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HomeMy WebLinkAboutO-80-16ORD I NANCE NO. O -- 8 D --/~ AN ORDINANCE CREATING SECTION 17-5 AND 17-6 OF TIlE CODE OF ORDINANCES PROHIBITING DISORDERLY CONDUCT, INCLUDING VIOLENT AND TUMUI,TUOUS COND~JCT, FIGHTING, INTOXICATION, INCITING RIOT, USING ABUSIVE AND OBSCENE LANGUAGE, DAMAGING PUBLIC PROPERTY, DISTURBING THE PUBLIC PEACE AND FALLING TO DISPERSE; PROVIDING EXEMP'I'IONS; PROIIiBITING OBSTRUCTING POLICE OFFICERS;AND PROVIDING PENALTIES FOR VIOLATION OF SUCH ORDINANCE. WHEREAS, the creation of this ordinance would further the duty of this Council to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, convenience and welfare of the inhabitants of the Ci. ty, as conferred in the City Charter, by cl. early defined ordinance stating conduct which is prohibited .in terms which can be understood by the average citizen md is susceptible of enforcement by the law enforcement officials of this City; NOW, TilEREFORE, TIlE CITY COtJNCIL OF THE CITY OF SEBASTIAN, FLORIDA, HEREBY ORDAINS AS FOLLOWS: SECTION I. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a new Section to be numbered 17-5, wh.ich said section reads as follows: "Sec. 17-5. DISORDERLY CONI)UCT PROHIBITED. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if the conduct of said person is l~ikel, y to cause public danger, alarm, disorder or nuisance, said person wilfully does any of the following acts in a public place, within the corporate limits of the City: (a) Commits an act in a violent and tumultuous manner toward another whereby the other person is pIaced in danager of his life, limb or health; (b) Commits an act in a violent and tumultuous manner toward another whereby the property of any person Js placed in danger of being destroyed or damaged; ('c) Causes, provokes or engages in any fight, brawl or r:totous conduct so as to endanger the life, 1. imb, health or property o£ another; (d) Interferes by acts of violence with the pursuit of a lawful occupation by another; Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the City Police or other lawful authority known to be such; (f) (g) Is in a public place under the influence of a controlled substance as defined in Chapter 893, Florida Statutes, as presently constituted or as subsequently revised or amended, and in such cond:ition as to be unable to exercise care for his own safety or to the safety of others; Incites, attempts to incide, or is involved in attempting to incite a riot; (h) Addresses abusive or obscene language or threats or makes an obscene gesture to any member of the City Police Department, any other authorized official of the City who is engaged in the lawful performance of his duties, or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not included herein; (i) Damages, befouls, or disturbs public property or the property of another so as to create hazardous, unhealthy or physically offensive conditions; (j) Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other person nearby or near to any public highway, road, street, lane, alley, park, square or com~non, whereby the public peace zs broken or disturbed, or the travel:ing public annoyed; (k) Fails to obey a lawful order of a police officer to disperse when said police officer is known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened; Sec. 17-5.1 DEFINITIONS. (a) PUBi, IC PLACE shall mean any place to which the general public has access and a right to 'resort for business, entertainment, or other lawful pur- pose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate areas of any store, shop, restaurant, tavern, or other place of business and also public grounds, areas, or parks. RIOT shall mean a public disturbance involving: (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual, or, (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where 'the performance of the threatened act or acts of violence would constitute a clea'r and present danger of, or would result in, damage or injury to the property of any other pe'rson or to tile person or any other individual. INCITE A RIOT shall mean, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts. Sec. 17~5.2 EXEMPTIONS. 2'his ordinance shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws. Sec . 17-5.3 PENAI, TIES. Any person who violates any of the provisions of this ordinance shall, upon conviction thereof, be punished, as provided in Section 1-10 of the Code of Ordinances of said City. SECTION ii. That the Code of Ordinances, City of Sebastian, Florida, is horeby amended by adding a new Section to be numbered 1_7-6 which said Section reads as follows: Sec. 17-6. OBSTRUCTING OFFICERS PROHIBITED. A person shall be guilty of obstructing an officer if he wilfully obstructs, interferes or resists the performance of duties by City Police or any other authorized official of the City, when known to be such an official, within the corporate limits of the City. Sec. 17-6.1. PENALTY. Any person who violates any of the provisions of this ordinance shall upon con- viction thereof, be punished as provided in Section 1-10 of the Code of Ordinances of said City. SECTION III. All ordinances or parts of ordinances in conflict herewith be, and the same are expressly repealed. SECTION IV. In any section, subsection, clause, sentence, or phrase of this ordinance is for ally reason held unconstitutional or invalid, this shall not affect the validity of constitution- al2ty of any of the remaining portions of this ordinance. SECTION V. This Ordinance shall take effect immediately upon becoming law. I HEREBY CERTIFY that the foregoing ordinance was finally passed by the City Council on the_ //~ day of , ATTEST: ~c~fng ~ity Clerk I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Chapter 166.041 of the Florida Statutes, on ~~ ~. /~, in the Vero Press Journal, a newspaPe~~neral ~r~uiation i~ the City of Sebastian, Florida, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at 7:00 P.M. on_ ~~-~./~_, and that said Ordinance was passed on Second.nd Final reading was adopted by the City Council of the City of Sebastian, Florida, on (S E A L)