Laserfiche WebLink
(c) The person repeatedly passes to or receives from <br />ssers=by, whether- such -passers -by -are -on -foot-ori <br />a motor vehicle, money, objects or written material for <br />the purpose of inducing, enticing, soliciting or <br />procuring another to illegally possess, transfer or buy <br />any controlled substances. <br />(2) In order for there to be a violation of subsection (1), <br />the person's affirmative language or conduct must be such <br />as to demonstrate by its express or implied content or <br />appearance a specific intent to induce, entice, solicit or <br />procure another to illegally possess, transfer or buy 'a <br />controlled substance. <br />(3) No arrest shall be made for a violation of subsection <br />(1) unless the arresting officer first affords the person an <br />opportunity to explain his conduct, and no one shalt be <br />convicted of violating subsection (1) if it appears at trial <br />that the explanation given was true and disclosed a lawful <br />purpose. <br />{4)—For-the-purpose-0f-this-section, a-11known illegal -user-, <br />possessor or seller of controlled substances" is a person <br />who, within one (1) year prior to the date of arrest for <br />violation of this section, has within the knowledge of the <br />arresting officer been convicted of illegally manufacturing, <br />using, possessing, selling purchasing or delivering any <br />controlled substance. <br />SECTION 2. SEVERABILITY. <br />If any section, or if any sentence, paragraph, phrase, or <br />word of this ordinance is for any reason held to be unconstitutional, <br />inoperative, or void, such holding shall not affect the remaining <br />portions of this ordinance, and it shall be construed to have been the <br />legislative intent to pass the ordinance without such unconstitutional, <br />inlid or inopera ive part. <br />SECTION 3. EFFECTIVE DATE. <br />This ordinance shall become effective on becoming law. <br />Approved and adopted by the Board of County <br />Commissioners_of_Indian-River--Caunt-y Ylorida,otLthis -IL-day-- <br />September <br />1 day_September <br />1991. <br />SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:24:30 - OfficialDocuments:638, Attachment Id 0, Page 2 <br />