HomeMy WebLinkAboutCHAPTER #213 CHAPTER NO.
ORDiNANCe, NO.
AN ORDINANCE PROVIDING FOR THE TEMPORARY QUESTIONING
OF PERSONS IN PUBLIC PLACES; DANGEROUS WEAPONS
SEARCH; AND PROVIDING A PENALTY FOR VIOLATION.
WHEREAS, numerous jurisdictions throughout the United
States in. an effort to cope with the increase in crime, have en-
acted measures to provide police officers workable rules to meet
the practical demands of effective criminal investigation and
law enforcement; and
WHEREAS, the City Council of the City of Sebastian,
Florida, is concerned about increasing crime rate and the need
for enacting legislation to assist police officers in the execu-
tion of their duties and in detecting and preventing crime with-
in the city; and
WHEREAS, numerous court decisions hold that a "threshold
inquiry" is not an arrest and a police officer, at the time
making such a general investigatory inquiry, may act reasonably
to assure that the inquiry can proceed in a manner consistent
with the officer's safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, HEREBY ORDAINS:
(1) Any police officer of the City of Sebastian may, at
any time, stop any person being in a public place in said city,
whom such police officer has probable cause to believe may be
committing, may have committed, or is about to commit a felony,
and such police officer may demand of such person his or her name,
address, and an explanation of his or her actions.
(2) When any police officer of the City of Sebastian has
stopped any person or persons for questioning pursuant to this
section and when such police officer has probable cause to believe
L. lB. VO(~ELLE · ATTORNEY AT LAX~ · 2140 l0TM AVENUE · VERO BE.~kOH, FLOI~IDA
he is in danger of life or limb, from such person or persons,
such police officer may search such person or persons in order
to ascertain whether or not such person or persons has on his
or her person, a dangerous weapon. If such police officer finds
such a weapon upon the person of such person or persons so
searched, the possession of which may constitute a crime, such
police officer may take and keep such weapon or weapons until
the completion of such questioning, but, after such questioning
has been completed, such police officer shall, if he ascertains
that such weapon or weapons is lawfully possessed by such
person or persons, thereupon return such weapon or weapons to
such person or persons, or if such police officer determines that
such weapon or weapons is not lawfully possessed, he may arrest
such person or persons for such violation, or other violations
of which such police officer may have cause to believe that such
person or persons may have committed.
(3) Any person violating any of the provisions of this
Ordinance shall, upon conviction thereof, be punished by imprison-
ment not exceeding six months, or by fine not exceeding $500.00,
or by both.
(4) Ail ordinances, or parts of ordinances, in conflict
herewith or inconsistent with the provisions of this ordinance,
are hereby repealed.
I HEREBY CERTIFY that the foregoing Ordinance was finally
passed by the City Council of the City of Sebastian, Florida, on
the/~T/k'day of /~/~/Z~- , 1969.
President, City Councll
ATTEST:
L, B, VOOELLE · ATTOlV2qEY AT L~W' · 2140 ]O
of
The foregoing Ordinance approved by me this /~/~/P~ day
Ma~o~'
City of Sebastia~__.,n,~Florida
I HEREBY CERTIFY that I posted a true copy of the fore-
going Ordinance on the bulletin board of the City Hall of the
City of Sebastian, Florida, after passage of said ordinance on
first reading and at least five days before the passage of said
ordinance on second reading, and I posted a true copy of said
ordinance on the bulletin board of the City Hall after final
passage.
Clerk
L. B. VOCELLE · ATTORNEY AT IAW · 2140 10?" AVENUE · VERO BEACH, FLORIDA