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HomeMy Public PortalAboutORD 72/03ORDINANCE NO. 72 -3, AN ORDINANCE OF THE TO'w'7N COI.111ISSION FOR THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLO- RIDA, CONCERNING LOITERING AND PROT�I,ING; DE- FINING THE CRIME OF LOITERING AND PROWLING; PROVIDING FOR ARREST WITHOUT 1-1-ARRANT FOR THE CRIME OF LOITERING OR PROTv'LING; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Supreme Court recently declared the Florida Vagrancy Law unconstitutional; and WHEREAS, such declaration by the United States Supreme Court causes a condition detrimental to the good government and welfare of the Town of Gulf Stream by having eliminated any enforceable law to deal with loiterers or prowlers: NOW, THEREFORE, BE IT ORDAINED by the Town Commission for the Town of Gulf Stream, Florida, that: SECTION 1. (1) It is unlawful for any person to loiter or prowl in a place at a time, or in a manner not usual for law- abiding individuals under circumstances that warrant a justifiable and reasonable a- larm or immediate concern for the safety of persons or property in the vicinity. (2) Among the circumstances which may be considered in determi- ning whether such alarm or immediate concern is warranted, is the fact that the person takes flight upon appearance of a law enforce- ment officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement of- ficer 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. No person shall be convicted of an offense under this Section if the law en- forcement officer did not comply with this procedure, or if it ap- pears 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) Any person violating the provisions of this Section shall be guilty of a misdemeanor, punishable as provided in Article III, Chapter 22306 (No. 672) , Laws of Florida, Special Acts of 1943, being the Charter Act for the Town of Gulf Stream, Florida. SECTION 2. Any officer of the Gulf Stream Police Department may arrest any suspected loiterer or prowler, without a warrant, in case de- lay in procuring one will probably enable such suspected loiterer of prowler to escape arrest, as provided in Section 856.031 of the Florida Statutes. This ordinance shall take effect October 1 1972. • Placed on First Reading MAY 12 1972 PASSED and ADOPTED on Second & Final Reading ATTEST: p Dep. Town Cl Town of Gulf Stream 248 Sea Road Gulf Stream, FlaA, 33W JUL 14 1972 Ma or Commissioner