§ 9-62. Definitions and exemptions.

For purposes of this division:

(a)

"Nuisance activity" means when any person associated with a property is charged with a violation of any of the following activities, behaviors or conduct:

(1)

Chapter 3 - Alcoholic Beverages, sections 3-7(a), (b), or (c)(3), and sections 3-10, 11, 13, or 14.

(2)

Chapter 11, Article III - Noise Pollution.

(3)

Chapter 4, Article III - Dogs, sections 4-55 or 57.

(4)

Chapter 20, Article V, Division 2 - Illicit Synthetic Drugs.

(5)

F.S. § 767.12 - Dangerous dogs.

(6)

F.S. § 790.15(1) - Discharging firearm in public.

(7)

F.S. § 796.06 - Renting space to be used for prostitution.

(8)

F.S. § 796.07 - Prostitution.

(9)

F.S. § 800.03 - Exposure of sexual organs.

(10)

F.S. § 806.13 - Criminal mischief.

(11)

F.S. § 810.08 - Trespass in structure or conveyance.

(12)

F.S. § 810.09 - Trespass on property other than structure or conveyance.

(13)

F.S. § 812.014 - Theft.

(14)

F.S. § 812.019 - Dealing in stolen property.

(15)

F.S. § 812.173 - Convenience business security.

(16)

F.S. § 823.01 - Nuisances.

(17)

F.S. § 828.12 - Cruelty to animals.

(18)

F.S. § 856.011 - Disorderly intoxication.

(19)

F.S. § 856.015 - Open house parties.

(20)

F.S. § 856.021 - Loitering or prowling.

(21)

F.S. § 856.022 - Loitering or prowling in close proximity to children.

(22)

F.S. Ch. 874 - Criminal gang enforcement and prevention.

(23)

F.S. § 877.03 - Breach of the peace; disorderly conduct.

(24)

F.S. Ch. 893 - Any offense under the Florida Comprehensive Drug Abuse Prevention & Control Act.

(25)

Any other offense under state or federal law that is punishable by a term of imprisonment exceeding one year.

(b)

"Other responsible party" means any individual or entity other than the owner of the property that is operating a business upon the property or is occupying the property, whether pursuant to a lease, license, or is otherwise allowed to use the property by the owner.

(c)

"Person associated with a property" means the property owner, operator, manager, resident, occupant, guest, visitor, patron, employee or agent of any of these persons.

(d)

"Responsible party" means the owner of the property and any 'other responsible party' as defined herein.

(e)

"Separate and distinct incident" means that each time one or more police officers respond to a nuisance activity at the property shall be deemed a separate and distinct incident. This may include multiple incidents occurring on the same day.

(f)

"Police services" means all costs associated with a police officer response to a property and may include, but is not limited to, the costs for: officers and cruisers to respond to a call, receiving the call, dispatch, any supervisory time necessary, any research necessary for enforcement, any citation costs, any transport costs for arrests, and any other cost associated with a response to a call for service at the property.

(g)

This division shall not be applied to restaurants or taprooms except for violations of the noise ordinance (Chapter 11), sections 3-7(a), (b), or (c)(3), and sections 3-10 and 3-11 of the alcoholic beverage ordinance and any violation set forth herein which is committed by the owner of the property or business or their employees. The 'theft' category shall not be applied in dealing with retail establishments.

(h)

This division shall not be applied when the responsible party was the victim of a crime, or when there is more than one responsible party and one of the responsible parties is the victim of domestic violence.

(i)

"POD" is defined in Chapter 1.

(j)

References to the "Chief" shall mean the Chief of Police or his or her designee.

(Ord. No. 181-H, § 1, 6-11-2015; Ord. No. 321-H, § 1, 3-1-2018)