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ORDINANCE 91- 40
AN-ORDINANCE--OF-INDIAN RIVER— COUNT ,
FLORIDA MAKING IT UNLAWFUL TO LOITER IN A
PUBLIC PLACE IN A MANNER MANIFESTING THE
PURPOSE OF ILLEGALLY USING, POSSESSING OR
SELLING CONTROLLED SUBSTANCES.
WHEREAS, the use,possession and sale of controlled
substances by known persons"on a regular basis occurs in certain areas
of the County; and
WHEREAS, a drug -loitering ordinance as set forth herein
has been upheld,in a court of this state; and
WHEREAS, it would be in the public interest to have such
an ordinance.in force in Indian River County,
NOW, THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
JSECTION 1. AMENDMENT.
A new section 306.08 is added to the Code of Ordinance of
Indian River County to read as follows:
Section 306.08 Manifesting the purpose of illegally using,
possessing or selling controlled substances
(1) It is unlawful for any person to loiter in a public place
in a manner and under circumstances manifesting the
purpose of illegally using, possessing, transferring or
selling any controlled substance as that term is defined in
Section 893.02, F.S. Among the circumstances which may
be considered in determining whether such a purpose is
manifested are the following:
(a) The person is a known illegal user, possessor or seller
of -controlled -substances -or- the-person-i"t-g-locatio
frequented by persons who illegally use, possess,
transfer or sell controlled substances; and
(b) The person repeatedly beckons to, stops, attempts to
stop or engage in conversation with passers-by,
whether such passers-by are on foot or in a motor
vehicle, for the purpose of inducing, enticing,
soliciting or procuring another to illegally possess,
transfer or buy any controlled substances; or
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(c) The person repeatedly passes to or receives from
ssers=by, whether- such -passers -by -are -on -foot-ori
a motor vehicle, money, objects or written material for
the purpose of inducing, enticing, soliciting or
procuring another to illegally possess, transfer or buy
any controlled substances.
(2) In order for there to be a violation of subsection (1),
the person's affirmative language or conduct must be such
as to demonstrate by its express or implied content or
appearance a specific intent to induce, entice, solicit or
procure another to illegally possess, transfer or buy 'a
controlled substance.
(3) No arrest shall be made for a violation of subsection
(1) unless the arresting officer first affords the person an
opportunity to explain his conduct, and no one shalt be
convicted of violating subsection (1) if it appears at trial
that the explanation given was true and disclosed a lawful
purpose.
{4)—For-the-purpose-0f-this-section, a-11known illegal -user-,
possessor or seller of controlled substances" is a person
who, within one (1) year prior to the date of arrest for
violation of this section, has within the knowledge of the
arresting officer been convicted of illegally manufacturing,
using, possessing, selling purchasing or delivering any
controlled substance.
SECTION 2. SEVERABILITY.
If any section, or if any sentence, paragraph, phrase, or
word of this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
inlid or inopera ive part.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective on becoming law.
Approved and adopted by the Board of County
Commissioners_of_Indian-River--Caunt-y Ylorida,otLthis -IL-day--
September
1 day_September
1991.
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s ordinance was .-advertised in the Vero Beach Press-.
Journal on'the 27 day of 1991, for a public hearing to
be held on the 17 day of September 1991, at which time it was
moved for adoption by Commissioner Scurlock' and the motion
wra>, wconde by C:ommissione"hee_L2r ,-and, adopted by the
following vote:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner. Carolyn K. Eggert Aye
BOARD OF COUNTY COMMISSIONERS `kaa1NDIAN RIVER
COUNTY,
FW
By �G1 tt
Richard N. Bird
z
Chair b�.
Attest by
Jeff
rey.,Kd..Bartcn..> .
Clerk
Acknowledgment by the Department of State of the State of Florida,;:
this 23rd day of September' , 1991.
Effective date: Acknowledgment for the Department of State received
on this 25th day of September-1991�t9-00 a_m1p.m anct filed
in the Office of the Clerk of the Board of County .Commissioners of
indian River County, Florida.
Indlan Avt,. 0vetl I�—
Ad;nin.
Legai 3G q
Budget / q ' 3d
Dept.
Risk Mgr.
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