D) Without apparent reason and refuse to
identify himself or herself or account
for his or her conduct when requested
E to do so by a police officer , under
circumstances giving rise to reasonable
suspicion that the person is engaged in
or planning a crime or constitutes a
threat to public peace or the personal
safety or property of others ; provided,
however , that a mere refusal to identify
himself or herself or account for his or
her conduct shall not be sufficient grounds
for arrest.
Section 4 . ENFORCEMENT. This Ordinance shall be enforced
by, and the term "Police Officer" shall in this Ordinance mean
and include, any sworn member of the Police Department of this
municipality. No person shall be convicted under Section 3(D)
of this Ordinance if the person reasonably attempted to identify
himself or to explain his conduct or to dispel any concern for
the safety and security of persons and property in the vicinity.
Section 5. PENALTIES . Every person who is convicted
for a violation of this Ordinance shall be punished by imprison-
ment for up to 60 days or by a fine of up to $500 . 00 , or both.
, . Section 6 . SEVERABILITY. If any section, sub-section,
sentence , clause , phrase , or portion of this Ordinance is , for
any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate ,
distinct and independent provision and such holding shall not
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affect the validity of the remaining portions of this Ordinance.
Section 7. That all ordinances or parts of ordinances
I and all resolutions or parts of resolutions in conflict herewith
be repealed to the extent of such conflict .
Section 8 . That this Ordinance shall be in force and
take effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 14 th day of
JcLky 1981 .
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PASSED and ADOPTED on Second and Final Reading on
the 28th - day of Ju y 1981 .
YOR - COMMISSIONER
ATTEST : ,
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS :
By: C' 4&
FRANK C . ADLER, City Attorney
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