§ 20-61. Reckless endangerment, voyeurism and harassment through the use of untethered objects.

(a)

For purposes of this section, the term "untethered object" means an object outside the grasp of the human hand and includes but is not limited to toys, remote controlled devices, and other remotely guided objects (via electronic or any other form of remote guidance).

(b)

The operation or manipulation of any untethered object in a manner that constitutes reckless endangerment is prohibited. For purposes of this section a person commits the offense of "reckless endangerment" when he or she acts with willful and wanton disregard for the safety of persons and property.

(c)

The operation or manipulation of any untethered object in a manner that constitutes voyeurism is prohibited. For purposes of this section a person commits the offense of "voyeurism" when he or she, with lewd, lascivious, or indecent intent:

(1)

Secretly observes another person located in a dwelling, upon the grounds of the observed person's homestead or residence, or within a structure or conveyance or such location in which the observed person has a reasonable expectation of privacy.

(d)

The operation or of any untethered object in a manner that constitutes harassment of another person is prohibited. For purposes of this section a person commits the offense of "harassment" when he or she engages in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no reasonable, legitimate legally permitted purpose in the eyes of the observing police officer or other authorized law enforcement official. "Course of conduct" means a pattern of conduct, however short and intermittent, which evidences a continuity of purpose. The term does not include constitutionally protected activity. The prohibitions contained in this section shall not apply to persons properly and professionally operating equipment for the sole purpose of government authorized construction or mapping within dedicated rights-of-way or easements.

(e)

The prohibitions set forth in this section apply regardless of the size of the untethered object, or whether the untethered object is being used for commercial, noncommercial or recreational purposes.

(f)

Any person who violates any of the provisions of this section shall be subject to a fine of $500.00 or may be sentenced to a definite term of imprisonment not to exceed 60 days. An object may be seized whenever a Police Officer has probable cause to believe that the object was used in a manner constituting a violation of this section. The owner of the offending untethered object may seek its return by requesting an administrative hearing through the City Clerk by 5:00 p.m. on the fifth business day following the seizure and paying an administrative fee of $50.00. Such hearing shall be held within five business days of the POD's receipt of the hearing request, and at said hearing the hearing master shall determine if there was probable cause under the ordinance to seize and impound the untethered object. The burden of proving probable cause is upon the POD. It shall be a defense that the untethered object was stolen or that it was under the control of a person other than the untethered object's owner and the owner was not present at the time the untethered object became subject to seizure and impoundment. The owner shall have the burden of proving this defense by a preponderance of the evidence. If the hearing master determines probable cause for the seizure exists, such untethered object shall be held by the POD during the pendency of any ordinance violation court case brought by the POD under this ordinance. If no probable cause is found, the untethered object shall be returned to the owner within ten days and the administrative fee refunded. If such administrative hearing is not requested, and the ordinance violation case is concluded or no such case is brought by the POD, then the untethered object shall be disposed of under the procedures provided for in F.S. § 705.103.

(Ord. No. 325-H, § 1, 4-19-2018)