Sec. 94-26. - Loitering, prowling.

(a)

Prohibited.

(1)

It shall be unlawful for any person to loiter or prowl or loaf on the premises of any school within the county without permission of the school authorities.

(2)

It shall be unlawful for any person to loiter or prowl in a public or semipublic area, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

a.

Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct.

b.

No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and if believed by the officer at the time would have dispelled the alarm or immediate concern.

(3)

It shall be unlawful for any person, after first being warned by a law enforcement officer, or where a no loitering sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or semipublic sidewalk, street, curb, crosswalk, walkway area, mall, parking lot, or that portion of private property utilized or public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon; nor shall any person block or obstruct, or prevent the free access to the entrance to any building or parking facilities open to the public.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Loiter means lingering by, or moving slowly about in, a public or semipublic area.

(2)

Prowl means roaming in a public or semipublic area with the apparent intent of committing an unlawful act.

(3)

Public or semipublic area means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings of dwellings and the grounds enclosing them.

(Ord. No. 88-46, §§ 1, 2)

State law reference— Trespass on school property, F.S. § 228.091; loitering or prowling, F.S. § 856.021.

Sec. 94-27. - Consumption of alcoholic beverages, drugs by minors at open house parties.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Adult means a person not legally prohibited by reason of age from possessing alcoholic beverages pursuant to F.S. ch. 562, as the same may be amended from time to time.

(2)

Alcoholic beverage means any beverage containing more than one percent of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of F.S. § 561.01(4)(b), as the same may be amended from time to time.

(3)

Drug means controlled substance as that term is defined in F.S. §§ 893.02(3) and 893.03, as the same may be amended from time to time.

(4)

Minor means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to F.S. ch. 562, as the same may be amended from time to time.

(5)

Residence means a home, apartment, condominium or other dwelling unit.

(6)

Open house party means a social gathering at a residence.

(b)

Open house party restricted. No adult having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at said residence.

(c)

Exception. The provisions of this section shall not apply to legally protected religious observances or activities.

(d)

Penalties. The penalties for violation of this section are as follows:

(1)

For the first violation, a fine not exceeding $500.00.

(2)

For subsequent violations, a fine not exceeding $500.00, or imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprisonment.

(Ord. No. 85-41, §§ 1—4)

Cross reference— Alcoholic beverages, ch. 6.

State law reference— Penalty for ordinance violations, F.S. § 125.69; open house parties, F.S. § 856.015.

Sec. 94-28. - Riding toy vehicles on shopping center sidewalks.

(a)

No person shall operate a cycle, skateboard, roller skate, in-line skate, coaster, toy vehicle, or similar conveyance upon, on, or across any sidewalk in front of or immediately adjacent to any door for ingress or egress of members of the public to any retail business or service establishment within any shopping center in the unincorporated county.

(b)

Where a sign is placed by any landowner or landowner's agent, by being painted on or affixed over or near any storefront sidewalk within any shopping center, the text of which sign prohibits operation of a cycle, skateboard, roller skate, inline skate, coaster, toy vehicle, and/or similar conveyance thereon, no person shall disobey any such sign.

(c)

For the purposes of this section, the term "shopping center" is defined as a group of unified commercial establishments built on a site which is planned, developed, owned or managed as an operating unit consisting of eight or more retail business or service establishments containing a cumulative total of at least 20,000 square feet of floor area. A marina, hotel, or motel, with accessory retail shops, is not a shopping center.

(d)

The provisions of this section may be enforced by members of any duly authorized law enforcement agency or other officers having subject matter jurisdiction in the county.

(Ord. No. 92-69, §§ I, III)

Secs. 94-29—94-50. - Reserved.