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HomeMy WebLinkAboutOrdinance 42 Criminal Code II I. ! I . I I -I ~ ORDINANCE NO. ~ AN ORDINANCE OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, ENTITLED .. CRIMINAL CODE OF NORTH ORLANDO, FLORIDA, rr AND CREATING THE CRIMINAL CODE OF NORTH ORLANDO, FLORIDAi PENALTY PROVISIONi CONFLICTSi AND EFFECTIVE DATE OF PASSAGE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: CHAPTER ONE - TITLEi PENALTYi GENDER Section 1-1: Title - The title of this Ordinance shall be the Criminal Code of the Village of North Orlando. Section 1-2: General Penalty - Continuing violations - Whenever in this Code or in any Ordinance of the village, any act r-. r-. N ('l <( o D2 o ..J 11. ci 0:: o 11. Z <( Ul i Ul o f- Z U :;: ell Ul :> <( o :E o 0:: f- Ul Z I1J f- Ul I is prohibited or is made or declared to be unlawful, or an offense or whenever in such Code or Ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any Ordinance, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) 0 imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment at the discretion of the village Judge. Each day any violation of any provision of this Code or of any Ordinance shall continue shall constitute a separate offense. Section 1-3: Gender - In all cases where used in this Code, the masculine gender shall include the feminine gender and the singular shall include the plural. CHAPTER TWO - OFFENSESi MISCELLANEOUS 'I II Ii abandoned personal property within the corporate limits of the village; and if the owner of same cannot be located after diligen search of not less than sixty (60) days, the village shall be authorized to sell same at quarterly sales held for such purpose at the Village Hall following Notice of Intent to Sell given in three (3) public places in the village. If the owner of the abandoned personal property can be found, such property shall be released to him upon the payment of the reasonable costs of such search and inquiry. Section 2-2: AIfrays and Riots Generally - All persons guilty of an affray or riot shall be punished as provided in Section 1-2 of this Code. Section 2-3: Assault and Battery - It shall be unlaw- ful for any person to commit assault or assault and battery upon another person in the village. Section 2-4: Assault with a Deadly Weapon - It shall be unlawful for any person to assault another person with a deadly weapon in the village. Section 2-5: Begging - It shall be unlawful for any person in the streets or public places of the village to beg or solicit gifts or money or to exhibit his person for the purpose of obtaining gifts or money. Section 2-6: Bicycles; Stealing or Destroying - It shall be unlawful for any person to steal or attempt to steal, to destroy or attempt to destroy, to mutilate or attempt to mutilate a bicyle or any part thereof, that is the property of another. Section 2-7: Curfew - It shall be unlawful for any -2- , II I I person under the age of sixteen (16) to rema.in or be found upon the streets, avenues, alleys, public ways or parks of the village after 11 p.m. unless accompanied by his parent, guardian or a member of his family over the age of twenty-one (21). It shall be unlawful for any parent or guardian of any person under six- teen (16) years of age to knowledgely permit such person to remain or be found upon the above-described public premises after 11 p.m. unless accompanied by either himself or by a member of his family over the age of twenty-one (21). Section 2-8: Dance Halls - It shall be unlawful for any person to operate for profit in the village any place wherein dancing is engaged, without a permit for such activity being first obtained from the Village Council. Section 2-9: Dance Halls; Orderly Conduct thereof _ It shall be unlawful for any owner or lawful operator of a dance hall to allow or permit disorderly conduct within such premises. Section 2-10: Disorderly Conduct - Any person endan- gering or disturbing the public peace or violating public decency by using any abusive, obscene or profane language, or making any threats of violence to or against any other person or by being noisy and disorderly in or upon any street or other public place in disturbance of the public tranquility shall be punished as provided in Section 1-2 of this Code. Section 2-11: Disorderly Places; Generally - Any owner or keeper of any public or private house, who shall allow or permit any persons who may resort to their houses by day or night to disturb the peace of the community, shall be adjudged in violation of this Code. -3- II II !I II _,I Section 2-12: Disorderly Places; Inmates of Disorderly Houses - It shall be unlawful for any person to be an inmate of a disorderly house within the corporate limits of the village. Section 2-13: Disturbing Lawful Assembly - It shall be unlawful for any person to disturb or willfully interrupt any lawful assembly of people within the village. Section 2-14: Drunkenness - It shall be unlawful for any person to become drunk or to be drunk or intoxicated by the voluntary use of intoxicating liquors or beverages. Section 2-15: Use of Narcotics - It shall be unlawful for any person to use narcotics within the villages unless such use is at the direction of a licensed physician. Section 2-16: Improper Exposure of Person - It shall be unlawful for any person to make an indecent exposure or exhibit of his sexual organs in any street or public place or on the private premises of another or so near thereto as to be seen from the public or private premises of another. Section 2-17: False Alarm or Fire - It shall be unlaw- ful for any person without reasonable cause, by outcry or the ringing of bells, or by turning in through the fire alarm boxes, or otherwise, to make or circulate or cause to be made or circu- lated, a false alarm of fire. Section 2-18: Gambling; Generally - It shall be unlaw- ful for any person to engage in any game of cards, keno, roulette, afro or other fame of chance at any place in the village by any device whatever, for money or other thing of value, or to sell, offer to sell, or possess any ticket, coupon, share, paper, symbol or device of any kind, which had, at any time of its sale, -4- or offer of sale, a value in money or property of any kind, to be determined by chance. Section 2-19: Gambling, Keeping Gambling House or Gambling Apparatus - It shall be unlawful for any person or his agent to keep, exercise or maintain a gambling table or room or gaming implement or apparatus or house, booth, tent or other place for the purpose of gaming, or gambling, or in any place of which he may directly or indirectly have charge, control or management, to procure, suffer or permit any person to play for money or other valuable thing at any game whatever. Section 2-20: Gambling; Frequenting Gambling House - It shall be unlawful to frequent any gambling or gaming house. Section 2-21: Gambling; Possession of Lottery Tickets - It shall be unlawful for any person to have in his possession in the village any ticket, share or coupon in any lottery for money or other thing of value. Section 2-22: Gambling; Sale of Lottery Tickets - It shall be unlawful for any person to sell in the village any ticket, share or coupon in any lottery for money or other thing of value. Section 2-23: Gambling; Authority of Police to Enter Gambling Houses - Any policeman having good reason to believe that gambling is being carried on in any house or other place, may enter the same forcibly, after obtaining a written warrant, and may arrest any person violating the provisions of Sections 2-18, 2-19, 2-20, 2-21 or 2-22 hereof. Section 2-24: Gambling; Disposition of Gambling Apparatus - The chief of police, when any of the implements, -5- II I II !/ I devices or apparatus commonly used for gambling purposes, are found in any house or other place used for the purpose of gaming, shall seize the same and hold the same for use as evidence in the trial of the person in whose possession the same are found and charged with keeping a gambling house or gambling apparatus. Upon conviction of such person, the village judge shall order such gambling apparatus destroyed or otherwise disposed of by the chief of police. Section 2-25: Iceboxes and Refrigerators; Leaving Abandoned, Unattended or Discarded in Places Accessible to Children - It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children or others under disability, any abandoned, unattended or discarded icebox, refrigerator or~her container which has a door or lid equipped with snaplock or other locking device which may not be released from the inside, without first removing such door or lid, snap lock or other locking device from such ice- box, refrigerator or container. -:I.t4 D ~ C~N~ Section 2-26: Indency - It shall be unlawful for any person within the corporate limits of the village to exhibit, sell or offer to sell pornographic book, picture or other thing; or to exhibit or perform any lewd play or other representation; or to be guilty in any way of indecent and lewd behavior. Section 2-27: Loud and Unnecessary Noise; Prohibited - It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or disturbing noise -6- which either annoys, disturbs, injures or endangers the confort, repose, health, peace or safety of others within the corporate limits of the village. Section 2-28: Loud and Unnecessary Noise; Enumerated - Except as otherwise provided in this Section, the following acts among others are declared to be loud, disturbing and unnecessary noises in violation of the preceding Section, but such enumera- tion shall not be deemed to be exclusive; namely: Horns, signaling devices, et cetera. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the village, except as a danger warning, the creation of any unreasonably loud or harsh sound by means of any such signaling device and the sound- ing of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity, the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up. Radios, phonographs, et cetera. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machihe or device for the producing or reproducing of sound in any such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who lS a voluntary listener thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of -7- - I .1 I 11 p.m. and 7 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this Section. Sound trucks. No sound truck or other device or medium for amplifying sound shall be operated or permitted to operate within the village for advertising purposes or to attract the attention of the public, where the sound therefrom is transmitted from, to, in or over any public thoroughfare, park, or other public place. This Section shall not prohibit the use of such sound amplification for disseminating religious or political messages, or information concerning civic, recreational and other matters of general public interest; provided permission for same be otained from the chief of police, who is hereby authorized, directed and empowered to make and enforce reasonable rules as to such use with reference to time, place and volume. Yelling, shouting, et cetera. Yelling, shouting, hoot- ing, whistling or singing on the public streets, particularly between the hours of 11 p.m. and 7 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence of any persons in the vicinity. Animals and birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. Steam ~istles. The blowing of any train whistle or steam Whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire -8- - or danger or upon request of proper village authorities. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of boxes, crates and containers. Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7 a.m. and 6 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency 'continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6 p.m. and 7 a.m., and if he shall further determine that loss of inconvenience would result to any party in interest, -9- he may grant permission for such work to be done within the hours of 6 p.m. and 7 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, insti- tution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institution, or which disturbs or unduly annoys patients in the hospital; provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. Hawkers, peddlers, et cetera. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood. Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting atten- tion by creation of noises to any performance, show or sale. Transportation of metal rails, et cetera. The trans- portation of rails, pillars or columns of iron, steal or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places. pile drivers, hammers, et cetera. The operation between the hours of 10 p.m. and 7 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, dredge, or other appliance, the use of which is attended by loud or unusual n01.se. -10- Blowers. The operation of any noise-creating blower or power fan or any. internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. The provisions of this and the preceding Section shall not be enforced unless a complaint is submitted by a citizen to the police department nor be construed to prohibit music being made upon streets or sidewalks by brass bands or other bands nor to prohibit religious organizations from conducting reasonable services. Section 2-29: Officers; Obstructinq or Opposinq - It shall be unlawful for any person to obstruct, interfere or oppose any officer of this village, or legally authorized person, in the execution of legal process, or in the lawful execution of any legal duty. Section 2-30: Petit Larceny - It shall be unlawful for any person to commit or attempt to commit within the corpo- rate limits of the village, petit larceny by stealing or attempt- ing to steal the property of another, any money, goods or chattel, or any bank notes, bonds, promissory notes, bill of exchange or other bill, order or certificate, or any book of account for or concerning money or goods due or to become due, or to be delivered, or any deed of writing containing a conveyance of land, or any other valuable contract in force, or any writ, process or: public record, if the property stolen or attempted to be stolen is of the value of One Hundred Dollars ($100.00) or less. -11- Section 2-31: Policemen; Right to Summon Aid to Making Arrest - The chief of police, or any police officer of the village shall have the power in making the arrest of any person for vio- lating any of the Ordinances of the village, where such person refuses to submit to arrest, to summon to his aid in making such arrest a posse of the citizens of the village, consisting of a sufficient number to enforce the law; and it shall be unlawful for any citizen, except person physically incapacitated, to fail or refuse promptly to respond to this summons of the chief of police or other police officer. Section 2-32: Prisoners; Escape - It shall be unlawful for any prisoner in the village jailor on a work gang or in the custody of a policeman or guard, to escape or attempt to escape therefrom. Section 2-33: Prisoners; Aiding in Escape - It shall be unlawful for any person to aid or assist a prisoner in escaping or attempting to escape from an officer of the village or the person who has lawful custody of such prisoner, or from the jailor other place of confinement. Section 2-34: Property; Injuring, Defacing or Destroying - No person shall either negligently or willfully and maliciously injure, deface or destroy within the village any pro- perty of another, either real, personal or mixed, public or private. Section 2-35: Property; Taking or Using Temporarily without Authority Whoever willfully, mischievously and without right takes or uses any property of another, without the consent of the other person having the legal custody, care of or control -12- ~ of same, shall be punished as provided in Section 1-2 of this Code. 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 2-36: Prostitution; Commission, Aiding and Abetting Unlawful - It shall be unlawful for any person to commit any act of prostitution, or to aid or abet others in the commis- sion of any act of prostitution. Section 2-37: Prostitution; Definition of Aiding and Abetting - Any person who takes another to a place where prosti- tutes can be found, or gives out or offers to give out any infor- mation as to a place where prostitutes may be found, shall be guilty of aiding and abetting others in the commission of prosti- tution. Section 2-38: Prostitution; Owner, et cetera - Permit- ting on his Property - It shall be unlawful for any owner, lessee, or other person having charge of any property in the village knowingly to permit any act of prostitution to be committed on such property. Proof that any property has been used for the pur- pose of prostitution for a period of sixty (60) days or longer shall be prima facie proof of the fact that such use was with the knowledge of the owner, lessee, or other person having charge of such property. Any building or other property that is found to have been used for the purpose of prostitution with the knowledge of the owner, lessee, or other person having charge of such -13- property, may be closed and padlocked by order of the village judge for a periodnot exceeding six (6) months~ and it shall be unlawful for any person to enter such building or other property while it is closed and padlocked. Section 2-39: Prostitution~ Taxi Drivers - If any taxi driver is found guilty of violating any of the provisions of Section 2-37, the identification card of such person to drive a taxi in the village may be suspended for any period, or perma- nently revoked, by order of the village judge. Such suspension or revocation is in addition to the other punishment provided in this Code. Section 2-40: Prostitution~ Frequenting Houses of III Fame - It shall be unlawful for any person to frequent any house of ill fame within the corporate limits of the village. Section 2-41: Prostitution~ Inmates of Houses of Prostitution - It shall be unlawful for any person to be an inmate of a house of prostitution within the corporate limits of the village. Section 2-42: Rummage sales~ Licenses Required~ Fee - No sale of goods, wares or merchandise commonly known as a "rummage salell shall be conducted prior to the obtaining of a permit or license for such purpose and the payment of a permit or license fee therefor. Section 2-43: Shade Trees~ Cuttinq, Iniurinq, et cetera - It shall be unlawful for any person to cut down, cut, bruise or otherwise injure any municipally owned shade tree within the corporate limits of the village. Section 2-44: Spitting, et cetera, upon Sidewalks and -14- other Public Places - It shall be unlawful for any person to spit or throw hulls, 'peelings or other litter upon the streets, side- walks ,or upon the floors of churches, public halls, theatres, or other public places. Section 2-45: Stolen Property; Buying, Receiving or Concealing - It shall be unlawful for any person in the village to buy, receive, possess or conceal any stolen property or aid in the concealment of any such property, knowing the same to have been stolen. Section 2-46: Summonses and Notices; Failure to Obey - It shall be unlawful for any 'person to willfully disregard or fail to obey any notice or summons lawfully served upon such per- son by any police officer of the village. Section 2-47: Tampering with Scales - It shall be unlawful for any person to tamper with or adjust any scale for the purpose of weighing commodities for sale in the village, so as to make the same weight less than sixteen (16) ounces to the pound. Section 2-48: Throwing Stones, Missiles, et cetera - It shall be unlawful for any person to throw any stone or any other missile on any of the streets or any other public places within the corporate limits of the village. Section 2-49: Trailers; To be parked only in Trailer parks; Exceptions - All automobile trailers occupied by human beings for living quarters in the village shall be parked in a regularly licensed trailer park or areas appropriately zoned for trailers; provided that such automobile trailers may be parked elsewhere for a period of not longer than three (3) weeks upon -15- / ...... the owner or party desiring to so occupy the same obtaining from the village council a permit for such three (3) weeksf parking. Section 2-50: Transient or Itinerant Solicitors Generally; Permits Required - It shall be unlawful for any transient or itinerant solicitor to solicit orders for goods, wares, merchancise, newspapers, magazines, or periodicals or any other matter, without first obtaining a written permit from the village clerk. Section 2-51: Transient or Itinerant Solicitors Generally; Permits Required; Prerequisite to Issuance - The villag clerk is hereby authorized to issue a permit to any person or individual, upon proper application, to solicit orders from the citizens of the village but only upon exhibition to him of pro- per credentials. Section 2-52: Trespass - It shall be unlawful for any person to commit any trespass upon the property of another with a malicious or mischievous intent within the corporate limits of the village. Section 2-53: Unlawful Assemblies, Riots, et cetera; Duty of Chief of Police, et cetera, to Disperse - Three (3) or more persons meeting together to commit a breach of the peace or to do any other unlawful act shall be guilty of unlawful assembly within the purview of this Code. If any number of persons, whether armed or not, are unlawfully, riotously or tumultuously assembled in the village, it shall be the duty of the chief of police or any member of the police department to go among the persons so assembled, or as near to them as may be with safety, and in the name of the village -16- to command all the persons so assembled immediately and peaceably to disperse. If such persons do not immediately and peaceably disperse, it shall be the duty of such officers to command the assistance of all persons in seizing, arresting and securing such persons in custody. If any person present, being so commanded to aid and assist in seizing such rioters or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or when required by such officers to depart from the place, refuses and neglects to do so, he shall be deemed one of the rioters, or persons unlawfully assembled. Section 2-54: Vaqrants - Persons in the village who neglect their calling or employment, or are without reasonably continuous employment or regular income and who have not suffi- cient property to sustain them, persons wandering or strolling around from place to place without any lawful purpose or object, habitual loafers, idle and disorderly persons, persons neglecting all lawful business and all able-bodied persons who are without means of support and remain in idleness, shall be deemed vagrants and guilty of the offense of vagrancy and shall be punished as provided in this Code. Section 2-55: Weapons; Discharging or Brandishing Firearms - It shall be unlawful for any person to fire a gun or a pistol in any street, lot, public square or other place within the limits of the village, unless authorized to do so by the chief of police orother police officer, or to brandish in a menacing or threatening manner a gun or pistol in any of the above places in the village. -17- -. Section 2-56: Weapons; Carrying Concealed - It shall be unlawful for any person to secretly carry arms of any kind, on or about his person, or to have concealed on or about his person any deadly weapon. Section 2-57: Weapons; Carrying, et cetera, in Public Places - It shall be unlawful for any person to carry about any dangerous weapon on his person or in his manual possession in any public place within the corporate limits of the village; provided, that this Section shall not apply to any person authorized by law or by the chief of police to carry about or possess suchw=apons. Section 2-58: Weapons; Placing in Possession of Minor, Habitual Drunka.rd, et cetera - No person shall sell, give, lend or otherwise place in the possession of any minor or habitual drunkard, any pistol, revolver, or any other dangerous weapon. Section 2-59: Weapons; Use of Airguns, Slingshots, et cetera - It shall be unlawful for any person under the age of twenty-one (21) years to use or shoot any airgun, slingshot or slungshot within the corporate limits of the village, unless done under supervision of a responsible adult. CHAPTER THREE - CONFLICTS That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. CHAPTER FOUR - EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage and adoption. READ FIRST READING this A.D. 1967. READ SECOND READING this A.D. 1967. '3 7 day of -~L 1/ , f\ /____ day of 1,ttEi-U15 J , -18- I I . . PASSED AND ADOPTED this A.D. 1967. 1!!:: day of 1hC:;:;tl~;r ~ ,~ .:7~~ Mayor ~L .. Village Clerk -19-