619ORDINANCE NO. filq
AN ORDINANCE PROVIDING THAT A POLICE OFFICER
MAY STOP ANY PERSON IN A PUBLIC PLACE WHEN
THE SAID OFFICER REASONABLY SUSPECTS THAT THE
PERSON IS COMMITTING OR IS ABOUT TO COMMIT OR
HAS COMMITTED A FELONY OR MISDEMEANOR AND MAY
DEMAND THE NAME AND ADDRESS OF THE PERSON AND
AN EXPLANATION OF HIS ACTIONS; PROVIDING FURTHER
THAT WHEN A POLICE OFFICER HAS STOPPED A PERSON
FOR TEMPORARY QUESTIONING PURSUANT TO THIS
ORDINANCE AND WHEN THE OFFICER REASONABLY SUSPECTS
HE IS IN DANGER OF LIFE OR LIMB, HE MAY SEARCH
SUCH PERSON FOR DANGEROUS WEAPONS; PROVIDED FURTHER
THAT WHEN THE OFFICER DISCOVERS A WEAPON, HE MAY
TAKE IT UNTIL THE COMPLETION OF THE QUESTIONING,
AT WHICH TIME HE MAY EITHER RETURN THE WEAPON OR
ARREST THE PERSON SO QUESTIONED; PROVIDING A
SEVERABILITY PROVISION; PROVIDING A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater,
Florida is concerned about the rising crime rate in our
society and in our area, and recognizes the urgent need for
legislation to assist police officers in the effective per-
formance of their duties of preventing crime and apprehend-
ing criminals within the City of Edgewater, Florida; and
WHEREAS, the City Council of the City of Edgewater,
Florida finds and determines that this Ordinance is needed
to assist our police officers in more effective discharge
of their duties.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1. (A) The police officers of the City of
Edgewater, Florida shall have the power and authority to
stop and detain any person in a public place in the City of
Edgewater, Florida who he reasonably suspects is committing,
has committed, or is about to commit a felony or misdemeanor,
and after having identified himself as a police officer, may
immediately demand of that person his or her name, address
and an explanation of his or her actions.
(B) When said police officer has stopped
or detained a person for questioning pursuant to this Ordinance
and reasonably suspects he is in danger of life or limb, he
may search such person for a dangerous weapon, and upon dis-
covery of such a weapon, he may take it until completion
of the questioning, at which time he shall either return it,
if lawfully possessed, or arrest the person so questioned.
(C) It shall be unlawful for any person
who is stopped and detained pursuant to this Ordinance to
wilfully refuse to give his or her name and address or to furnish
any false or misleading explanation of his actions. It shall
also be unlawful for said person so stopped or detained to
resist a reasonable search for dangerous weapons made pur-
suant to this Ordinance.
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SECTION 2. Any person of violating any
provision of this Ordinance shall, upon conviction thereof,
be subject to the penalty provided in Section 1-8 of the
Code of Ordinances of the City of Edgewater, Florida.
SECTION 3. If any section, sentence, clause, phrase,
or word of this Ordinance is for any reason held or declared
to be unconstitutional, inoperative, uninforceable or void,
such holding or invalidity shall not affect the remaining
portions of this Ordinance.
SECTION 4. That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed.
SECTION 5. That this Ordinance shall take effect
immediately upon its adoption by City Council and approval
by the Mayor.
The above Ordinance was read in full and passed by vote of
the City Council of the City of Edgewater, Florida at a regular
meeting of said Council held on the 16th day of December A.D.,
1968.
Upon motion duly made, seconded and carried, the require-
ment of reading said Ordinance upon second reading was waived and
the Ordinance was ordered put upon final passage.
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Passed by vote of the City Council of the City of
Edgewater, Florida at a regular meeting of said Council
held on the 16th day of December A.D., 1968, and approved
as provided by law; the vote of said Council upon roll call
being as follows:
Approved this 16th day of
December A.D., 1968.
Mayor
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