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2/18/91(Legal)Ob <br />ORDINANCE 91- 40 <br />AN-ORDINANCE--OF-INDIAN RIVER— COUNT , <br />FLORIDA MAKING IT UNLAWFUL TO LOITER IN A <br />PUBLIC PLACE IN A MANNER MANIFESTING THE <br />PURPOSE OF ILLEGALLY USING, POSSESSING OR <br />SELLING CONTROLLED SUBSTANCES. <br />WHEREAS, the use,possession and sale of controlled <br />substances by known persons"on a regular basis occurs in certain areas <br />of the County; and <br />WHEREAS, a drug -loitering ordinance as set forth herein <br />has been upheld,in a court of this state; and <br />WHEREAS, it would be in the public interest to have such <br />an ordinance.in force in Indian River County, <br />NOW, THEREFORE, be it resolved by the Board of County <br />Commissioners of Indian River County, Florida that: <br />JSECTION 1. AMENDMENT. <br />A new section 306.08 is added to the Code of Ordinance of <br />Indian River County to read as follows: <br />Section 306.08 Manifesting the purpose of illegally using, <br />possessing or selling controlled substances <br />(1) It is unlawful for any person to loiter in a public place <br />in a manner and under circumstances manifesting the <br />purpose of illegally using, possessing, transferring or <br />selling any controlled substance as that term is defined in <br />Section 893.02, F.S. Among the circumstances which may <br />be considered in determining whether such a purpose is <br />manifested are the following: <br />(a) The person is a known illegal user, possessor or seller <br />of -controlled -substances -or- the-person-i"t-g-locatio <br />frequented by persons who illegally use, possess, <br />transfer or sell controlled substances; and <br />(b) The person repeatedly beckons to, stops, attempts to <br />stop or engage in conversation with passers-by, <br />whether such passers-by are on foot or in a motor <br />vehicle, for the purpose of inducing, enticing, <br />soliciting or procuring another to illegally possess, <br />transfer or buy any controlled substances; or <br />SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:24:30 - OfficialDocuments;638, Attachment Id 0, Page 1 <br />