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Home My WebLink AboutCHAPTER #178 , -- . '~. ORDINANCE NO. 178 AN ORDINANCE I)ROVIDING FOH THE ADOPTION OF I)ORTIONS OF CHAl-TER 186, FLORIDA STATUTES, (1957), HODEL TRAFFIC ORDINANCE FOR MUNICIPALITIES AND FURTHER PROVIDING Fon THE ENFORCENENT AND IJUNISHl1ENT OF THE FOLLmlING: TRAF1!'IC FAILING TO STOP FOR SCHOOL BUS: DHIVING ".ll-IIJ.JE LICENSE SUS}'ENDED on R1~VOK"SD: ASSAULT AND BATTERY: DISTUHBING SCHOOLS, RELIGIOUS AND OTHER ASSEHBLIES: DRUNKENESS: HOUSES OF ILL 1!'AI1B ArID GMIBLING: EXPOSURE OF SEXUAL ORGANS: LARCE~rr: INJURING D\'ffiLLING HOUSES, SCHOOL HOUSES, CHURCHES, ETC.: TAKING OR USING TE~1I:)ORARIIJY ANY VEHICLE on ANH1AL OF ANOTHER 1JITHOUT AUTHORITY: VAGH.ANCY: CARRYING CONCEALED WEAPONS: CARRYING PISTOL OR REI~ATING RIFLE WITHOUT ]'IRST OBTAINING LICENSE: IMI>ROPEH EXHIBITION OF DANGEROUS \-lEAl'ONS: DISCHARGING lnRBARHS IN l)UBLIC: UNNATURAL AND LASCIVIOUS ACT: NALICIOUS INJURY: PROSTITUTION: LOTTERY: SHOPLIFTING: EXCEFTION FROM FALSE ARREST: CONTE~~'T AGAINST MUNICIPAL COURT: ~1AKING, ISSUING, UTTERING, ETC., WORTHLESS CHECKS DRAFTS, ETC: OBTAINING PROPERTY IN RETURN FOR ~IORTH-)!- LESS CHECKS, ETC., 'dITHIN THE CITY LIHI'I'S OF THE CITY OF SEBASTIAN. BE IT OHDAINED BY THE CITY com~CIL OF T}ill CITY OF SEBASTIAN, FLORIDA. SECTION 1 - That the City of Sebastian hereby adopts by reference the following provisions of the Florida Model Traffic Ordinance: Sections 186.03, 186.04, 186.22, 186.47, 186.48, 186.49, 186.59, 186.66, 186.67, 186.68, 186.69, 186.70, 186.71, 186.72, 186.73, 186.74, 186.75, 186.76, 186.77, 186.78, 186.79, 186.80, 186.81, 186.82, 186.83, 186.84, 186.85, 186.86, 186.87, 186.88, 186.89, 186.90, 186.91, 186.92, 186.93, 186.94, 186.95, 186.96, 186.97, 186.98, 186.99, 186.0101, 186.0102, 186.0103, 186.0104, 186.0105, 186.0106, 186.0107, 186.0108, 186.0109, 186.0110, 186.0111, 186.0112, 186.0113, 186.0114, 186.0115, 186.0116, 186.0117, 186.0118, 186.0119, 186.0120, 186.0128, 186.0129, 186.0130, 186.0131, 186.0132, 186.0133, 186.0134, 186.0135, 186.0136, 186.0137, 186.0138, 186.0139, 186.0140, 186.0141, 186.0142, 186.0143, 186.0144, 186.0145, 186.0147, 186.0148, 186.0149, 186.0150, 186.0151, 186.0152, 186.0153, 186.0154, 186.0155, 186.0156, 186.0157, 186.0158, 186.0159, 186.0160, 186.0161, 186.0162, 186.0163, 186.0164, 186.0165, 186.0166, 186.0167, 186.0168, 186.0169, 186.0170, 186.0171, 186.0172, 186.0173, 186.0174, 186.0175, 186.0176, 186.0177, 186.0178, 186.0179, 186.0180, 186.0181, 186.0182, 186.0183, 186.0184, 186.0185, 186.0186, 186.0187, 186.0188, 186.0189, 186.0190, 186.0191. DRIVING 1lfHILE LICENSE SUSI'ENDED OH REVOKED. SECTION 2 - Any person whose operator's or chauffeur's license, or driving priVilege as a non-resident, has been cancelled, suspended or revoked as provided in this ordinance and who drives any ., mot~ehicle upon the streets ~the City of Sebastian Whi~ such license or privilege is canceled, suspended, or revoked, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment~ for not less than one day, or more than six months, and there may be imposed in addition thereto a fine of not more than five htmdred dollars. SECTION 3 - TRAFFIC TO STOP FOR SCHOOL BUS. Any person using, oper- ating, or driving a motor vehicle upon or over the roads, streets, or highways of the City of Sebastian, upon approaching any school bus used in transporting school pupils to or from school, while such bus is stopped upon the roads, streets, or highways of the City of Sebastian, is required to bring such motor vehicle to a full stop before passing such school bus; provided, that said bus is properly identified by beine painted a uniform color as approved by the State Board of Educa- tion, with the words "school bus" on the front and back in black letters at least four inches high. If a stop signal vlhich meets standard re- quirements prescribed by the State Board shall be displayed from the bus, said siGnal shall be due warning to the driver of any approaching vehicle that children may be on the highway and such vehicle slmll not pass the school bus until the signal has been withdrawn. Any person failing to COml)ly with the requirements of this section, or violating any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars or by imprisonment in the county jail not to exceed ninety days. The penalty provisions of this section shall change from time to time to conform with state Statute governing the violation, enumerated in Sub-section one (1) of this section. SECTION 4 - PUNISHMENT OF ASSAULT. Whoever commits a bare assault shall be punished by a fine not exceeding one hundred dollars. SECTION 5 - PUNISHI1ENT OF ASSAtJ-LT AIm BATTEIiY. Vlhoever commits assault and battery shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars. - 2 - ~ e e . SECTION 6 - DISTURBING SCHOOLS AND RELIGIOUS AND OTHER ASSE}ffiLIES. Whoever willfully interrupts or disturbs and school, or any assembly of people, met for the worship of God, or for any lawful purpose, shall be punished by fine not exceeding fifty dOililars, or imprisonment in the county jail not exceeding sixty days. SECTION 7 - DRUNKEN-NESS PROHIBITED: PENALTY. Whoever shall be or become drunk from the coluntary use of intoxicating liquors or drugs shall be punished by a fine of not more than twenty-five dollars, or by imprisonment in the county jail for not more than three months; but no prosecution shall be instituted after six months after the commission of the offense. SECTION 8 POWERS AS TO HOUSES OF ILL FAME AND GAMBLING. The city council may suppress and prohibit all houses of ill fame, lotteries and all games or devices in the nature of lotteries, gambling and gaming houses, and authorize the destruction of all instruments used and all devices used for lotteries or for the purpose of gaming. SECTION 9 EXPOSURE OF SEXUAL ORGANS. It is unlawful for any person to expose or exhibit his sexual organs in any public place or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar and indecent manner, or so to expose or exhibit his person in such place, or to go to or be naked in such place; provided, however, this section shall not be construed to prohibit the exposure of such organs of the person in any place provided or set apart for that purpose. Any person convicted of a violation hereof shall be punished by a fine of not more than one hundred dollars, or by imprisonment for a period of not more than sixty days. SECTION 10 - LARCENY DEFINED: PENALTIES: SUFFICIENCY OF INDICTMENT, INFORI'1ATION OR \{ARHAWr. (1) A person who, vii th intent to deprive or defraud the true owner of his property or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person; - 3 - , . e . (a) Takes from t~e possession of the true owner, or of another person; or obtains from such person possession by color or aid of fraudulent or false representations or pretense, or of any false token or writing; or obtains the signature of any person to a written instrument, the falsemaking whereof would be punishable as forgery; or secretes, with-holds, or appropriates to his own use, or that of any persOn other than the true owner, any money, personal property, goods and chattels, things in action, evidence of debt, contract, or property, or articles of value of any kind; or (b) Having in his possession, custody or control, as a broker, bailee, servant, attorney, agent, employee, clerk, trustee, or officer of any person, association, or corporation, member of co-partnership, pool or joint adventure, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, IJersonal thing or action, goods and chattels, evidence of debt, contract, prOIJerty, or article of value of any kind, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof; or (c) 1:Tnile acting as executor, administrator, committee, guardian, receiver, collector or trustee of any description,appointed by a deed, will, or other instrument or by an order or judgment of a court or officer, secretes, with-holds or otherwise appropriates to his own use, or that of any person other than the true owner, or person entitled thereto, any money, personal property, goods and chattels, thing in action, evidence of debt, contract, property or article of value of any kind, in his possession or custody by virtue of his Office, employment or appointment; steals such property, and the value of the property stolen as mentioned in the preceding sections is less than $100.00, the offender shall be deemed guilty of petit larceny and upon conviction, shall be plll1ished by imprisonment not exceeding six months or by fine not exceeding :;;;300.00. - 4 - ,of' e e . (2) Hereafter it shall be a defense to a prosection for larceny, or for an attempt or for conspiracy to commit the same, as for being accessory thereto, that the purpose for which the owner was induced by color or aid of fraudulent or false pretense, or if any false token or writing, to part with his property or the possession thereof, was illegal, immoral or unworthy. (3) It shall be sufficient for any warrant returned, filed or issued under this section to charge generally that the defendant at the time and in the county specified, did steal the personal property, thing in action, evidence of debt or contract or article of value out of which the Ilrosecution arose, describing the same in general terms and alleging generally the ownership and value thereof. This section shall not be construed as intending to interfere with the power of the court to require the city to furnish the defendant with a bill of particulars in proper cases and on sufficient showing that cause exists the same. SECTION 11 - IN~URING D\ffiLLING HOUSES, SCHOOL HOUSES, CHUnCHES, ETC. Whoever wantonly and maliciously, or wantonly and without cause, destroys, defaces, mars or injures any dwelling house or any school house, church or other building erected or used for the purpose of educational or religious instruction or for the general diffusion of knowledge, or any of the outbuildings, fences, walls, or appurten- ances of such schoolhouse, church or other building or any furniture, apparatus or other property belonging to or connected with such schoolhouse, church or other building, shall be llUnished by imprison- ment not exceeding one year, or by fine not exceeding five hundred dollars. SECTION 12 - TAKING OR USING TErr;"'ORARIJ.JY ANY VEHICLE OR ANINAj~, OF ANCTI-IER '.'!ITHOUT AUTFIORITY. \vhoever willfully, mischievously and without right takes or uses any boat or vehicle, or takes, drives, rides or uses any horse, ass, mule, ox or any other draught animal, the property of another, without the consent of the owner or other person having the legal custody, care or control of the same, shall be punished by iml)risonment not exceed- ing six months, or by fine not exceeding one hundred dollars. - 5 - " . e . Nothing in this section shall be construed as to apply to any case where the taking of the property of another is with intent to steal the same, or when it is taken under a claim or right, or with the presumed consent of the owner or other person having the legal control, care or custody of the same. SECTION 13 - VAGRANTS. Rogues and vagabonds, idle or dissolute persons who go about begging, common gamblers, persons who use juggling, or unlawful games or plays, common pipers or fiddlers, common drunkards, common night walkers, thieves, pilferers, traders in stolen property, leWd, wanton and lascivious persons, keepers of gambling places, common railers and brawlers, persons who neglect their calling or employment, or are without reasonably continuous employment or regular income and who have not sufficient property to sustain them, and misspend what they earn without providing for themselves or the support of their families, persons wandering or strolling around from place to place Hithout any lawful purpose or object, habitual loafers, idle and disorderly persons, persons neglecting all lawful b~1siness and habitually spending their tiLle by frequenting houses of ill fame, gaming houses or ti:,pling shops, persons able to vlOrk but ha bi tually living upon the earn.ings of their wives or minor children, and all able bodied male persons over the age of eighteen years who are without means of support and remain in idleness, shall be deemed vagrants, and upon conviction shall be fined not exceeding two hundred an(~ fifty doililars, or by imprisonment not more than six months. SECTION 14 - CARRYINC COIi'CEALED \TEAPONS. 1Jhoever shall secretly carry arms of any kind on or about his person, or whoever shall have concealed on or about his person any dirk, pistol, metallic knuckles, sling shot, billie or other weapon, except a common pocket knife, shall be punished by imprisonment for not less than three months nor exceeding six months, or by fine not less than one hundred dollars; provided, that nothing in this section shall be considered a.s applying to sl18riffs, deputy sheriffs, city or tOvln ruarslmls, policemen~ constables, or United States marshals or their deputies. - 7 - , , e e . SECTION 15 - PEHALrL'Y :D'OR CARHYING lISTOL OJ:{ HEPEA~rnTG RIFLE '.1El'HOUT PIRST OBTADUNG LICBNSE. Whoever shall carry around with him, or have in his manual possession, in the City of Sebastian, any pistol, winchester rifle or other repeating rifle, without having a license from the county commissioners of the respective counties of this state, shall, upon conviction thereof, be punis~ed by fine not exceeding one hundred dOllars, or imprisonment not exceeding thirty days; provided, this section shall not apply to sheriffs, deputy sheriffs, city or town marshals, policemen, constables or United States marshals or their deputies as to the carrying of qoncealed weapons. SECTION 16. HlnlOPER EXHIBITION OF DANGEROUS ',,!EAI>ONS. If any person having or carrying any dirk, dirk-lcniie, sword, sword-cane, gun, pistol or other deadly weapon, shall in the presence of one or more persons exhibit the same in a rude, careless, angry or threatening manner, not in necessary self-defense, the person so offending shall be punished by imprisonment not exceedinG three months, or by fine not exceeding one hundred dollars. SECTION 17 - DISClIAHGING FIHEARI1:S IN I>U:BLIC. '.Jhoever discharges on any public highway, or in any unincorporated village, within three hundred yards of any premises, any firearms, without per- mission from the occupant of said premises, or in the defense of life, limb or property, shall be punished by imprison;nent not exceeding sixty days, or by fine not exceeding fifty dollars. SEC~2ION 18 - mn<rATURAJ.J AND LASC:LVIOUS ACT. 'ilhoever comIili ts any unnatural and lascivious act with another person shall be p'Lmished by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months. SECTION 19 - OTHER HALICIOUS INJUllY. 'dhoever willfully and ma1- icious1y destroys or injures the personal property of another, in any manner or by any means not l)articularly described in the ordinance of the City of ~)ebastian shall be lmnished by imprisonment not - 7 - e e e exceeding six months, or by fine not exceeding five hundred dollars, (~i;500. DO) but when the value of the property so destroyed or injured is not alleged to exceed the sum of fifteen dollars, the punishment shall be by imprisonment not exceeding thirty days, or by fine not exceeding fifteen dollars. SJi:CrrICJN 20 - rru:IIIJ3IrrING I'E08TI'rUTION, ETC: :r::VID'_ZlfCE, IrSNALCL'IB~:). (1) As used in this section, unless the context clearly requires othervlise: (a )']1he term "prosti tV.tion" shall be construed to include the giving or receiving of the body for sexual intercourse for hire, and shall also be construed to include the GiVing or receiving of the body for licentious sexual intercourse without hire. (b) Irhe term "lewdness" shall be construed to inClude any indecent or obscene act. (c) The term "assignation" shall be constrl_wd to include the maldng of any appointment or engagement for :prostitution or leVldness or any act in furtherance of such appointment or engagement. (d) r~lhe term "1)rostitl,1.tion" as sued in sulJdivision (a) shall be COYl- stured so as to exclude sexual intercourse betl"reen a husband and his Hife. (2) After l~a::r 1, 1~)43, it shall be unlaHful in the Oi t:'/ of '3ebasti~~1.n: (a) rL'o keel';, set HI), Illaintain or operate any :place, structure, build- inC or conv8JElnCe for the IjUrJ:ose of leHc1ness, assignation or prosti- tution. (b) To olfer, or to offer or agree to secure, another for the purpose of prostitution, o:c for any other le\{d or indecent act. (c) To receive, or to offer or agree to receive, any person into any place, structure, building ox' conveyance for the ljurpose of prostitution, leHdness or assignation, or to permit any lierson to remain there for such pur.i)ose. (d) To direct, take or transport, or to offer or agree to take or transport, any rerson to any place, structure or building, or to any other person, with Imowledge or reasonable Cause to believe that the - 8 - . . . purpose of such directing, taking or translJOrting is prostitution, levrdness or assignation. (3) It shall further be unlaHful in the City of Sebastian: (a) To offer to commit,or to cOIlluit, or to encage in, prostitution lewdness or assignation. (b) To solicit, induce, entice or procure another to commit prosti- tution, lewdness or assi2nation with himself or herself. ~) To reside in, enter or remain in any place, structure or building or to enter or re:fl.ain in any conveyance, for the 1'ur1;oSe of prosti- tution, lewdness or assignation. (d) To aid, abet or :participate in the doing of any of the acts or things ennnerated in subsections (2) and (3) of this section. (4) In the trial of any persons charged with the violation of any of the 11rovisions of this section, testimony concerning the reputa- tion of any place, stnlcture, building or conveyance involved in said charge, and of the person or persons who reside in, operate or frequent the same, and of the defendant, shall be admissable in evidence in support of the charge. (5) Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imp risonrrent for not more than six months, or by both such fine and imprisonment. SEC~rIOH 21 - LOTTERY I'ROHIBITED. (1) It shall be unlawful for any person in the City of Sebastian to: (a) Set up, ~romote, or conduct any lottery for money or for anything of value: or (b) DisIJose of any money or other property of any kind Vlhatsoever by means of any lottery; or (c) Conduct any lottery drawing for the distribution of a :prize or prizes by lot or chance, or advertise any such lottery scheme or device in any neHspaper or by circulars, Dosters, Dallll)hlets, radio, telecraph, telG:;;hone, or othervl:Lse; or - 9 - ." I,:"~ ,~~~I#.\, \. ~. . .))......;; " :~..'~ .I . (d) Aid or assist inbhe setting up, promoting~r ~\\ . \ , lottery or lottery drawine, whether by writing, printi~... other manner whatsoever or be interested in or connected'\.l' t;JJ.J.~ '. with any lottery or lottery drawing; or (e) \ Attempt to operate, conduct or advertise any lottery, SCl\. or device; or (f) I-lave in his possession any lottery wheel, implement or dev: whatsoever for conducting any lottery or scheme for the disgosa: lot 0:1.' chance of an;rthinc; of value; or (g) Sell, offes for sale, or transmit, in person or by mail or other IIlannel' Hhatsoevel', nn;:l lottery tic]ce-c;, couron, or share, 0 2ny share in o:c fri;lct:LoJ18l }>art 01' cmy 1otte1':/ ticket, COLuon or :::~11cn>G, 11hether :-:c;uc.h ticket coul,on en' shure reln"osents an interes a live loVGery not 'fot ",la-,.-ec1 01' 1:Thet!:.er it reiJ:cesent:J, oI'lr:w re~resented, an interest in B lottery that has already been )laYE (11) Have in his I!OSS8ssi,.m (;lny latter;)" ticks t, or cmy evidence c ::nlJ :3.:1are or :ei:::J-\t in. ~cln;/ lotter::l ticket, or in any lotter:; sC.hem or dov:~ce, \vhet.".e:c :::mcl~ ticJmt or evidence 01 share or ri[,'ht 1"8':)1" sents an interest in a live lottery not yet played or whether it l'elJresents, or has rejJre::3ented, an interested in 3 lottery tht:\.t ]t already been played; or (i) Aid or ['wsist in the sale, CUsi)Osal or procurement of any lottery ticlcet, coupon or share, or any right to any c1rmr:j~nt; in a lottery; or ( .) J I Have in his iossession any lottery advertisement, circular, .-poster or IJamllhlet, or any list 01' schedule of a.llY 10tte:cy prizes, gifts or drawinGS. (2) Any j)erSOll Hlw is convicted oj? vi olath:ie; 8JIJr of the I)rovisiom: of varagraIilis (a), (b), (c), or (d) of subsection (1) of this section Gha11 be Fi,m:Lched 1.1 j.D1l;risonment in tl18 state .rrison for not les8 than 011e year nor more than five years. (3) An:' l'erson \:1>.0 is co:nv:Lcted of vio18tiJ:,g "my of tllO;;rov:LGlOllS of par:;l{~TaD}ls ~:4 (e), (f), (c;) , Oi' (i) 01' sul):;::ec.t;ion (1) of t.~l:Ls G( -10- - Shan' plUlishe d by imprisorune::"~he c OlUl~y' jail for no~tss than ninety days nor more than one year; provided that any person \1ho, having been convicted of violating any provision thereof, thereafter violates any provision thereof, shall be punished, upon conviction, by imprisonment in the state Drison :for not less than one year nor Hare than five years. (4) Any 11er80n Hho is convicted of violating any o:f the IJrovisions of paragraphs (h) or (j) of subsection (1) of this section shall be IJunished by i"Ull)risomnent in the cO'Lmty ;)ail for not less than ninety days nor more than one year or by fine of not less than one hundred dollars nor more thEm five thousand dollars, or by both such fine and imprisol1uwnt; provided, tlK~t any })erson \1ho, ]It-1ving been corNioted '~ of violatiYlfS :m~l Jlrovision thereof, there8fter violates anycrovision thereof shall be :rmnished uJ)Qn conviction, b;j" iJil,L,rir:>urll'lent in the state ]:i1'180:n for not 10;:]s th<:1.n one yeD,r nor 1'101'8 t}:_an five years, or b'r fine of not less than five hundred dollsrs nor more than five thousand dollars, or by both suc~ fine and imprisonment. SECIL\]~ON 22 - SHOPLIFTIITG: }~X}.;rJII,:.r.I\IOrT li'liCH"= ]?_L~:;,./~~~..':'~ JI~nr{I~~ST. (1) A i)eaSe officer, or a m.erchant, or a merchant' r3 employee who has probable cuase for believing that goods held for sale by the merchant have been mllmlf1'11:;,r taken by a person and that he can recover t'e;n. by taking the l)erson into custody, m::;lY, for the;lurpose of attenDt- ing to effect SUCII I'<?-covery, m::e the person into olJ.stody and deta,in .llin in a rea:'3onable nmmer for D reasonable 1encth of tiIH~. Such GFdcin,::; into c1)~l3tody r,l det()lltion b,,/ a peace offioer, He):'c]lant, or merchDnt' f: em;.1()~ree, sh:3,11 not render fJUC'l .:.01ice, off:LcE:~r, 'lerc)1Clnt or merchcllJ_t' s en~.loyee cri,lin811:/ or o:_villy liable for f,,,lse arrest, false imprisOllJi18Dt, or 1.m.l~--t'.-If1l1 detention. (2) ~'..ny 1,eace o1';:ice1' 1.lay eJ.rrest Hi.thout \larrant mlY person he hss probable cause for believing has cOiQmitted larceny in retail or wholesale establishments. (3) 11. merohant or 8 lllerchan_t' s emJ..lo:yee \lho causes s',wh 8Trest 8S J,rovidod for J.n subsection (1) hereof, of D person for 1E1Tcen;y' of goods [leld for sDle slKi,11 not be cl'L1il1all~r or oi villy liable for -11- .. '.;"\' :. ~ /~ false arrest or false iJTlprisonment Hllere the merchant or merchant I S employee lIas probable cause for believing that the person arrested committed larceny of goods held for sale. S:8CTION 23 - O()jT~C"ST:I'TS AGAlr:::r2 ilUNIOIPAL COTJl1'1'. The IiunicipEll Court may lllU1ish conteIJ.lJts c~.gainst it, 1,{hether such contclil::ts be direct, indirect, or cOl!structi ve, and in any such proceeding the court sh<::1.11 :proceed to heEl,r :::md dete:rmine all questions or lrn,r [1nd fact, but the IJlmish.ll(~nt iJ,l}Josed ell.D11 not ezceec1 one hi.l:Lldrec1 dol1,''lTS :Cine, or ciixt~r dayra irl".risonnent for ec:tCl1 selJ11rate conteDl.,t. ('<-"'cmI(')'~ 04 \.J~,.:.J "~_, 1 ~ (_ - I'~-L\.ICljTG , DR:~~T;:) , ISSUII;I} , E~C. U~~lrI~nn7G, I~TC., 'rOETHH:;S :.:; CIIEOICS , Any })erfJOil \lho, ~.rit.h intent to defraud, fahall aalee, utt,o:;r, drmJ, deliver or ::;ive cm;/ c:leck, draft or l..11'i tten orderl).c.on 811.;/ bank, })crson or cor]:or:;tion, and VIho secures money, :::.l~u:)er"cy, or otheI' thilL[: of vi:llue t',ere:2'or, and H.ho ~TlmlinzlJr s;1:l11 not h~1.ve any 3rran{;ement, understandinG or fu.nds Hi th such bank, rereon or cOI'poraticm, sufficient to neot Or pay the S3~C, and if such check, draft or \ivri tten order be for less than fifty dol'lars, shall be guilty of a miSdemeanor, Einc1 upon conviction thereof shall be Imnished by 8 fine not exceeding five hundred dollars, or i:]llrisol1ment for not more than six months. SECT: ON 25 - rCNC'.HITGLY 11AKnTC~, IS3Ull,"G, ETC., UORTHLBSS CH};CK~:), DRAli'TS: DU'CY OF DHA1:TEE: Evnrc::rrCI,;: ~~~n,":.J:/:~Y . (1) }IUR}'OS~~. r.'he ImTllose of this section is to re;,lecly the evil of giving checks, drafts, bills o:t' eXChanGe and other orders on a banlc wi thout first IJroviding funds in or credit Vii th the deJ)oc3i tory on Hhich the same are made or drawn to I)ay and satisfy the same, which tends to create the circulation of worthless checks, drafts, bills f h '8 ,,,(lather" orders on banl:s, bad banki1"1it, check ki tin&", o exc an[', ElL' ,1 - ."'0 '-> and a mischief to trade and commerce. (2) '.rUETm~:sS:~' GRECKS. It shall be unlaHful for allY person, firm or corporation to draw, make, utter, issue or deliver to another any c118c1\:, draft, or other written order on any banle or de:::wi3i tory for the pClYHent of money or its equivalent, knowing at the ti:;'18 of -12- .. . A - , I the drawinc;, JI1akinc;, utterin{';, j,ssuing or cleliverin{; such check or draft t"8t tJ18 ma};;er or dr8.\1er tllel~e of h~JS not sufficient funds on def10sit in OT credit 'Hi t11 such bank or de)08i tory vri th vrhich to pay the same on presentation; provided, that this section shall not apDly to any check \'ibere the payee or holder knows or has been eXI)ressly 11o-tified :))rior to the drawing or uttering of sarne or has reason to bel:;,eve that the dravier did not have on depositor to his credi t Hi th the drawee sufficient funds to insure };ayment qS afore- said, nor shall this section a1)})ly to any l)Ost-dated check. (3) CJBTAIlTIEG I'T'()T-'IjI{TY Hr I{[::;rrTEU~ l"OH :I'Ii.rC'i:J,T::;;:3S cnSCT::;, :'~'rc. It sh;;tll be lUllavll'ul for any J,)er:,:;on, firm ox' cor::::or~~d;ion to obtcdn any services, coocb, HcJ,reS or other thiles of vci,hlO by :ll?8.nS of a checlc, c1rct:i?.J;; or other vrri ttelJ order ujJon Ftl1J ban>~, 1)e1'sOn, firn or corl:or8t'cm, J;:l101,Iin{: Dt the time of tIle ,iwI:::inc, dl'aHin~;, utterir~;~:, issuinc OJ.' deli verine; of' said check or draft that '(;1'e maJeer t',lere of has not sufficient funds on de~osit in or credit Hitb such bank or de~~josi tory ';lith \1hic11 to .,~my the El(UiW ullon 1,re88Gtc1tiol1,,,,rovided hmlever t::,Dt no criJ;~e l:lOY be; charged in resJ)8ct to the C;ivinC of any Slwh chec1.1\c or draft 01' otl:cer 1.11'i tten 1)1'do1' '\lhere the ::;ayee knovn3 OJ' h~,':s "been ex}xcess1;y notified or has raaSOl1 to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure r:3.yment thereof. (4) 'I'lle "lOrd 11 credi t" as used herein ShEl1l be construed to 1,18"'11 rei.}'} arran[;ec18nt or understanc1inL: with the (lr(1\'1ee for tIle })3.:/nent of such check, draft or other written order. (5) It 8.hn 11 be the; duty of tl'lC c1rD,Vlee o:f c:m:,' check, c11'a:ft, or other v1ri tten order, before refusinc to ,Lla;'{ the 83.1110 t;o t'18 JlOlc1er thc:l'eof lX})On pre;3entc1,tion, to C21USC to be H1'i tten, "rill ted, or stani)ec1 in. ,plain 1angu~~Ge t' 8reon or u ttD.c.bed tereto, t:18 re::I,son ,;~'or drmree' f3 dishonox' or l'ef'~'lsal to })(:JY SC:IHe. In :::;;11 ::)l'OS(;C tior:.c! undel' tiJi;3 section, the illtroduction in evidence of o.ny l...1Ylj.nid Cll1d dishonored cl1ecJ:~, drc1ft OJ:' C"l;{i.o::' Hri ttefl orden', Imvin(_:' t:l0 draHee I r.~ ref,u:lal to ,.., Q \T co' t Q .",.; '.'. "(" (" 'i" "r"i.J- -1- ('"', -I- 1, '.C> "1'(:' 0'1 () -, 'c t t "I C ~ 10 (1 l/~("u 1-.,.,) Cl.l.J...i"".." l ..J~ o. ~ b J,.~J",. V.~,yt.,., . ,_J. " __L 1_..) 1"." - .,~)., 'j;llc;;:eeto, 'lith. t~JO rC<IS0i1 -13- , I ""'.'.. . ' . . . ~ therefor as aforesaid, shall be l;rim.a facie evidence of the making or uttering of said check, draft, or other Hritten order, and the due presentation to the drawee for payment and the dishonor thereof, t ~ ~. r !; , ! ~ " and that the same ~as properly dishonored for the reasons Hritten, stamped or attached by the draHee on such dishonored checks, draft, or other written orders; and, as against the maker or drawer thereof, the withdrawing from deposit with the draHee named in the check, draft or other written order, the funds on deposit with such drawee necessary to insure payment of said check, draft or other Hritten order upon presentation within a reasonable time after negotiation; ~ ( ,- ~ or the drawing, making, uttering or delivering of a check, draft ~ i r. i' ~. h r or written order, payment of which is refused by the drawee, shall be prima facie evidence of lmowledge of insufficient funds in or credit with such drawee; provided, however, if it is determined at the trial in a prosecution hereunder, that the payee of any such f f' r k f ~ f , check, draft or written order at the time of accepting such check, draft or written order, had knowledge of or reason to believe that the drawee of such check, draft or written order did not have sufficient funds on deposit in or credit with such payee bank, then the payee instituting such criminal prosecution shall be assessed all costs , [. ( ~. ,.. t. t. ~- ~ l ~- I r' ~.' i r ~. , ~ ~, of court incurred in connection with such prosecution. (6) PENALTY. (a) Any person violating the provisions of this section shall be punished by a fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or both. (b) Payment of a dishonored check, draft, bill of exchange or other orders shall not constitute a defense or ground for dismissal of charges brought under this sectioh. SECTION 26 - DISORDERLY CONDUCT: DISTURBANCES OF TEE PEACE. ~ ~ I No person within the corporate limits of the City of Sebastian shall engage in disorderly conduct or in disturbance of the peace. "Disorderly conduct" is herein defined as any threatening, violence, riotous or disorderly conduct or the use of profane, abusive, , , [, l ,- r, t. [ if; r obscene language, or the making of any noise or the doing of any I ~ t " ~ [ r -14- , '.' . . - f!' '. ;,. 'l,. .' ;." '. ','-:" ,,:" ''; , ~:~"":,,:'::;:~~~:~ "y any act, willfully, \-lhereby the peace or quiet of another or of others is or l1lay be disturbed or Hh:i.ch tends to be a breach of the peace. "Disturbance of the peace" is defined ~s the willful disturbance of the peace or quiet of a neichborhodd, family or l:jerson bJ loud, unusual, or 1.)11neCe ssnry 110ise or lJ;/ tU.l1lul tuous or offensive conduct or quarrelin(: o:c fi,;htinc; or u-tterinc,:, any violent, abusive, tl.u'8a.ten- inc: or obscene \wrds or lancua:..:;e. ":,'17'0.f1\--LC'l.J ?7 - ^ -11 o""l'le.~ -"'nX-"'lel' 01'(11' na"'ces 1"11. con-.L"ll' ct "r~t11 th;s u,uv.... J.. '-- .-:1.__ v.. ,L ..L.. ,I, <.- U v ...L .... ordinance :.')1'e here l)y TepeaJ.ed, hm'lever, any orc1inc::\Jlce Wll.ich does not directl~r cO:i.lflic't; Hith any l)rovisions of "chis ordinance dealing with misdel~ennors a~2iilst the City of Sebastian arc not repealed by this ordinance. SECTION 28 - l~}on its passage this ordinance shall become effective and enforceable on and after the 20th day of 1,--.:::(, ,.,. :).) j. October ~- ~~- -H- .,"- -x- rK ,'<- ~x. ,;1- I"~ " -x- -)(- .x- -x. ,I(- ''" -x- .x. .X- ,x- -j,. " .y, -x- -x- -x- * -x. -i(- -x- x * -r,. I hereby certify that the foregoinG ordinance Has passed by the City Council on the October lqr'"9 ~) . 20 day of fV.CTEST : Presiclen1;~ ( '''',' d \ ~lL'ne L Joe .', j~ . '.1ar1'en City Clerk ~:o: TIle TIc({or of the City of 3e basti::l11, Plorido J hereby cCl"bify that the forecoing ordinance was duly passed by 'che City Council on the 20 day of October 1959. (,-.." d' ;J1(fne ) Joe E. 'Jarren Oi ty Cler};: rrhe forc{;oilj,C: ol'dinance 8.},)')roved by m.p this day of l~~:i r~~) . ,..,'-----,~---"','...,.._-_.- liayor -15-