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ORDINANCE NO. 93-0-01
AN ORDINANCE REPEALING ARTICLE III (SECURITY
MEASURES FOR LATE NIGHT BUSINESS) OF CHAPTER
12 (OFFENSES AND MISCELLANEOUS PROVISIONS) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. In 1992, the Legislature enacted the Convenience Business
Security Act, Sections 812.171 through 812.176, Florida Statutes,
which preempted the authority of local governments to establish
security standards which differ from those contained in the Act.
2. It is in the best interest of the citizens of Edgewater
that Article III (Security Measures for Late Night Businesses) of
Chapter 12 (Offenses and Miscellaneous provisions) of the Code of
Ordinances be repealed thereby appropriately allowing the Police
Department to enforce the Convenience Business Security Act.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. REPEAL OF ARTICLE III (SECURITY MEASURES FOR LATE
NIGHT BUSINESSES) OF CHAPTER 12 (OFFENSES AND MISCELLANEOUS
PROVISIONS) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Article III of Chapter 12 is hereby repealed as follows:
AR'!'ICLE III. SECURI'!'Y )(EASURES FOR Ll'..'!'E NICH'!' BUSINESSES
SectioB 12-60. Robhery Pre7oBtioB.
Late night buoineooeo, otoreo, or operationo that otay open
between midnight and 6100 a.m. are more likely to be robbed beoauoe
they are frequently the only eotubliohmento open during theoe
houro, anq due to the nature of the buoineooeo, ouoh HlUot be kept
on the premioeo. In order to reduoe the inoidenoe of loot property
und 1000 of injury to life, the oity oounoil findo it neoeooary to
enaot thio urtiole under io polioe powero to proteot the publio
health, oafety and welfare.
SoctiOB 12-61. DefiBitioBS.
For the purpooe of thio urtiole, the follmdng 'WlOrdo and
phraoeo, 'Wihen uoed in thio artiole, ohall, for the purpooe of thio
artiole, have the meaningo reopeotively aooribed to them in thio
urtiole, eJcoept 'Wihere the oonteJct othendoe requireD 1
Employee io the peroon, oorporution, purtnerohip, joint
venture or other group enterprioe legally reoponoible for the day
to duy operation of the lute night buoineoo.
Struok through passages are deleted.
Underlined passages are added.
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L~te Night Buaineaaea io a buoineoo eotabliohment th~tl
( 1 )
( 2 )
iteHlo or
Oper~teo at ~ny time during the houro of 12100 p.m. and
6100 ~.m.
Offer goodo, petroleum produeto, houoehold or oundry
any other mereh~ndioe, oommodity or item for o~le.
O~~ncr io the peroon, oorporation, partnerohip, joint venture
or other group enterprioe having la~iful poooeooion of the prcmioeo
upon whioh the late night buoineoo io operated.
SootieR 12-'2. Regu1atieRs.
1\11 late night buoineooeo ohall comply __dth the following
regulationol
( 3 )
( 4 )
( 5 )
( 6 )
( 7 )
( 1 )
( 2 )
If open for buoineoo after midnight, late
buoineooeo muot loc~te any oigno pooted in the
~dndmiO DO aD to provide ~ ole~r and
unobotructed .Jie~17 of the o~oh regioter and
o~leo area from the otreet.
Locate the o~leo area DO th~t the clerk and
cuotomer are fully vioible froHl the otreet at
the time of the Daleo trano~otion. It io not
the intent of thio ouboection to require ~ny
eJcioting buoineoo, otore or operation to
reoonotruot or retrofit ito faoility unleoo
remodeling of a oubotantial nature ooouro.
Poot a oonopicuouo oign in the ~dndml7 ~l7hich
ot~teo that the oaoh regioter h~o fifty
dollaro ($50.00) or leoo in it.
Have no more th~n fifty ($50.00) oaoh
available and readily aooeooible to employeeo.
lfaintain a drop oafe or time releaoe o~fe ~t
the l~te night buoineoo which io bolted to the
floor, or inotalled in the floor, or weigho ~t
leaot fi.yTe hu,ndred (S~O) l?oundo.. .
root a oonoplOUOUO olgn ln the __nndml7 ~l7hlCh
ot~teo there io ~ oafe at the late night
buoineoo and it io not ~coeooible to the
employeeo.
The area of parking lot utilized by ouotomero
~nd employeeo of l~te night buoineoo muot be
lighted during ~ll houro of dar]meoo ~l7hen
employeeo and/or ouotomero are on the premioeo
aD followol
night
a. Uinimum requiremento under thio
ouboeotion ohall be ~o preooribed in
the Illuminating Engineering Sooiety
of North hmerioa publioation
entitled "Lighting for P~rking
Faoilitieo," but ohall not eJweed
bl70 (2) foot oandleo ~dth a
uniformity r~tio of 411 for high
activ....ity areao.
b. ^dditionally, all ouoh lighting
ohall be in ~ooordanoe with the
applicable City lighting code
requiremento.
(8) Inotall a oeourity oamera of a type and number
approved by the oity manager or hio deoignee.
Said camera muot be oap~ble of produoing a
retrievable image on file or tape that oan be
made ~ permanent reoord and that oan be
enlarged through projection or other meano.
Struok through passages are deleted.
Underlined passages are added.
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Camerao meeting the requiremento of thio
oection ohall be maintained in proper __mrking
ord<?r ?-t ,all ti~eo and oha,ll be oubject ~o
per1od1o 1nopeat1on by the 01ty manager or h10
deoignee.
( 9 ) 1\ny miner or employee ~..ho ~mrko beb..een the
houro of midnight and 6100 a.m. at a late
night buoineoo ohall complete a couroe in
robbery prevention to be appro7ed by the
polioe department, or a program certified by
the city manager or hiD deoignee, within
thirty (30) dayo after he or ohe begino
employment.
SOOtiOB 12-63. PeBa1tios.
(a) Cencr.:1lly. ~.7iolation of any of the abm....e numbered
oectiono io oubject to puniohment aD pro7ided in Section 1 8 of the
Code of Ordinanceo of the oity.
(b) IRjunctivc rclicf. The City may obtain injunoti".re relief
to reotrain or prohibit violation of thio article.
(c) Rcvocation of occup.:1tioR.:1l licCR!]c tax. The oooupational
tal[ licenoe for any eotabliohment may be re"v'o](ed by the city
manager or hiD deoignee upon proof of violation of thio article.
SOOtiOB 12-64. CompliaBoo.
1\11 buoineoo eotabliohmento defined aD late night buoineooeo
oubject to thio article ohall have a period of oiJ[ (6) montho from
the effeotive date of thio artiole to oomply __..ith the pro7ioiono
herein.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
Struck through passages are deleted.
Underlined passages are added.
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however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
February 22, 1993, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays NAY
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 5th day of April, 1993.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By4PP1
ROVED
k H. an, Sror F R FORM
AND CORRECTNESS:
L��
R ista A. Storey
City Attorney
St-Hek thEeugh passages are deleted.
Underlined passages are added.
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