2017-O-24 ORDINANCE NO. 2017-0-24
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING AND RESTATING CHAPTER 12
(OFFENSES AND MISCELLANEOUS PROVISIONS) IN ITS
ENTIRETY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 12 (Offenses and Miscellaneous Provisions) was previously amended pursuant to
Ordinance No. 2016-0-28 in April of 2016.
2. Amending and restating Chapter 12 (Offenses and Miscellaneous Provisions) in its
entirety will bring the Chapter into compliance with updated requirements and codes.
3. Pursuant to discussion by City Council during the May 1, 2017 Council meeting, Section
12-7 (Possession of 20 grams or less of cannabis and/or Drug Paraphernalia prohibited) has been
included
NOW, THEREFORE, BE IT ENACTED by the People of the city of Edgewater,
Florida:
PART A. AMENDING AND RESTATING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS) IN ITS ENTIRETY
Amend and restate Chapter 12 (Offenses and Miscellaneous Provisions) in its entirety of
the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which
is attached hereby and incorporated herein.
PART B. CONFLICTING PROVISIONS.
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ordinance, are hereby superseded by this ordinance to the extent of such conflict.
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PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
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, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power and Second by Councilwoman Vogt,
the vote on first reading of this ordinance held on July 17, 2017 was as follows:
AYE NA.Y
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After Motion to approve by__ COry j and
Second by , the vote on second
reading/public hearing of this ordinance which was held on August 7, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power "X c—
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 7th day of August, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE ATE : ,FLORIDA
� By:
)M PC.,:ark)
Robin L. N1atusick Mike Ignasiak
City-Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on this
Aaron R.Wolfe,Esquire 7th day of August,2017 under Agenda Item#8 e .
City Attorney
Doran,Sims,Wolfe,&Ciocchetti
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EXHIBIT "A"
Chapter 12 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. - IN GENERAL
Sec. 12-1. - Chewing gum or candy resembling prohibited drug or medicine.
(a) It shall be unlawful for any person to manufacture, distribute, sell or offer for sale within the
city any chewing gum or candy that is of a color, shape and size that resembles, or is a
facsimile of, any drug or medicine which is illegal to possess, or for which a prescription is
required by either federal or state law.
(b) Nothing contained herein, however, shall apply to any chewing gum or candy prescribed or
dispensed by a qualified physician for medicinal purposes.
Sec. 12-2. - Reserved.
Sec. 12-3. - Possession, sale, etc.,of fireworks unlawful.
(a) Fireworks defined. The term "fireworks" shall mean and include any combustible or
explosive composition, or any substance or combination of substances, or, except as
hereinafter provided, any article prepared for the purpose of producing a visible or an
audible effect by combustion, explosion, deflagration or detonation, and shall include blank
cartridges and toy cannons in which explosives are used, the type of balloons which require
fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles,
daygo bombs, and smoke bombs, and any fireworks containing any explosives or flammable
compound or any tablets or other device containing any explosive substance.
(b) Sparklers, toy pistols, toy guns, etc., permitted. The term "fireworks" shall not include
sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing
.025 grains or less or explosive compound are used, providing they are so constructed that
the hand cannot come in contact with the cap when in place for the explosion, and toy pistol
paper caps which contain less than .020 grains of explosive mixture, the sale and use of
which shall be permitted at all times.
(c) Violations. Any firm, co-partnership, corporation, or person who possesses, sells or uses
fireworks within the city shall be guilty of a misdemeanor in the second degree and
punishable as provided by law.
pennittedT
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permitted-
Set-TSec. 12-4. -Smoking devices/paraphernalia prohibited.
(a) It is prohibited and unlawful for any person to:
(1) Use, possess with intent to use, barter, give, publicly display, deliver, sell, offer to sell,
transfer, or purchase with the intent to use, illegal/prohibited smoking
devices/paraphernalia for the smoking of an alternative/synthetic substance other than a
normal tobacco product.
(2) Possess or purchase with intent to sell, deliver, or manufacture with intent to deliver,
illegal/prohibited smoking devices/paraphernalia, knowing, or under the circumstances
where one reasonably should know, that it will be used for the smoking of an
alternative/synthetic substance other than a normal tobacco product.
(b) Definitions.
Person means an individual, firm, corporation, partnership, organization, association,
wholesaler,retailer, any licenses or unlicensed business, or other legal entity.
Prohibited smoking devices/paraphernalia means any device, equipment, or utensil that is
primarily used, intended primarily to be used, or by its design can be primarily used, in ingesting
or inhaling illegaUprohibited smoking materials and may include, but is not limited to:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screens,
permanent screens, hashish heads, or punctured metal bowls;
(2) Water pipes, excluding hookahs used only for smoking legal tobacco products;
(3) Carburetion tubes and devices.
(4) Smoking and carburetion masks;
(5) Chamber pipes;
(6) Carburetor pipes;
(7) Electric pipes;
(8) Air-driven pipes;
(9) Chillums;
(10)Bongs;
(11)Ice pipes or chillers;
(12)Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette
that has become too short to be held in the hand.
Prohibited smoking product means any substance, however marketed, which can reasonably
be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or
any blend thereof if it includes any of the following chemicals or a comparative chemical;
(1) All controlled substances listed in F.S. Ch. 893.
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(c) Exceptions. The following devices/equipment are not prohibited smoking devices: common
tobacco pipes, cigarette and cigar papers, or hookahs used for smoking of legal tobacco
products.
(d) Enforcement/penalties.
(1) Code enforcement officer and the police department shall have primary enforcement
responsibility for section 12-5 (smoking devices/paraphernalia prohibited). If violations
are enforced through code enforcement, the process shall be held in accordance with
chapter 10 (health, sanitation, property maintenance and code enforcement), article
XXVII (code compliance process)of the Code of Ordinances.
(2) Any officer investigating an offense shall do so in accordance with the code
enforcement process referred to in subparagraph (1) and in accordance with the
penalties contained in section 11-16 (suspension or revocation of certificate of use),
article I(in general) of chapter 11 (business tax receipts and business regulations).
Sec. 12-5.-Synthetic alternative drugs prohibited.
It is prohibited and unlawful to sell, offer to sell, display, deliver or possess any bath salt,
herbal incense product which contain any substances and/or compounds defined in F.S. § 893.03,
or § 893.0356, or any product containing a synthetic alternative drug, spice/synthetic marijuana,
synthetic psychedelic/hallucinogen or synthetic stimulant product for known purposes other than
the commercial intent and/or use for which the product was manufactured and labeled for.
(a) Definitions. For the purposes of this section, the following defmitions shall apply unless
the context clearly indicates or requires a different meaning:
Bath salts, synthetic cathinones/synthetic stimulants means any product distributed
in a loose, leafy, powder, crystal or granular form or in a compressed block(s) that can
be crushed to result in a powder or granular form, that can be ingested by placing in a
pipe, cigarette paper, syringe or any other paraphernalia used for the purpose of
ingesting by smoking, inhaling or other method of ingestion, that contains any synthetic
derivative of cathinone including, but not limited to, Methlenedioxypyrovalerone
(MDPV), and/or any derivative of MDPV and/or any other compound defined in F.S. §
893.03, or any derivative of said compound, which mimics the physiological effects of
said compounds. The term includes, but is not limited to, any crystalline or powder
product in crystalline, loose-powder, block, tablet, or capsule form, or any stimulant-
type product, when the label is in any way false or misleading, or which does not
contain a label specifying (1) the identity of the commodity, and (2) the name and place
of business of the manufacturer, packer, or distributor. Street names for these products
include, but are not limited to, the following: Bliss, Blue Silk, Cloud Nine, Drone,
Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple
Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight,
White Lightening, Blizzard, Bonzai Grow, Charge Plus, Charlie, Euphoria, Hurricane,
Ocean, Pixie Dust, Posh, Scarface, Lovey Dovey, Aura, MDPV, MDPK, MTV,
Maddie, Hurricane Charlie, Black Rob, Super Coke, PV, Peeve,Meph and MCAT.
Drug means any form of a compound or material that is intended to affect the
function of the body of humans.
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Drug paraphernalia means any object used, intended for use or designed for use in
ingesting, inhaling or otherwise introducing marijuana, cocaine, or other illicit drugs or
controlled substances into the human body including, but not limited to, the following:
metal, wooden, acrylic, glass, stone, plastic or ceramic pipes (with or without screen,
permanent screens, hashish heads or punctured metal bowls); water pipes; carburetion
tubes and devices, smoking in carburetion masks; roach clips; miniature cocaine spoons
and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air driven pipes;
chillums; bongs; ice pipes or chillers; provided, however, that the term shall not include
devices that are necessary to ingest or inject prescription drugs. In determining whether
an object is drug paraphernalia, the Citizen Code Board may consider any of the factors
enumerated in F.S. § 893.146. The definition set forth in F.S. § 893.145, is hereby
adopted.
Herbal incense means any aromatic or non-aromatic plant material that is
distributed in a loose, leafy, powder or granular form, or in compressed block(s) that
can easily be crushed or ground into a powder or granular foam, and can be placed into
a pipe, cigarette papers or any other paraphernalia used for the purpose of ingesting by
smoking, inhaling or other method of ingestion.
Illicit synthetic drugs means and includes spice; synthetic cannabinoids, synthetic
marijuana, bath salts, synthetic cathinones, synthetic stimulants and misbranded drugs.
Misbranded drug means a drug that violations F.S. § 499.007, including, but not
limited to, drugs for which (1) the label is in any way false or misleading; (2) the label
does not bear the name and place of business of the manufacturer, repackager, or
distributor of the finished form of the drug; (3) the label does not bear adequate
directions for use; or(4)the label does not bear adequate warnings against use.
Product containing a synthetic alternative drug means any product containing a
synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined
in the definitions set forth herein and, such as, but not limited to, the examples of brand
names or identifiers listed in Exhibit "A" attached hereto and incorporated herein;
provided, however, that the listed names are examples only. [Exhibit A can be found at
the end of this section.]
Spice/synthetic marijuana means any aromatic or non-aromatic plant material
containing any compound defined in F.S. § 893.03, and any aromatic plant material in
granular, loose leaf or powder form, or in liquid or as a food additive, whether said
compound has been sprayed, applied or otherwise added, and/or any other derivative of
said compound that mimics the physiological effects of said compound, that is
distributed in a loose, leafy, powder, crystal or granular form or in a compressed
block(s)that can be crushed to result in a powder or granular form, that can be ingested
by placing in a pipe, cigarette paper or any other paraphernalia used for the purpose of
ingesting by smoking, inhaling or other method of ingestion or any laboratory-created
compound that functions similar to the active ingredient in marijuana,
tetrahyrdocannabinol (THC) including, but not limited to, any quantity of a natural or
synthetic material, compound, mixture, preparation, substance and their analog
(including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid
receptor agonist, such as, but not limited to, the examples of brand names or identifiers
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listed on Exhibit "A" attached hereto and incorporated here. Street names for these
products include, but are not limited to: Bliss, Black Mamba, Bombay Blue, Fake
Weed, Genie, Spice, Zohai, K2, K3, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse,
Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold,
Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K-3 Legal, Sence, Chill X, Earth
Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky
High, Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California
Dreams, Bullett, Mind Trip, Voodoo Child, Jazz Nightlights, Matrix, Hypnotiq, AK47,
Maui Wowie, Cloud 9, Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence,
Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG,
Demon, Barely In, Pineapple Express, Hayze. The term includes any herbal-incense
type stimulant or hallucinogen product, when the label is in any way false or
misleading, or which does not contain a label specifying (1) the identity of the
commodity and (2) the name and place of business of the manufacturer, packer or
distributor.
Synthetic psychedelic/hallucinogen means any compound that mimics the effects of
any federally controlled Schedule I substances, including but not limited to, and
quantity of a natural or synthetic material, compound, mixture, preparation, substance
and their analogy (including salts, isomers, esters, ethers and salts of isomers)
containing substances which have a psychedelic/hallucinogenic effect on the central
nervous system and/or brain, such as, but not limited to, the examples of brand names or
identifiers listed on Exhibit "A" which is attached hereto and incorporated herein.
[Exhibit A can be found at the end of this section.]
Synthetic stimulant means any compound that mimics the effects of any federally
controlled Schedule I substance such as cathinone, methacathinone, MDMA and
MDEA, including, but limited to, any quantity of a natural or synthetic material,
compound, mixture, preparation, substance and their analog (including salts, isomers,
and salts of isomers) containing substances which have a stimulant effect on the central
nervous system, such as, but not limited to, the examples of brand names or identifiers
listed on Exhibit "A" which is attached hereto and incorporated herein. [Exhibit A can
be found at the end of this section.]
(b) Enforcement and penalties.
(1) Each violation of any of the provisions contained in this section shall constitute a
separate violation/offense and be subject to a separate penalty.
(2) Any person found guilty, regardless of whether adjudication is withheld of any
violation under this section shall be liable for payment of the costs of prosecution
and all investigative costs incurred, including but not limited to any costs for
laboratory testing.
(3) Code enforcement officer and the police department shall have primary
enforcement responsibility for section 12-5 (smoking devices/paraphernalia
prohibited). If violations are enforced through code enforcement, the process shall
be held in accordance with chapter 10 (health, sanitation, property maintenance and
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code enforcement), article XXVII (code compliance process) of the Code of
Ordinances.
(4) Any officer investigating an offense shall do so in accordance with the code
enforcement process referred to in subparagraph (3) and in accordance with the
penalties contained in section 11-16 (suspension or revocation of certificate of use),
article I (in general)of chapter 11 (Business tax receipts and business regulations).
Exhibit A
2010 8-Bali Aztec Gold
Aztec Midnight Wind a
Tezcatlipoc Back Draft Bad 2 the Bone
Banana Cream Nuke Bayou Blaster Black Black Mamba
Blueberry Hayze Blueberry Spicey Bombay Blue
Buzz Bomb Nitro C4 Herbal Incense
Caneff C3 Chill X
Chronic Spice Cherry Bomb Citrus
Colorado Chronic Cill Out D-Rail
DaBlock Cosmic Blend Demon
Diamond Black Dark Night II Dragon Spice
Dream Diamond Spirit Earth
Earthquake Dynamite New(black Euphoria
package)
exSES Eruption Spice EX-SES Platinum Blueberry
EX-SES Platinum Cherry EX-SES Platinum EX-SES Platinum Vanilla
Cinnamon
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Fire Bird Ultimate Strength EX-SES Platinum Freedom
Strawberry
Fully Loaded Forest Hummus Funky Monkey XXXX
G Four Funky Monkey Genie
Gold Spirit Spice G Greenies Caramel Crunch Greenies Strawberry
Heaven Improved Green Monkey Chronic Humboldt Gold
Salvia
Improved K3 Kryptonite Heavenscent Suave Jamaican Gold
Jamaican Gold K K1 Gravity Kl Orbit
K2 K2 Amazonian Shelter K2 Blonde
K2 Blue K2 Blueberry K2 Citron
K2 Cloud 9 K2 Kryptonite K2 Latte
K2 Mellon K2 Mint K2 Orisha Black Magic Max
K2 Orisha Max K2 Orisha Regular K2 Orisha Super K2 Orisha White Magic Super
K2 Peach K2 Pina Colada K2 Pineapple
K2 Pineapple Express K2 Pink K2 Pink Panties
K2 Sex K2 Silver K2 Solid Sec on the Mountain
K2 Solid Sex on the Mountain K2 Standard K2 Strawberry
K2 Summit K2 Summit Coffee Wonk K2 Thai Dream
K2 Ultra K2 (unknown variety) K2 Watermelon
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K3 K3 Blueberry K3 Cosmic Blend
K3 Dust K3 Grape K3 Heaven Improved
K3 Heaven Legal K3 Improved New K3 K3 Kryptonite
K3 Legal K3 Legal—Earth(Silver) K3 Legal—Original (Black)
K3 Legal—Sea(Silver) K3 Legal—Sun(Black) K3 Mango
K3 Original K3 Original Improved K3 Strawberry
K3 Sun K3 Sun Improved K3 Sun Legal
K3 XXX K4 K4 Bubble Bubble
K4 Gold K4 Purple Haze K4 Silver
K4 Summit K4 Summit Remix Kind Spice
Legal Eagle Legal Eagle Apple Pie Love Potion 69 Potpourri Gold
Love Strawberry Magic Dragon Platinum Magic Gold
Magic Salvia Magic Silver Magic Spice
Mega Bomb Mid-Atlantic Exemplar Mid-Atlantic Exemplar(K2
Summit)
Midnight Chill ( MNGB Almond/Vanilla MNGB Peppermint
MNGB Pinata Colada MNGB Spear Mint Moe Joe Fire
Mojo Mr. Smiley's MTh-787
Mystery Naughty Nights New Improved K3
New K3 New K3 Heaven New Ocean Blue
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Paradize p.e.p.poem Love p.e.p. pourri Original Spearmint
Strawberry
p.e.p. pourri Twisted Vanilla p.e.p. pourri X Blueberry Pink Tiger
Potpourri POW Pulse
Rasta Citrus Spice Rebel Spice Red Bird
Regular XXX Strawberry 1 Royal Samurai Spirit
Sativah Scope Vanilla Scope Wildberry
Sea Improved New Sence Shanti Spice
Shanti Spice Blueberry Silent Black Skunk
Smoke Smoke Plus Space
Spice Arctic Synergy Spice Diamond Spice Gold
Spice Silver Spice Tropical Synergy Spicer Ultra
Spicey Regular XXX Spicey XXX Spicey Ultra
Spicy Ultra Strong Spicylicious Spike 99
Spike 99 Ultra Spike 99 Ultra Blueberry Spike 99 Ultra Cherry
Spike 99 Ultra Strawberry Spike Diamond Spike Gold
Spike Max Spike Silver Stinger
Strong XXX Strawberry Strong XXX Vanilla Suave
1
Summer Skyy Super Kush Super Summit
s
Swagger Grape SYN Chill SYN Incense Lemon Lime
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SYN Incense Smooth SYN Incense Spearmint 1 SYN Lemon Lime#2
SYN Smooth SYN Spearmint SYN Spearmint#2
SYN Swagg SYN Vanilla SYN Vanilla#2
Texas Gold Time Warp Tribal Warrior
Tropical Thunder Ultra Cloud 10 Unknown Cigarette
Utopia Utopia—Blue Berry
Voo Doo Remix (Orange
package)
Voodoo Child Voodoo Magic Voodoo Remix
Who Dat Who Dat Herbal Incense Wicked X
Winter Boost Wood Stock XTREME Spice Yucatan Fire
Zombie World
Sec. 1246. Possession of 20 grams or less of cannabis and/or drug paraphernalia
prohibited.
alrrohibitions:
It shall be unlawful for any person to possess 20 grams or less of cannabis as described in F.S. §
893.02(3), or its successor.
It shall be unlawful for any person to possess smoking devices/drug paraphernalia as described in
City of Edgewater Ordinance Section 12-4.
(b)Definitions:
For the purposes of this section, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Cannabis - Means all parts of any plant of the genus Cannabis, whether growing or not;
the seeds thereof: the resin extracted from any part of the plant; and every compound,
manufacture. salt,derivative. mixture, or preparation of the plant or its seeds or resin.
Prohibited smoking devices/drug paraphernalia - means any device, equipment, or
utensil that is primarily used, intended primarily to be used, or by its design can be primarily
used, in ingesting or inhaling illegal/prohibited smoking materials.
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(c) Penalty:
A violation of this section is punishable by a civil fine in accordance with City of Edgewater
Fine Schedule, Sec. 10-348: Classification of violations and a schedule of civil fines, penalties
and/or costs.
(1) Each violation of any of the provisions contained in this section shall constitute a
separate violation/offense and be subject to a separate penalty.
(2) Any person found guilty, regardless of whether adjudication is withheld of any
violation under this section shall be liable for payment of the costs of prosecution and all
investigative costs incurred, including but not limited to any costs for laboratory testing.
(3) Police officers shall have the discretion to issue a city ordinance, civil citation in
lieu of arrest or issuing a Notice to Appear.
Lighte Process:
(1) If a police officer issues a civil citation pursuant to this section. in lieu of arrest or
issuing a Notice to Appear, the violator may either choose to pay the fine or contest the
citation by requesting a hearing through the city clerk's office.
(2) If the violator chooses to pay the fine the city clerk will nolo contendre the
citation and adjudication will be withheld as per administrative judicial order Ref: R-
2003-10.
Secs. 12-7-2-40. - Reserved.
ARTICLE II. - GARAGE SALES
Sec. 12-41. - Purpose.
The purpose of this article is to set certain requirements and criteria to regulate and control
all types of garage sales within the City of Edgewater.
Sec. 12-42. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Garage or yard sale are considered the same and means the sale of used household or
personal articles held on the seller's own premises. A garage sale operating for more than three
days in duration, occurring more than four times within a calendar year shall be considered a flea
market, whether indoor or open.
Indoor flea market means a market held in an open or sheltered area (not within a building)
where a group of individual sellers offer food and goods for sale to the public.
Person means any corporation, individual or members of a family residing in a household
conducting the sale.
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Sec. 12-43. - Frequency and duration.
Garage sales are permitted for no more than four sales during a calendar year located on the
same occupied residential or nonresidential property and such sales are limited to a duration of
three days. Garage sales are prohibited between the hours of 7:00 p.m. and 7:00 a.m.
Sec. 12-44. -License and fees.
It shall be unlawful for any person to conduct a garage sale in the city without first filing
with the city the information hereinafter specified and obtaining from the city a license to do so,
to be known as a "garage sale license." The fee for such license shall be established by the city
council pursuant to the information contained in the appropriate fee resolution.
Sec. 12-45. -Information to be filed.
The information to be filed with the city, pursuant to this article, shall be as follows:
(1) Name of person, firm, group, corporation, association or organization conducting said
sale.
(2) Name of owner of the property on which said sale is to be conducted and consent of
owner if applicant is other than owner.
(3) Location at which sale is to be conducted.
(4) Number of days for sale (one, two or three); not to exceed three.
(5) Date and nature of any past sale.
(6) Relationship or connection applicant may have had with any other person, firm, group,
organization, association or corporation conducting said sale and the date or dates of
such sale.
(7) Whether or not applicant has been issued any other vendor's license by any local, state
or federal agency.
(8) Sworn statement or affirmation by the person signing that the information therein given
is full and true and known to them to be so.
Sec. 12-46. -Signs.
Signs notifying, directing and advertising the garage sale are permitted as follows:
(1) A maximum of one on-site sign of not more than four square feet shall be allowed at the
authorized sale location. The on-site sign shall be removed and disposed of within 24
hours after the conclusion of the garage sale.
(2) A maximum of two off-site signs of not more than four square feet shall be allowed. All
off-site signs can only be placed with the property owner's permission on private
residential property and located within one-half mile of the authorized sale location.
Signs may not be displayed more than one hour prior to the sale and shall be removed
and disposed of within one hour after the conclusion of the garage sale. All signs must
have date of the sale affixed to the sign.
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(3) Signs placed in the right-of-way or signs found in violation of this section shall be
considered abandoned snipe signs and shall be removed as outlined in subsection 21.60-
04(a)of the land development code.
Sec. 12-47. - Parking.
Vehicles at the garage sale shall be parked and conducted in compliance with all applicable
laws and ordinances. The permittee shall be responsible for enforcing such additional temporary
controls as are needed to alleviate any special hazards and/or congestion created by the garage
sale. Any officer of the city police department or code enforcement division who determines a
hazard exists may suspend the sale immediately for the safety and welfare of the general public.
Sec. 12-48. - Display of sale property.
(a) No property offered for sale during a garage sale shall be displayed outdoors except on the
driveway or other private property at least 15 feet from any right-of-way. No property shall
be displayed for sale upon any right-of-way.
(b) All unsold items must be stored within a fully enclosed structure at the conclusion of a
garage sale and shall be removed or packed in such a manner as not visible from any public
street or abutting properties.
Sec. 12-49. - Penalty.
A violation of this article shall be enforced as outlined in chapter 10 article XXVII or any
other means available as provided by city ordinance or by law.
Sec. 12-50-12-59. - Reserved.
ARTICLE III - ALARM SYSTEMS
Sec. 12-60. - Purpose.
The purpose of this article is to protect the emergency services of the city from misuse
through prohibition and regulation of certain alarms within the city.
Sec. 12-61. - Definitions.
For the purpose of this article, the following words and phrases shall have the meanings
ascribed to them in this section:
Alarm means any device which is used in a building, place or premises for the detection of
unauthorized entry, burglary, fire, rescue or any other emergency activity and which when
activated emits a sound, signal or message to alert others, whether such sound, signal or message
is emitted on or off premises or to the central office of an alarm business.
Alarm business means any person engaged in the business of selling, leasing, maintaining,
servicing, repairing, altering, replacing, moving, or installing any alarm in or on any building,
place or premises.
Alarm user means any person using an alarm or occupying or controlling any building, place
or premises or portion of a building, place or premises served by an alarm.
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False alarm means the activation of an alarm through mechanical failure, malfunction,
improper installation, or other negligence of the alarm user that results in dispatch of police or
fire personnel. False alarms do not include an alarm signal caused by violent conditions of nature
or other extraordinary circumstances not subject to control by the alarm user.
Person means any firm, partnership, association, organization, bodies politic and corporate,
and any other group acting as a unit, as well as any individual.
Sec. 12-62. -Alarm registration required.
(a) Effective October 1, 1994, no person shall have an alarm installed to be operational or use an
existing alarm unless an alarm registration has been issued by the city authorizing the use of
such alarm.
(b) Any person who does not obtain the required alarm registration within 30 days of
installation and/or activation shall be subject to a fine as established by resolution of the city
council. The city shall provide the alarm user and the owner of the real property on which
the building, place or premises served by the alarm is located written notice by regular mail
of the fine. The notice shall require payment within 30 days of the date of the notice and
shall state that it shall constitute a lien against the property if payment is not received within
30 days.
(c) If payment is not received within the thirty-day period, a lien against the property is hereby
created in favor of the city in the amount of the fine plus any recording fee, foreclosure
costs, other expenses including attorney's fees and simple interest at the rate of eight percent
from the date the lien is filed. Such lien shall be prior to all other liens on such property
except the lien of state, county and municipal taxes and shall be on a parity with the lien of
such state, county and municipal taxes.
(d) Such registration shall be in addition to any construction or building requirements imposed
pursuant to chapter 7.
Sec. 12-63. -Application for alarm registration.
(a) An application for an alarm registration shall be filed with the city. The application shall be
in such form and shall contain such information as shall be prescribed from time to time by
the city, but shall contain at least the following:
(1) Name, address and telephone number of the alarm user.
(2) Address of the building,place or premises served by the alarm.
(3) The name, address and telephone number of the person or persons in charge of the
building, place or premises served by the alarm if different than the alarm user.
(4) The name, address and telephone number of the owner of the real property on which the
building, place or premises served by the alarm is located if other than the alarm user.
(b) An amended application shall be filed within ten days after any change in the information
provided in the original application.
(c) An alarm registration shall be denied if:
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(1) The requested information is not supplied on the application.
(2) The requested information is incorrect.
Sec. 12-64. -Registration issuance.
No alarm registration shall cover more than one building, place or premises.
Sec. 12-65.-Decal posting required.
Each alarm registration holder shall be issued a numbered alarm decal by the city which
shall be displayed in a conspicuous place near the entrance and visible from the outside of the
premises.
Sec. 12-66. - Excessive false alarms declared a public nuisance.
(a) No person shall allow, permit, cause or fail to prevent the emission for any reason of more
than three false alarms within any six-month period by any alarm used by him or on
property owned by him. The emission of more than three false alarms within any six-month
period is excessive, constitutes a serious public nuisance and shall be subject to the service
charges provided for in this article.
(b) Upon notice to the police chief or fire chief, an alarm user shall be given a thirty-day grace
period from the date the alarm is installed or a substantial change in the system is made
during which time false alarms will not be counted. Upon the filing of an amended
application, any response to a building, place or premises in which the alarm user has
changed will be considered a first response.
Sec. 12-67. - Service charges.
(a) Pursuant to the provisions of this section, effective May 1, 1994, an alarm user shall be
charged a service fee as established by resolution of the city council for response to
excessive false alarms by the police department and/or department of fire and rescue
services. An initial service fee shall be established for the first false alarm in excess of three
false alarms in any six-month period and an escalating fee for the second, third and each
successive false alarm in any six-month period.
(b) The police chief in the case of alarms responded to by the police department only and the
fire chief in the case of alarms responded to by the department of fire and rescue services
shall determine whether a false alarm has occurred and the frequency of such false alarms
and reduce such determination to writing.
(c) The decision of the police chief or the fire chief may be appealed by the alarm user to the
code enforcement board by filing a written notice of appeal with the secretary of the code
enforcement board within 30 days from the date the decision was rendered. The code
enforcement board shall provide an opportunity to appear, be heard and to present testimony
or evidence. Upon hearing all testimony and evidence, the board shall determine whether the
alarm was activated through mechanical failure, malfunction, improper installation, or other
negligence of the alarm user or was caused by violent conditions of nature or other
extraordinary circumstances not subject to control by the alarm user. The board shall inform
the alarm user of its decision at the meeting.
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(d) The city shall provide the alarm user and the owner of the real property on which the
building, place or premises served by the alarm is located with written notice by regular mail
of the amount of any service charge owed to the city. The notice shall require payment
within 30 days of the date of the notice and shall state that it shall constitute a lien against
the property if payment is not received within 30 days.
(e) If payment is not received within the thirty-day period, a lien against the property is hereby
created in favor of the city in the amount of the service charge owed plus any recording fee,
foreclosure costs, other expenses including attorney's fees and simple interest at the rate of
eight percent from the date the lien is filed. Such lien shall be prior to all other liens on such
property except the lien of state, county and municipal taxes and shall be on a parity with the
lien of such state, county and municipal taxes.
Sec. 12-68. - Automatic dialing prohibited; requirements for alarm business staffing and
identification.
(a) No automatic dialing device shall be interconnected to any primary or trunk line at the
police department or department of fire and rescue services unless approved by the police or
fire chief, respectively.
(b) No person shall provide an alarm system programmed to a central alarm reception office
unless the central office is staffed 24 hours a day, including holidays.
(c) Any employee of an alarm service reporting an alarm activation to which police and or
fire/rescue response is requested shall identify himself by name and state the name and
telephone number of the alarm business requesting such response.
Sec. 12-69. - Audible alarms.
All alarm sounds which may be heard in any public place shall be equipped and maintained
to automatically cut off after no longer than 30 minutes except for fire alarms and other alarms
required by law to sound longer.
Sec. 12-70. - Exemptions.
This article shall not apply to alarms attached to motor vehicles or to any alarm system
located in a building, place or premises occupied by an agency of federal, state, county or
municipal government or any medical alert device.
Sec. 12-71. -Alternative enforcement procedure.
The procedures set forth in this article shall be supplemental to other procedures established
by the city for the enforcement of its codes.
Secs. 12-72-12-74. - Reserved.
ARTICLE IV. - PROSTITUTION AND FORNICATION
Sec. 12-75. - Findings; definitions; live sex act businesses prohibited.
(a) The city council makes the following findings:
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(1) The operation of a business for purposes of providing the opportunity to engage in, or
the opportunity to view, live sex acts is declared to be a disorderly house and a public
nuisance per se which should be prohibited; and
(2) The operation of a live sex act business contributes to the spread of sexually transmitted
diseases; and
(3) The operation of a live sex act business is inimical to the health, safety, general welfare
and morals of the inhabitants of the city.
(4) Evidence in support of these findings may be found in the Sex Clubs, Factual Record;
and the Sexually Oriented Businesses, Factual Record, Supplement.
(b) In this section, unless the context otherwise requires:
(1) Consideration means the payment of money or the exchange of any item of value for:
a. The right to enter the business premises, or any portion thereof; or
b. The right to remain on the business premises, or any portion thereof; or
c. The right to purchase any item permitting the right to enter, or remain on, the
business premises, or any portion thereof; or
d. The right to a membership permitting the right to enter, or remain on, the business
premises, or any portion thereof.
(2) Live sex act means any act whereby one or more persons engage in a live performance
or live conduct which contains oral sexual contact or sexual intercourse.
(3) Live sex act business means any business in which one or more persons may view, or
may participate in, a live sex act for a consideration.
(4) Operate and maintain means to organize, design, perpetuate or control. Operate and
maintain includes providing financial support by paying utilities, rent, maintenance
costs or advertising costs, supervising activities or work schedules, and directing or
furthering the aims of the enterprise.
(5) Oral sexual contact means oral contact with the penis, vulva or anus.
(6) Sexual intercourse means penetration into the penis, vulva or anus by any part of the
body or by any object or manual masturbatory contact with the penis or vulva.
(c) It shall be unlawful for any person to operate and maintain a live sex act business.
(d) Operation of a live sex act business is a public nuisance per se which may be abated by
order of the code enforcement board or magistrate.
(e) The city attorney, in the name of the City of Edgewater, may apply to the code enforcement
board or magistrate for an order permitting the city to abate violations of this section.
(1) After notice to the operator of a live sex act business, the judge shall conduct a hearing and
take evidence as to whether a live sex act business is being operated in violation of this
section.
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(g) If, at the conclusion of the hearing, the judge determines that a live sex act business is being
operated in the city in violation of this section, an order shall be entered authorizing the city
to abate the violation by closing the business. A copy of the order shall be delivered to the
operator of the business and mailed to the owner of the property upon which the business is
located.
(h) Nothing in this section shall be construed to apply to the nonobscene presentation, showing,
or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy,
school, institution of higher education, or similar establishment as a form of expression of
opinion or communication of ideas or information, as differentiated from the promotion or
exploitation of sex for the purpose of advancing the economic welfare of a commercial or
business enterprise.
Secs. 12-76-12-85.-Reserved.
ARTICLE V. - SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 12-86. - Findings and intent.
(a) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders
who prey on children are sexual predators who present an extreme threat to the public
safety. Sexual offenders are extremely likely to use physical violence and to repeat their
offenses, and most sexual offenders commit many offenses, have many more victims than
are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost
of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(b) It is the intent of this section to reduce the potential risk of harm to children of the
community by limiting the opportunity for sexual predators and sexual offenders to be in
contact with unsuspecting children in locations that are primarily designed for use by
children,are primarily used by children,or are customary gathering places for children.
(c) It is the further intent of this section to serve the city's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens of this city by creating
areas around locations where children regularly congregate in concentrated numbers
wherein certain sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residence.
Sec. 12-87. -Definitions.
For the purposes of administration and enforcement of this section, unless otherwise stated,
the following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Child care facility has the same meaning as provided in F.S. §402.302.
Park means any public or private land available for recreational, educational, cultural or
aesthetic use as recognized by any governmental agency, Home Owner's Association (HOA)
and/or Community Development District(CDD).
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Playground (miniparlc recreational open space, playground) means a publicly or privately
owned area for recreational use primarily by children as recognized by any governmental
agency, Home Owner's Association(HOA)and/or Community Development District(CDD).
Permanent residence means a place where the person abides, lodges or resides for five or
more consecutive days.
Restricted sexual offender means a person:
(1) Convicted of a felony violation of any offense listed in F.S. § 943.0435(1)(a)1;
(2) Convicted of any similar offense committed in this state that has been redesignated
from a former statute number to one of those listed in F.S. § 943.0435(1)(a)1; or
(3) Convicted of any similar offense in another jurisdiction that would be a felony if
committed in this state, where the victim of the offense was under the age of 18 at the
time of the offense and the offender was 18 years of age or older at the time of the
offense and was prosecuted as an adult; or
(4) Adjudicated delinquent for committing, or attempting, soliciting, or conspiring to
commit, on or after July 1, 2007, a violation of F.S. § 794.011(1)—(9), F.S. §
800.04(4)(b), where the victim is under 12 years of age or where the court finds sexual
activity by the use of force or coercion; F.S. § 800.04(5)(c)1, where the court fords
molestation involving unclothed genitals; or F.S. § 800.04(5)(d), where the court fords
the use of force or coercion and unclothed genitals; and when the juvenile was 14 years
of age or older at the time of the offense.
School has the same meaning as provided in F.S. § 1003.01, and includes private schools as
defined in F.S. 1002.01, a voluntaryprekindergarten education program§ p g as described in F.S.
P l�'� §
1002.53(3), a public school described in F.S. § 402.3025(1), the Florida School for the Deaf and
Blind, the Florida Virtual School as established under F.S. § 1002.37, and a K-8 Virtual School
as established under F.S. § 1002.415, but does not include facilities dedicated exclusively to the
education of adults.
Sexual offender is a person convicted of (or who has pled no contest or guilty to) a sex
offense involving a minor and who is released on or after October 1, 1997 from the sanction
(e.g., fine, incarceration, probation, etc.) imposed as a result of the offense. Offenses include, but
are not limited to, child pornography, sexual performance by a child under 18 and procuring a
person under 18 for purposes of prostitution.
Sexual predator means a person designated as such pursuant to the criteria established in
F.S. §§ 775.21(4) and 775.21(5). A predator designation requires that a person be convicted of a
first-degree felony sex crime, or two second-degree felony sex crimes (with offenses, convictions
or release from court sanctions occurring within ten years) and which occurred after October 1,
1993. In addition,the court must issue a written order finding for predator status.
Temporary residence means a place where the person abides, lodges, or resides for a period
of 14 or more days in the aggregate during any calendar year and which is not the person's
permanent address, or a place where the person routinely abides, lodges or resides for a period of
four more consecutive or nonconsecutive days in any month and which is not the person's
permanent residence.
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Transient residence means a place where a person lives, remains, or is located for a period
of five or more days in the aggregate during a calendar year and which is not the person's
permanent or temporary address. The term includes, but is not limited to, a place where the
person sleeps or seeks shelter and a location that has no specific street address.
Within 2,500 feet means a distance that shall be measured in a straight line from the outer
boundary of the real property upon which the residential dwelling unit of the restricted sexual
offender or sexual predator is located to the nearest outer boundary of a school, daycare center,
park, playground or other place where children regularly congregate. The distance may not be
measured by a pedestrian route or automobile route, but instead shall be measured as the shortest
straight line between the two points without regard to any intervening structures or objects.
Without otherwise limiting the foregoing measurement instructions, under those circumstances
in which the residential dwelling unit of the restricted sexual offender or sexual predator is
within a cooperative, condominium or apartment building, the parcel of real'property described
in this paragraph shall consist of the parcel or parcels of real property upon which the
cooperative, condominium, or apartment building that contains the residential dwelling unit of
the restricted sexual offender is located.
Sec. 12-88.-Sexual offenders and sexual predators residence prohibition; exceptions;
penalties; violation.
(a) Residence prohibition.
(1) It is unlawful for any person who is a restricted sexual offender or a designated sexual
predator, where the victim is a minor, to establish or maintain a permanent, temporary
or transient residence within 2,500 feet of any public or private school, child care
facility, park, library, church, playground (minipark, recreational open space,
playground)or other place where children regularly congregate.
(b) Exceptions. A person residing within 2,500 feet of any school, child care facility, park,
playground (such as minipark and recreational open space), library, church or other place
where children regularly congregate does not commit a violation of this section if:
(1) The person established the permanent residence or temporary residence and reported
and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to
the effective date of this section. When a person who is subject to this section changes
residences,this section shall fully apply to such persons.
(2) The school, child care facility, park, playground (such as minipark and recreational
open space), library, church or other place where children regularly congregate within
2,500 feet of the person's permanent residence was established after the person
established the permanent residence.
(c) Penalties Each act of violation and each day upon which any such violation shall occur shall
constitute a separate offense,punishable by a fine not to exceed$500.00 per day.
Sec. 12-89. -Property owners prohibited from renting real property to certain sexual
offenders and sexual predators; penalties.
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(a) It is unlawful to let or rent any place, structure, or part thereof, trailer, vessel or other
conveyance, with the knowledge that it will be used as a permanent residence or temporary
residence by any person prohibited from establishing such permanent residence or
temporary residence pursuant to section 12-88 of this Code, if such place, structure, or part
thereof, trailer, vessel or other conveyance, is located within 2,500 feet of any school, child
care facility, park, playground (such as minipark and recreational open space), library,
church, or other place where children regularly congregate.
(b) A property owner's failure to comply with provisions of this section shall constitute a
violation of this section and shall subject the property owner to the code enforcement
provisions and procedures of the City of Edgewater Code of Ordinances that allow the city
to seek relief as otherwise provided by law.
Secs. 12-90-12-100. - Reserved.
ARTICLE VI. - PUBLIC PROPERTY CAMPING
Sec. 12-101. - Public property camping.
(a) Camping defined. For the purpose of this section, camping is defined as:
(1) Sleeping or otherwise being in a temporary shelter out-of-doors; or
(2) Sleeping out-of-doors
(b) Camping limited It shall be unlawful for any person to camp on public property without
first obtaining a permit.
(c) Evidence of camping. Prior to arresting or citing a person for a violation of subsection (b)
herein an officer must determine, at a minimum, that:
(1) The person is occupying public property, to wit, property either deeded or dedicated to
or leased by a governmental agency or unit, and
(2) The violator is inside a tent or sleeping bag, or is covered by materials such as blankets,
newspapers, cardboard,or is inside some form of temporary shelter, or
(3) The violator has built a campfire, or
(4) The violator is asleep and when awakened he/she volunteers that he/she has no home or
other permanent shelter.
(d) Arrest/citation procedure. Prior to arrest or issuing a citation, if such person is homeless
he/she must be given an opportunity to enter a homeless shelter or agree to be relocated to a
similar facility, if available. If no such facility is available, an arrest may not be made or a
citation issued under subsection (b). If such facility is available, and the violator refuses to
enter or be relocated to the facility, an arrest may be made or a citation issued under
subsection(b).
Sec. 12-102. - Permit application for camping on public property designated for camping.
(a) Form. Applicants for registration shall complete and return to the city clerk, not fewer than
five working days in advance of the date upon which the applicant wishes to camp on
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publicly owned or publicly leased property designated for within the city, an application
form furnished by the city which shall require the following information:
(1) Name, date of birth, permanent or temporary address and telephone number. The
information shall be supported by a driver's license or some other photo proof of
identity providing equivalent information;
(2) A physical description of the applicant and any other distinguishing physical
characteristics.
(3) The length of time camping will be conducted.
(4) The location of the public property designated for camping where camping will be
conducted.
(5) A statement that the applicant acknowledges that no person shall camp or sleep on
public properties designed for camping unless such property has a structure designed in
accordance with the Florida Building Code and the Florida Life Safety Code to safely
permit camping/sleeping and have enough accompanying sanitary facilities to
accommodate the population of such facility or such property has designed transient
camp sites that are in compliance with the Florida Fire Prevention Code and is designed
to accommodate recreational vehicles or allow for occupants to camp/sleep within
commercially manufactured tents that are designed and tested to safely shelter
occupants for the purpose of sleeping. The property shall also have sanitary facilities
that can accommodate the occupant load of the number of permitted transient guests
and staff. The building official and fire marshal shall verify such compliance.
(6) A statement that the city shall provide scheduled and unscheduled inspections.
(7) A statement that the city may add additional requirements to the permit.
(8) A statement that the permit can be revoked by the building official, fire marshal, code
enforcement officer or a law enforcement officer for a violation of Florida law, city
ordinance, or failure to comply with any additional requirements as part of the permit.
(b) Additional information. Each camper applicant shall present to the city clerk for
examination:
(1) A driver's license or some other photo proof of identity providing equivalent
information;
(2) A notarized statement from the property owner authorizing the applicant to camp on the
property.
Sec. 12-103. - Fee.
At the time the application is submitted a fee shall be paid to the city clerk. The fee shall be
established by resolution from the city council and subject to change accordingly. This fee is not
refundable if the applicant is refused for any reason noted in section 12-104 or if the applicant
withdraws the application at any time after the close of the business day on the day during which
it was submitted.
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Any person claiming to be legally exempt from the regulation set forth in article VI, and/or
from payment of the fee, shall cite to the city clerk in writing the statute or other legal authority
under which exemption is claimed. No permit fee will be required for any event sponsored or co-
sponsored by the city.
Sec. 12-104. - Review; issuance or denial.
(a) The city clerk shall refuse to register the applicant if it is determined, pursuant to the chief of
police's review that:
(1) The application is incomplete or contains false data;
(2) The applicant failed to comply with any applicable provision of section 12-101.
(b) Absent a cause to refuse registration in accordance with subsection (a), the city clerk shall
grant a permit. Such certificate shall authorize the holder to camp on the approved public
property designated for camping for three days. Upon the receipt of a renewal application,
the city clerk may renew a permit one time in a calendar year. The city clerk shall maintain
an accurate record of every application received and acted upon together with all other
information and data pertaining to the application and all permits issued and applications
refused.
(c) A permit is not transferable.
Sec. 12-105. -Appeal.
Any person aggrieved by the action or decision of the city clerk to deny or revoke a permit
may appeal such decision to the city manager by filing a written request with the city manager
within 30 days after the rendition of the decision by the city clerk.
Sec. 12-106. - Enforcement.
The provisions of this chapter shall be enforced by the city clerk, code enforcement division,
police department and fire department.
Sec. 12-107. - Penalty.
Any person violating the provisions of this article shall, upon conviction, be subject to the
penalties in section 1-8 of this Code. Each separate day of violation constitutes a separate
offense.
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