Chapter 10 OFFENSES – MISCELLANEOUS

Art. I. In General, 10-1–10-28
Art. II. Reserved, 10-29–10-49
Art. III. Commercial Store Security, 10-50–10-52
Art. IV. Rave Clubs 10-60—10-77
Art. V.  Sexual Predators and Offenders 10-80 – 10-85

ARTICLE I.  IN GENERAL

Sec. 10‑1. Repealed 

(Code 1962, 20‑23; Ord. No. 254, 1, 5‑15‑79; Ord. No. 17-04, 2, 3/8/17)

Sec. 10‑2. Bicycles; mutilating serial numbers.

It shall be unlawful for any person to mutilate any serial number on a bicycle placed thereon by the manufacturer or by the chief of police or his representative. It shall be unlawful for any person to have in his possession any bicycle from which either of such numbers has been removed. (Code 1962, 7‑1)

Sec. 10‑3. Repealed

(Code 1962, 7‑3; Ord. No. 17-04, 3, 3/8/17)

Sec. 10‑4. Repealed

(Ord. No. 152, 5‑15‑73; Ord. 12-09, 1, 5-9-12; Ord. No. 17-04, 4, 3/8/17)

Sec. 10‑5. Curfew for children.

(a) It shall be unlawful for any person under eighteen (18) years of age who is not an emancipated minor to be or remain upon any street or alley or public place in the town after 12:00 p.m. midnight and before 5:00 a.m. of the following day unless such person is:

(1)        Accompanied by a parent or guardian or other adult per­son having custody and control of such minor;

(2)        In the performance of a duty directed by such parent or guardian or other person having custody and control;

(3)        Engaged in or traveling to or from lawful employment;

(4)        On a lawful or emergency errand;

(5)        In or traveling to or from lawful school, associational or recreational activities; or

(6)        Traveling through the town on an interstate or intrastate trip.

Provided, that any person under eighteen (18) may be on the public sidewalk in front of his or her home or with another in front of that person’s home during curfew hours.

(b) An “emancipated minor” shall be defined as any person under the age of eighteen (18) who establishes that she or he is not legally subject to the custody or care of a parent or guardian.

(c) Every member of the police force while on duty is hereby authorized to detain any minor willfully violating the provisions of paragraph (a) of this section until a parent or guardian of such minor shall take him or her into said person’s custody and control; but such officer shall immediately upon taking custody of the child, if possible, communicate with a parent or guardian and shall also notify the appropriate person from the State of Florida Department of Health and Rehabilitative Services. (Code 1962, 20‑51; Ord. No. 88‑2, 1, 12‑15‑87)

Sec. 10‑6. Repealed

(Code 1962, 20‑10; Ord. No. 171, 1, 3‑18‑74; Ord. 11-18, 9, 10-18-11; Ord. No. 17-07, 5, 3/8/17)

Sec. 10‑7. Sec. 10 7. Repealed.
(Ord. 14-13, 1, 9-16-14)

Sec. 10‑8. Sec. 10 8. Repealed.
(Ord. 14-13, 1, 9-16-14)

Editor’s note–Ord. No. 14-13, adopted Sept. 16, 2014, deleted 10 7 and 10-8 relating to drainage and incorporated those sections into Chapt. 16.5.

Sec. 10‑9. Repealed

(Ord. No. 17-04, 6, 3/8/17)

Sec. 10‑10. Repealed

(Code 1962, 20‑20; Ord. No. 17-04, 7, 3/8/17)

Sec. 10‑11. Reserved.

Editor’s note--Ord. No. 84‑351, 1, adopted Sept. 18, 1984, repealed 10‑11, pertaining to littering of causeway areas, derived from Code 1962, 8‑5.

Sec. 10‑12. Loitering.

For the purpose of this section, “loitering” means the act of standing or remaining in or about any public street, public sidewalk, public overpass or public bridge, or other place specifically enumerated herein. A person commits the offense of loitering when he knowingly:

(a)      Loiters on any public street, public sidewalk, public overpass, public bridge or public place so as to hinder, or impede or tend to hinder or impede the passage of pedestrians or vehicles.

(b)      Loiters in or about any police station, police head­quarters building, court building, or any other public building or place for the purpose of soliciting employment of legal services or sureties upon criminal recognizance. (Ord. No. 171, 3, 3‑18‑74; Ord. No. 233, 1, 7‑15‑78)

State law reference--Loitering and prowling generally, F.S. 856.021.

Sec. 10‑13. Noise; definitions; procedures.

(a) As used in section 10‑13.1 through 10‑14 below, the follow­ing words and phrases shall have the meanings ascribed to them unless the context clearly indicates differently:

(1)      Loud and disturbing noises shall mean those noises, whether produced physically, mechanically, electrically or electronically, which are of sufficient sound and volume so as to disturb the peace of the surrounding neighborhood. Nothing in this definition is intended to regulate any matters specifically preempted by s. 790.33, Florida Statutes, such as the making of a loud and disturbing noise with a firearm or ammunition. The objective method of measurement of such noise standards shall be as follows:

a.    Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American National Standards Institute, Inc. (American National Standard Institute General Proposed Sound Level Meters for Measurement of Noise and Other Sounds ANSI S1.4‑1971, American  National  Standards  Institute, Inc.,  New York, New  York, and  American National Standards Institute, Inc. Standard  Method for the Measurement  of Sound, Pressure Level ANSI S1.13‑1971, or the latest edition of such standards shall be used, R‑1976).

b.     Locational requirement for measurement. Sound lev­els shall be measured along with boundaries of the noise site.

c.    Maximum permissible sound levels by category. In the enforcement of the regulation, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the max­imum permitted decibel level. The maximum permis­sible sound pressure levels (sound level limit) at the location of measurement for noise radiated for periods of ten (10) minutes or more from a property or for thirty seconds or more from a public right‑of‑way are identified in the table below:

SOUND LEVELS BY CATEGORY

Category Sound Level Limit dB(A)

Residential, Residential‑Professional

Zoning District   55

Commercial, C‑1 and C‑2     65

Residential swimming pool alarms  85

at ten (10) feet)

Tourist Zoning    55

Noise from vehicles or controlled by persons

on public rights‑of‑ways in any area of town

as measured from the edge of the right‑of‑way                                                            55

(2)       Sound amplifying equipment shall mean any instrument, machine or device for the amplification of the human voice, music or any other sound, including, but not limited to speakers, sound systems, radios, tape players, musical in­struments, mechanical, electrical or electronic devices, etc. The phrase shall exclude warning devices on authorized emergency vehicles and warning devices and horns on other vehicles used only for traffic safety purposes.

(3)       Sound truck shall mean any motor vehicles or other vehi­cle having mounted thereon or attached thereto any sound amplifying equipment.

(4) Decibel is one‑tenth (l/l0) of a bel and is a unit of level when the base of the logarithm is the tenth root of ten (10), and the quantities concerned are proportional to power.

(5)       Sound-level meter isan instrument including a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of noise and sound levels in a specified manner.

(6)       Sound analyzer isa device for measuring the band‑pressure level or pressure spectrum level of a sound as a function of frequency.

(7)       Person isany person, person’s firm, association, co‑partnership, joint venture, corporation or any entity public or private in nature.

(8)       All technical definitions are in accordance with American Standard S1. 1‑1960 entitled Acoustical Terminology.

(b) Measurement of sound. The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. (Code 1962,  20‑24; Ord. No. 88‑14, 1, 10‑25‑88; Ord. No. 89‑19, 1, 7‑18‑89; Ord. No. 01-04, 1, 2-20-01; Ord. No. 11-18, 10, 10-18-11)

Sec. 10-13.1. Hours during which loud and disturbing noise is prohibited.

(a) Excepting activities as set forth in Section (b) hereof, no person shall make or cause to be made any loud or disturb­ing noise within the town between the hours of 10:00 p.m. and 7:00 a.m. of the following day.  However, the town manager may recognize that such loud or disturbing noise may occur on special events, as so declared by the town council (e.g. – Independence Day July 4th celebrations and Town Fiftieth anniversary celebration).

(b) No person shall make, or cause to be made, any loud or disturbing noise within the town while performing demolition, excavation, erection, alteration, or repair of any building as to create noise of such character, intensity, and duration as to be detrimental to public health, welfare, and peace other than between the hours of 7:30 a.m. to 8:00 p.m. on weekdays and 8:00 a.m. to 8:00 p.m. on Saturdays, Sundays, and holidays.

(Ord. No. 88‑14,  2, 10‑25‑88; Ord. 02-14, 6, 6-18-02; Ord. 05-12, 1, 8-16-05)

Editor’s note–Ord. No. 88‑14, 2–5, adopted Oct. 25, 1988, amended the Code by adding provisions designated as  10‑13.5, 10‑13.51–10‑13.53. In order to conform to existing Code style, these provisions have been redesignated as 10‑13.1–10‑13.4 at the discretion of the editor.

Sec. 10‑13.2. Sound amplifying equipment–Permit for use.

No person shall use or cause to be used any sound amplifying equipment, either mounted on a sound truck or otherwise, for the purpose of producing or reproducing sound which is cast upon the public streets for any purpose, without first obtaining a permit application from the police chief. The permit must be approved and signed by the police chief and the town manager and can be revoked at any time that the permit is used so as to create a public nuisance. The town manager may permit the use of sound amplifying equipment in town parks.  The town manager may permit the use of sound amplifying equipment on private property in C, C-1, C-2 or SC districts for special events as so declared by the Town Council. (Ord. No. 88‑14, 3, 10‑25‑88; Ord. No. 11-06, 1, 4-19-11; Ord. 11-16, 1, 8-16-11)

Note–See the editor’s note at  10‑13.1.

Sec. 10‑13.3. Same–Application.

Application for the issuance of a permit provided for in the preceding section shall be filed with the police chief in duplicate at least twenty‑four (24) hours prior to the issuance of said permit. The application shall contain the following information:

(1)  Name and home and business address of applicant.

(2)  License and motor number of sound truck, when applicable.

(3)  Name and address of all persons who will use the sound amplifying equipment.

(4)  The purpose for which the sound amplifying equipment will be used.

(5)  The section of the town in which the sound amplifying equipment will be used.

(6)  The hours of operation of the sound amplifying equipment. (Ord. No. 88‑14, 4, 10‑25‑88)

Note–See the editor’s note at 10‑13.1.

Sec. 10-13.4. Same–Restriction on hours, days of operation.

The use of sound amplifying equipment for the purpose of reproducing or producing sound which is cast upon the public streets of the town shall be restricted to between the hours of 11:00 a.m. and 5:00 p.m. every day except Sunday. The use of such equipment is prohibited on Sunday.  The town manager may extend the hours and permit use on Sunday for the use of sound amplifying equipment for special events.   Permits issued by the town manager for town parks shall be restricted to between the hours of 7:00 a.m. and 9:00 p.m. every day.(Ord. No. 88‑14, 5, 10‑25‑88; Ord. No. 02-14,7, 6-18-02; Ord. 11-06, 2, 4-19-11; Ord. 12-03, 1, 12-20-11; Ord. 13-04, 1, 1-15-13)

Note–See the editor’s note at  10‑13.1.

Sec. 10‑14. Regulation of noise created by motor vehicles and internal combustion engines.

Motor vehicle or internal combustion engine noise regulated; noise level limits. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, mo­torboat or motor vehicle except through a muffler or other device which will effectively check loud or explosive noises therefrom is hereby prohibited. A muffler shall be defined as a device consist­ing of a series of chambers or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise and no person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle than emitted by the muffler originally installed on the vehicle and such original muffler shall comply with all of the requirements of this section.

It shall be unlawful to operate a motor vehicle or internal combustion engine within the limits of the Town of Indialantic which creates a noise or sound which exceeds the following noise level limits:

All motor vehicles: Fifty‑five (55) decibels measured at twenty-five (25) feet from the edge of the right‑of‑way. (Code 1962, 20‑25; Ord. No. 88‑14, 6, 10‑25‑88)

Sec. 10‑14.1. Sections 10‑13.1 through 10‑14; penalties for violation.

(a) Warning. No person or business entity shall be served with a notice of violation of sections 10‑13.1 through 10‑14 without first being given a verbal warning of the violation occurring by an officer of the Indialantic Police Department and a reasonable opportunity to comply with said warning.

(b) Penalties. Aviolation of sections 10‑13.1 through 10‑14, if not abated after the verbal warning given pursuant to subsection (a), above, shall be a second degree misdemeanor punishable by a fine of up to five hundred dollars ($500.00) and/or sixty (60) days imprisonment. (Ord. No. 88‑14, 7, 10-25‑88)

Editor’s note–Ord. No. 88‑14, 7, adopted Oct 25, 1988, amended the Code by adding provisions designated as  10‑14.5 which have been redesignated as 10‑14.1 at the discretion of the editor.

Sec. 10‑15. Repealed

(Code 1962, 20‑27; Ord. No. 17-04, 8, 3/8/17)

Sec. 10‑16. Officers; interfering with.

It shall be unlawful for any person to interfere, or conduct himself in any manner which shall interfere with or prohibit any official or employee of the town from performing his official duties. (Code 1962, 20‑28)

Sec. 10‑17. Peddlers and solicitors; invitation required; exceptions.

(a)   As used in this section, the following words shall have the following definitions:

(1)”Peddler” shall mean and refer to a person traveling by foot, motor vehicle, or any other type of conveyance from place-to-place, house-to-house, or from street-to-street, and who carries, conveys, offers for sale or sells goods, wares, merchandise, or makes deliveries of goods, wares, or merchandise from place-to-place or house-to-house.  Any person who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this section shall be deemed to be a “peddler” subject to the provisions of this section.  The word “peddler” shall also include “hawker.”

(2)”Private residence” shall mean and refer to a residential structure and any real property visibly appurtenant thereto, including, for example, a single-family home and the fenced in lot upon which the home is located.  A condominium or apartment building private residence shall include the doorway to an individual apartment unit but shall not include the property upon which the residential structure is located or the hallways and other common areas of a residential structure, unless the entire common properties have been posted as provided in this section.

(3)”Solicitor” shall mean and refer to a person who, for compensation, offers for sale, sells, or delivers any wares, merchandise, goods, or services within the town.

(b)   The following non-exclusive list of activities are specifically exempted from the terms of this section:

(1)    Persons selling or delivering milk and dairy products, bakery goods, or other food products;

(2)    Persons delivering or picking up laundry, dry cleaning, garbage, yard clippings, trash, or items intended for solid waste recycling pursuant to a town approved franchise, garment storage, linen supply, towel supply, and diaper services agents, all operating from vehicles that are clearly marked;

(3)    Newspaper delivery persons on regular routes; and

(4)    Person engaged in the sale or maintenance of services by utilities, including  but not limited to electric, water, sewer, telephone and cable television.

(c)   Unless requested or invited by the occupant of a private residence, it shall be unlawful for any commercial solicitor, peddler, hawker, itinerant merchant or transient vendor of merchandise, sales, or services,  to go in and upon a private residence for the purpose of soliciting orders for the sale of goods, wares, merchandise, or services, or for peddling or hawking the same, after the property owner or legal occupant of said private residence has given notice that such owner or occupant is not interested in being approached by any commercial solicitor, peddler, hawker, itinerant merchant or transient vendor of merchandise, sales or services.  Notice as required by this section may be given by posting and continuously maintaining a sign not to exceed 4″ x 12″ in a conspicuous location on the private residential property leading to the entrance of a structure on the private residential property which sign states “No Soliciting” or words of a substantially similar nature that would place a reasonably prudent person on notice that the private residential property owner or occupant does not wish to be subject to soliciting, peddling, or hawking of merchandise, sales, or services.  Where there is more than one entrance to a residential structure that might reasonably be expected to be used by a solicitor, peddler, itinerant merchant, or hawker of merchandise, sales, or services, each such entrance shall be posted as provided herein.  A condominium association may post, as provided herein, the common elements of a condominium to prohibit commercial soliciting, peddling, or hawking of merchandise, sales, or services.  The owner or agent of the owner of a non-condominium apartment building may post, as provided herein, the common areas of the apartment property to prohibit commercial peddling, soliciting, or hawking of merchandise, sales, or services.

(d) Each solicitor going door-to-door to residential units within the town will carry on his/her person at all times while soliciting within the town identification depicting his/her current photograph, full name, residence address, date of birth, and name of employer and/or the agency for whom he/she is soliciting.

(Code 1962, 20‑30; Ord. No. 93-3, 1, 6-15-93; Ord. 12-09, 2, 5-9-12)

Sec. 10‑18. Repealed

(Ord. No. 171, 2, 3‑18‑74; Ord. No. 17-04, 9, 3/8/17)

Sec. 10‑19. Repealed

(Code 1962,  20‑31; Ord. No. 17-04, 10, 3/8/17)

Sec. 10‑20. Repealed

(Code 1962, 20‑32; Ord. No. 17-20, 11, 3/8/17)

Sec. 10‑21. Posting bills, notices, advertisements.

(a) It shall be unlawful to tack, paste or otherwise attach any advertisement, notice, circular, bill or poster of any kind upon any tree, post, utility or other pole, or upon any public building or other public property.

(b) It shall be unlawful to tack, paste or otherwise attach any advertisement, notice, circular, bill or poster of any kind upon any private building or other private property without the express written consent of the owner thereof. (Code l962, 20‑33)

Cross Reference--Littering generally, 8-50 et. seq.

Sec. 10‑22. Private detectives regulated.

In addition to complying in all respects with Florida Statutes, Chapter 493, a private detective shall be subject to the following regulations:

(a)   If he wears a uniform, then it must be a distinctive uniform which clearly distinguishes him from members of any police department.

(b)   His uniform and badge, if any, shall prominently display the lettering “private patrol.”

(c)   The word “police” shall not be used in any way in connection with advertising, lettering on vehicles, stationery, or in any other manner to promote the work or business of a private detective.

(d)   He shall never expressly or impliedly represent himself to be a member of any governmental law enforcement agency.

(e)   He must immediately report to the police department any irregularity or violation of laws or ordinances that may come to his attention, provided that he shall not be required to report traffic offenses which do not involve personal injuries or property damages less than one hundred dollars ($100.00). (Code 1962, 11-6)

Sec. 10‑23. Reserved.

Sec. 10‑24. Repealed

(Code 1962,  20‑38.1; Ord. No. 17-07; 12, 3/8/17)

Sec. 10‑25. Repealed

(Ord. No. 17-04, 13, 3/8/17)

Sec. 10‑26. Repealed

(Code 1962,  20‑41; Ord. No. 11-18, 11, 10-18-11; Ord. No. 17-04, 14, 3/8/17)

Sec. 10‑27. Repealed

(Code 1962,  20‑46; Ord. No. 11-18, 12, 10-18-11; Ord. No. 17-07, 15, 3/8/17)

Sec. 10‑28. Repealed

(Code 1962,  20‑47; Ord. No. 11-18, 13, 10-18-11; Ord. No. 17-04, 16, 3/8/17)

ARTICLE II.  RESERVED

Secs. 10-29–10-49.  Reserved

ARTICLE III.  COMMERCIAL STORE SECURITY

Sec. 10-50. Definitions.

As utilized in this article, the following term(s) are defined as follows:

Commercial store. A place of business that is engaged in the retail sale of products or services, including but not limited to automotive gas or service stations; attended “coin” laundries; convenience stores engaged in the sale of retail groceries, including but not limited to prepared foods; stores renting or selling video tapes; stores vending prepared foods for off premises consumption; or other commercial or retail stores selling services or merchandise.  Commercial stores subject to this article shall be those stores that are regularly open for business at any time between the hours of 9:00 p.m. and 5:00 a.m.  The term “commercial store” does not include a store which is solely or primarily a restaurant or store that is unattended by an employee during said hours, such as an unattended “coin” laundry.

Operator of a Commercial Store. The person, corporation, partnership or other legal entity having lawful possession of the premises upon which a commercial store is operated.  (Ord. 91-10, 1, 5-21-91)

State law reference–F.S. 812.171-812.175

Sec. 10-51.  Commercial store security.

Each commercial store located within the Town shall meet the following standards to promote security and safety:

1.  Have lighted parking lots sufficiently illuminated such that persons within the parking area are visible from an adjacent public right-of-way during the hours after 9:00 p.m. and before 5:00 a.m.;

2.  Post a conspicuous sign in the commercial store entrance which states that the cash register or other container holding cash contains $50 or less;

3.   Maintain window signage so that there is a clear and unobstructed view of the cash register and transaction area from outside the commercial store;

4.  Prohibit window tinting on the windows of the establishment, if such tinting reduces exterior or interior viewing at any time during the hours of operation of 9:00 p.m. to 5:00 a.m.;

5.  Install height markers at the entrance of the establishment which display height measures from the floor up to seven feet in height; and

6.  Be equipped with a security camera system capable of retrieving an image to assist in the identification and apprehension of a robber.

(Ord. 91-10, 2, 5-21-91)

State law reference–F.S. 812.171-812.175

Sec. 10-52.  Enforcement.

(a)  The Code Enforcement Board is hereby granted the authority to enforce compliance with this article and to assess fees for noncompliance in the manner provided for by Chapter 162, Florida Statutes.

(b)  This article shall not be the subject of a code enforcement board hearing involving any commercial store existing at the time of adoption of Ordinance No. 91-10, until at least nine (9) months after a copy of the ordinance and explanatory letter generally describing said ordinance has been mailed to the operator of a commercial store that is alleged by the code enforcement officer to be in violation of this article.  (Ord. 91-10, 3, 5-21-91)

State law reference–F.S. 812.171-812.175

ARTICLE IV.  RAVE CLUBS.

Sec.  10-60.  Legislative findings, intent, and purpose.

(a)            The town hereby finds and determines, as a matter of fact, that the late night and all night rave clubs and similar forums of assembly, commonly referred to as “raves,” are sites for the sale, possession and use of illicit drugs.

(b)            The town also finds such raves expose drug activity to the uninitiated youth of the community, and such exposure to drug activity occurring at such raves is often found to result in drug addiction, overdose and death of both juveniles and adults.

(c)            The town hereby finds raves provide an arena for predatory-type sexual crimes, thus, for the protection of our town’s youth, juveniles should not congregate in such social settings with adults; additionally, regulation of raves is also necessary for the protection of adult victims of such crimes.

(d)            The town hereby finds raves are often times the sites for violent criminal activity, as well as street gang activity as defined in Chapter 874, Florida Statutes.

(e)            The town hereby finds that the dangerous criminal activity occurring at such raves occurs predominately in the late night/early morning hours.

(f)            The town hereby finds that the actions of rave patrons entering and exiting rave club establishments has a deleterious effect on nearby residential and commercial properties in terms of excessive noise, traffic and debris, and such impacts are exacerbated by the fact that rave patrons

enter and exit such raves at extraordinarily late night/early morning hours when citizens have a reasonable expectation of peace and quiet.

(g)            The town finds that the above-referenced problems associated with raves are unique and specific to such rave club establishments and are not prevalent in other types of unregulated places of assembly.

(h)            It is the intent of the town to address the unique problems associated with raves by implementing rave club regulations for both juvenile and adult rave clubs to prevent rave club contact between juveniles and adults so as to prevent and/or reduce illicit or undesirable juvenile involvement and exposure to illegal drugs and dangerous criminal activity, and further to protect both juveniles and adults from criminal activity that occurs at such raves.

(i)            The town hereby asserts that the following purposes of the rave club regulations set forth herein are matters of legitimate, substantial and compelling governmental interests:

(1)            To protect juveniles and adults from illegal drug activity, including use, sale and drug abuse such as overdoses and to reduce, if not eliminate, such activity from occurring in rave clubs;

(2)            To protect juveniles and adults from violent criminal activity occurring in rave clubs;

(3)            To protect juveniles and adult victims from predatory-type sexual crimes occurring in rave clubs;

(4)            To protect juveniles and adults from gang-related activity occurring in rave clubs;

(5)            To reduce the amount of criminal activity occurring predominately in the late night/early morning hours;

(6)         To prevent the deleterious impacts of noise, traffic and debris on adjacent residential and commercial property that occur in the late night/early morning hours.

(Ord. No. 02-11, 1, 4-16-02)

Sec.  10-61.  Definitions.

For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.

Adult rave club means any rave club whose patrons or admittees are eighteen (18) years of age or older.

Conviction or convicted means the finding of guilt for a violation of a municipal or county ordinance or state or federal law, adjudication withheld on such a finding of guilt, an adjudication of guilt on any plea of guilty or nolo contendere, or the forfeiture of a bond or bail when charged with a violation of a municipal or county ordinance or state or federal law.

Juvenile rave club means any rave club whose patrons or admittees are seventeen (17) years of age or younger.

Knowingly means with actual knowledge of a specific fact or facts, or with reasonable inquiry, a reasonable person should have known a specific fact or facts.

Permit or rave club permit means a permit to operate a rave club.

Permittee means a person in whose name a permit to operate a rave club has been issued, as well as the individual listed as an applicant on the application for a rave club permit.

Person means an individual, partnership, corporation, association or legal entity.

Premises means the building, the lot, parking areas, and any area under the control of the operator of a rave club.

Rave club means any place, area or property which is operated either as an ongoing enterprise or undertaking or as a one time event or a limited number of events, which is open to the public, and which:

(1)            Has music, either live or electronically produced or transmitted; and

(2)            Has space available for dancing, or dancing is permitted, whether such dancing takes place or not; and

(3)            Allows free admission or admission by payment of a direct or indirect charge, fee, donation, or any form of consideration, or by the purchase, possession or presentation of a ticket, token, or membership card; and

(4)            Is not licensed or permitted to sell, serve, or dispense alcoholic beverages for on-premises consumption, or permit alcoholic beverages to be consumed on premises.

Notwithstanding the foregoing, a “rave club,” as defined herein, does not include:

(i)         An establishment with a license reviewed and approved by the State of Florida to sell, serve or dispense alcoholic beverages for on-premises consumption;

(ii)            A bona fide dance studio where students are taught the art of dancing or ballet;

(iii)         A private residence or residential facility from which the general public is excluded;

(iv)       A place owned and operated by the federal, state, or local government;

(v)        A public or private elementary school, secondary school, college, or university;

(vi)       A place owned, leased or operated by a not for profit organization and sponsored by a bona fide law enforcement organization or federal, state, local government or school board;

(vii)An adult dancing facility or adult entertainment

facility, as defined in chapter 61, town code, lawfully established, existing, permitted and licensed under the provisions thereof, during such hours of the day as said establishment is being lawfully and principally operated as an adult use; or

(viii)       A place owned, leased or operated by a bona fide religious organization, created, organized, existing and recognized as such pursuant to all applicable law including federal tax laws and 26 U.S.C. section 501(c)(3) tax exempt religious organization.

Rave club regulations mean the regulations set forth in this article.

(Ord. No. 02-11, 2, 4-16-02)

Sec.  10-62.  Permit required; Application for permit.

(a)               No person may operate a rave club without a permit.

(b)            A notarized application for a permit shall be made on a form provided by the town manager or the town manager’s designee.  The applicant must be qualified according to the provisions of this article.

(c)            The applicant shall indicate whether the application is for a juvenile rave club or adult rave club.

(d)            A person who wishes to operate a rave club shall sign the application for a permit as applicant.  If a person who wishes to operate a rave club is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a permit as an applicant.  Each applicant must meet the requirements of section 10-63, and each applicant shall be considered a permittee if a permit is granted.

(Ord. No. 02-11, 3, 4-16-02)

Sec.  10-63.  Requirement for issuance of permit; Posting.

(a)            The town manager, or the town manager’s designee, shall approve issuance of a rave club permit within sixty (60) days after receipt of an application unless the town manager, or said manager’s designee, finds one (1) or more of the following to be true:

(1)            An applicant is under eighteen (18) years of age.

(2)            An applicant has failed to answer or falsely answered a question(s) or request for information on the application provided.

(3)            An applicant has been convicted of a violation of any rave club regulation within two (2) years immediately preceding the application.

(4)            An applicant has failed to obtain a certification from the fire marshal that the rave club complies with all applicable provisions of chapter 7, town code, relating to fire prevention, relative to places of assembly, including, but not limited to, maximum permitted occupancy load and places of assembly.

(5)            An applicant has failed to obtain a certification from the building official that the rave club complies with all applicable provisions of the land development code, as designated in section 11-8, town code, including, but not limited to, parking and places of assembly.

(6)            An applicant has been convicted of a crime,

a.            Involving:

1.            Any felony, or

2.            Any misdemeanor offense of Florida Statutes: chapter 784, assault; battery; culpable negligence; chapter 787, kidnapping; false imprisonment; luring or enticing a child; custody offenses; chapter 790, weapons and firearms; chapter 794, sexual battery; chapter 800, lewdness; indecent exposure; chapter 812, theft, robbery and related crimes; chapter 827 abuse of children; chapter 837, perjury; chapter 856, drunkenness; open house parties; loitering; prowling; desertion; chapter 562, selling, serving or giving alcoholic beverages to a minor; chapter 859, poisons; adulterated drugs; chapter 870, affrays; riots; routs; unlawful assemblies; chapter 874, street terrorism enforcement and prevention; chapter 877, miscellaneous crimes, and chapter 893, drug abuse prevention and control, as said chapters currently exist or may be amended or superceded from time to time, or

3.            Any violation of rave club regulations of any other town, county, state or government; and

b.            For which:

1.            Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.            Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.         Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four month period.

(7)  An applicant has been convicted of a felony involving any sexual crime against a minor.

(b)            The fact that a conviction is being appealed has no effect on the disqualification of the applicant under subsection (a) above.

(c)            An applicant who has been convicted of an offense listed in subsection (a)(6)a. may qualify for a rave club permit only when the time period required by subsection (a)(6)b. has elapsed.

(d)            The application shall be reviewed by the police department, the fire department and the town manager, or the town manager’s designee, for compliance with the provisions of this section.  Review shall be conducted by the police department and the fire marshal/inspector within thirty (30) days from the receipt of the application by the town manager, or said manager’s designee, and their comments forwarded to the town manager, or said manager’s designee, for consideration in issuance of the permit in accordance with the provisions hereof.

(e)            The town manager or designee, upon approving issuance of a rave club permit, shall send to the applicant, by hand delivery or U.S. mail, written notice of that action and state where the applicant must pay the permit fee and obtain the permit.  The town manager’s approval of the issuance of the permit does not authorize the applicant to operate a rave club until the applicant has paid all fees required by this chapter and obtained possession of the permit.

(f)            The permit shall state on its face the name of the person to whom it is granted, the expiration date, the address of the rave club, and whether it is issued for a juvenile rave club or an adult rave club.

(g)            The permit must be posted in a conspicuous place at or near the entrance to the rave club so that it may be easily read at any time.

(Ord. No. 02-11, 4, 4-16-02)

Sec.  10-64.  Application and renewal fees.

The town council may, by resolution, establish non-refundable fees for the town to review the contents of a rave club permit application and for each renewal permit issued under the terms of this chapter.

(Ord. No. 02-11, 5, 4-16-02)

Sec.  10-65.  Persons under eighteen (18) prohibited in adult rave clubs.

(a)            No person under the age of eighteen (18) years may enter an adult rave club unless accompanied by a parent or guardian.

(b)            No person shall falsely represent himself or herself to be either a parent or guardian of another person under the age of eighteen (18) years for the purpose of gaining the other person’s admission into an adult rave club.

(c)            No permittee or employee of an adult rave club shall knowingly allow a person under the age of eighteen (18) years to enter or remain on the premises of an adult rave club.

(d)            No permittee of an adult rave club shall maintain or operate the premises without posting a sign at each entrance to the business that reads:  “It is unlawful for any person under eighteen (18) years of age to enter this premises without being accompanied at all times by said person’s parent or guardian.”

(Ord. No. 02-11, 6, 4-16-02)

 Sec.  10-66.  Persons age eighteen (18) and over prohibited in juvenile rave clubs.

(a)             No person over eighteen (18) years of age may enter a juvenile rave club except:

(1)        A permittee or employee of the rave club;

(2)        A parent or guardian of a rave club patron inside the juvenile rave club; or

(3)        A governmental employee in the performance of official duties.

(b)             No person shall falsely represent himself or herself to be under eighteen (18) years of age for the purpose of gaining admission to a juvenile rave club.

(c)        No permittee or employee of a juvenile rave club shall knowingly allow a person eighteen (18) years of age or over to enter or remain on the premises of the juvenile rave club.

(d)             No permittee of a juvenile rave club shall maintain or operate the premises without posting a conspicuous sign at the entrance to the business that reads:  “It is unlawful for any person over eighteen (18) years of age to enter this premises.”

(Ord. No. 02-11, 7, 4-16-02)

Sec.  10-67.  Hours of operation.

(a)             No person shall operate a juvenile rave club during any hours other than 4:00 p.m. to 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and from 4:00 p.m. on Friday to 12:01 a.m. of the following day, and from 1:00 p.m. Saturday to 12:01 a.m. of the following day.  The establishment shall close and all customers or members shall vacate the premises when it is required to close until the time that the establishment may legally open for operation.

(b)        No person shall operate an adult rave club during any hours other than 1:00 p.m. to 1:00 a.m. of the following day.  The establishment shall close and all customers or members shall vacate the premises when it is required to close until the time that the establishment may legally open for operation.

(Ord. No. 02-11, 8, 4-16-02)

Sec.  10-68.  Security Paramedic.

(a)             Whenever a rave club is open to the general public, the rave club permittee shall have on the premises, at the permittee’s expense, the greater of either:  (i) three off-duty sworn law enforcement officers, or three private security officers having either a class D or class MS license as set forth in chapter 493, Florida Statutes; or (ii) one off-duty sworn law enforcement officer, or one private security officer having a license described above, per 150 of the persons allowed under the maximum occupancy load for the structure in which the rave club is operated.  The police chief may require a permittee to increase the number of off-duty law enforcement officers or licensed private security officers when a special event or limited engagement is scheduled to take place at a permitted rave club.  Nothing in the subsection shall be construed to mean that the police chief must require law enforcement officers to serve in an off-duty capacity at a permitted rave club.

(b)             Whenever a rave club is open to the general public, at least one certified and actively licensed paramedic, as set forth in chapter 401, Florida Statutes, shall be present, at the expense of the permittee.

(Ord. No. 02-11, 9, 4-16-02)

Sec.  10-69.  Land development code; Fire prevention; Offenses.

No person shall operate a rave club in violation of any applicable provisions of the land development code, as designated by section 11-8, town code, or chapter 7, fire prevention, town code, as those provisions may be amended from time to time.

(Ord. No. 02-11, 10, 4-16-02)

Sec.  10-70.  Rave club operator.

(a)             A person who operates a rave club shall designate a person as the rave club supervisor and shall register that supervisor’s name with the town manager or the town manager’s designee.

(b)        The person designated as the rave club supervisor shall comply with the requirements set forth in section 10-63(a)(6)a. and b. for applicants.

(c)        The person designated rave club supervisor shall remain on the premises of the rave club during all hours of operation and until thirty (30) minutes after closing to ensure that the operation is conducted in accordance with all rave club regulations hereof.

(Ord. No. 02-11, 11, 4-16-02)

Sec.  10-71.  Inspection.

(a)            Application for, and issuance of, any rave club permit shall constitute consent by the permittee for representatives of the town to enter and inspect the premises of the rave club at any time it is open for business or occupied for the purpose of verifying compliance with the law.

(b)        No person who operates a rave club, employee thereof, or a person designated as the rave club supervisor, shall refuse to permit a lawful inspection of the premises of a rave club by a representative of the town at any time it is open for business or occupied.

(Ord. No. 02-11, 12, 4-16-02)

Sec. 10-72.  Expiration of permit.

(a)        A permit for a rave club expires one year from the date of issuance.  A permit may be renewed only by making application as provided in section 10-62.  Application for renewal should be made at least sixty (60) days before the expiration date, and when made less than sixty (60) days before the expiration date, the expiration of the permit will not be affected by the pendency of the application.

(b)        If the town manager or designee denies renewal of a permit, the applicant may not be issued any rave club permit for one year from the date denial becomes final.  If, subsequent to denial, the town manager or designee finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least ninety (90) days have elapsed since the date denial becomes final.

(Ord. No. 02-11, 13, 4-16-02)

 Sec.  10-73.  Suspension of permit.

The town manager or designee shall suspend a rave club permit for a period of time not to exceed thirty (30) days, if the town manager determines that a permittee, or an employee of a permittee, has committed any one or more of the following acts:

(1)        Violated any provisions of the rave club regulations;

(2)        Engaged in the use, sale, or consumption of alcoholic beverages on the rave club premises;

(3)        Refused to allow an inspection of the rave club premises so authorized in this article;

(4)        Knowingly permitted an intoxicated person to remain on the rave club premises;

(5)        Knowingly permitted gambling by any person on the rave club premises;

(6)        Knowingly permitted the possession, consumption or sale of an alcoholic beverage on the premises of a rave club;

(7)        Knowingly permitted the possession, consumption or sale of any illegal drugs on the premises of the rave club; or

(8)        Knowingly allowed performances or activity that violates chapter 61, town code, which regulates adult entertainment.

(Ord. No. 02-11, 14, 4-16-02)

Sec.  10-74.  Revocation of permit.

(a)        The town manager, or said manager’s designee, shall revoke a permit, if a cause of suspension under section 10-73 occurs, and the permit has been previously suspended within the preceding twelve (12) months.

(b)        The town manager, or said manager’s designee, shall revoke a permit, if the town manager determines that one or more of the following is true:

(1)        A permittee has given false or misleading information in the material submitted to the town during the application or renewal process;

(2)        A permittee or an employee has knowingly allowed the possession, use, or sale of controlled substances, or any derivative thereof, on the premises.

(3)        A permittee or an employee knowingly permitted dancing or a live performance during a period of time when the rave club permit was suspended.

(4)             A permittee has been:

a.         Convicted of an offense listed in section 10-63(a)(6)a., town code, for which the time period required in section 10-63(a)(6)b. has not elapsed; or

b.            Convicted of or is under indictment for any felony offense while holding a rave club permit.

(5)        While an employee of the rave club, and while on the permitted premises, a person has committed an offense listed in section 10-63(a)(6)a., for which a conviction has been obtained, two or more times within a twelve (12) month period.

(c)             The fact that a conviction is being appealed shall have no effect on the revocation of the permit.

(d)        When the town manager or designee revokes a permit, the revocation will continue for a period of 365 consecutive days, and the permittee may not be issued any rave club permit for 365 days from the date revocation became final.  If, subsequent to revocation, the town manager or designee finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a permit, if at least ninety (90) days have elapsed since the date the revocation became final.  If the permit was revoked under subsection (b)(4) hereof, an applicant may not be granted another permit until the appropriate number of years required under section 10-63(a)(6)b. has elapsed.

(Ord. No. 02-11, 15, 4-16-02)

Sec.  10-75.  Appeals.

If the town manager or designee denies the issuance or renewal of a permit, or suspends or revokes a permit, the town manager or the town manager’s designee shall send the applicant or permittee, by certified mail return receipt requested, written notice of the action, the right to an appeal, how an appeal maybe initiated, and the within which the appeal must be initiated.  The aggrieved applicant or permittee may appeal the decision of the town manager to the town council in accordance with the following procedures.  The filing of an appeal stays the action of the town manager, or said manager’s designee, in suspending or revoking the permit until the town council makes a final decision on the appeal.

(1)        The aggrieved party may, not later than ten (10) calendar days after receiving notice of the denial, file with the town clerk a written request for a hearing before the town council.  Such request shall constitute a notice of appeal.

(2)            If a written request is filed under subsection (1) hereof with the town clerk within the ten (10) day limit, the town council shall consider the request.  The town clerk shall set a date for the hearing within thirty (30) days from the date the written request is filed with the clerk.

(3)            The town council shall hear and consider evidence offered by any interested person to determine whether the town manager, or said manager’s designee, properly denied issuance or renewal of the permit, or properly suspended or revoked the permit in accordance with the provisions of this article.  During such hearing, the formal rules of evidence shall not apply.

(4)        By a proper vote, the town council shall either affirm or reverse the town manager’s actions concerning the permit or application, in accordance with the provisions of this article.  Any dispute of fact must be decided on the basis of a preponderance of the evidence.  The decision of the town council is final.

(5)        If the town council affirms the town manager’s denial or suspension or revocation, the aggrieved party may not re-apply for a rave club permit until at least twelve (12) months have elapsed since the date of the town council’s action.

(Ord. No. 02-11, 16, 4-16-02)

Sec.  10-76.  Transfer of permit.

A permittee shall not transfer a permit to another person, nor shall a permittee operate a rave club under the authority of a permit at any place other than the address designated in the application.

(Ord. No. 02-11, 17, 4-16-02)

Sec.  10-77.  Penalties and remedies.

(a)  A person who operates or causes to be operated a rave club without a valid permit or in violation of any provision of this article shall be subject to the following penalties and/or remedies:

(1)        Suspension or revocation of the rave club permit.

(2)        Violations of this article may be punished as provided in section 1-9 of this code or pursuant to code enforcement proceedings pursuant to section 2-5, town code.

(3)        Each day that any violation continues after receipt of written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

(4)        In addition to the penalties and remedies above, the town may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this article, as provided by law.

(b)  In addition to the penalties described above, the town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct, or abate a violation of this article.  To the extent not inconsistent with Florida law, a violation of this article shall be subject to an injunction, temporary and permanent, without the necessity of showing an irreparable harm.  A violation of this article shall constitute a public nuisance.

(Ord. No. 02-11, 18, 4-16-02)

Sec. 10-78—10-79.  Reserved

ARTICLE V. Sexual Predators and Offenders.

Sec. 10-80. Findings.

(a) Repeat sexual offenders, sexual offenders who use physical violence, sexual offenders who prey on children, and sexual predators are sexual violators who present an extreme threat to the public safety. Sexual violators are extremely likely to use physical violence and to repeat their offenses, and many sexual violators commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual violator victimization to society at large, while incalculable, clearly exorbitant.

(b) It is the intent of this article to serve the town’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the town by creating areas around certain defined locations where children regularly congregate in concentrated numbers wherein certain sexual violators are prohibited from establishing temporary or permanent residence.

(c) The high level of threat that a sexual violator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the town with sufficient justification to implement a strategy that includes restricting sexual violators from residing near certain areas where children are most likely to congregate and to be exposed to the potential threats of sexual violators.

(d) The town has a compelling interest in protecting the public from sexual violators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual violators to live in areas other than where large numbers of children may congregate.
(Ord. 06-12, 1, 8-15-06)

Sec. 10-81. Definitions.

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

“Day care center” means and refers to any child care center or child care arrangement that provides care for more than five (5) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The term includes child care centers, nursery schools, and kindergartens, when not accessory to an elementary school, but does not include the following: public schools and nonpublic schools which are in compliance with the compulsory school attendance law of the State of Florida; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods.

“Permanent residence” means a place where the person abides, lodges, or resides for 5 or more consecutive days.

“Sexual Violator” means any person who has been:

1. designated as a “sexual predator” pursuant to s. 775.21, Florida Statutes; or

2. is a “sexual offender” as defined in s. 943.0435, Florida Statutes.

“Temporary residence” means a place where the person abides, lodges, or resides for a period of 5 or fewer days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.

“Temporary shelter” is defined as any public or private building or facility which is offered to individuals and families who are homeless or who evacuate their homes or a hotel, motel, or other place of temporary residence as a result of a storm, flood, hurricane, tornado, explosion, fire, or other incident of any nature as a place to reside, rest, sleep, or eat.
(Ord. 06-12, 2, 8-15-06)

Sec. 10-82. Sexual violator residence prohibition; penalties; exceptions.

(a) Prohibited location of residence. It is unlawful for any person who is a sexual violator to establish a permanent residence or temporary residence within 2,000 feet of any public school, day care center, or public park.

(b) Measurement of distance. For purposes of determining the minimum distance separation shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, day care center, or public park.

(c) Penalties. A person who violates this section shall be punished as provided in section 1-9, town code.

(d) Exceptions. A sexual violator residing within 2,000 feet of any school, day care center, or public park does not commit a violation of this section if any of the following apply:

(1) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to ss. 775.21, 943.0435 or 944.607, Florida Statutes, prior to October 1, 2006;

(2) The person was a minor when he/she committed the offense and was not convicted as an adult;

(3) The person is a minor; or

(4) The school, public park, or day care center within 2,000 feet of the sexual violator’s permanent residence or temporary residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to ss. 775.21, 943.0435 or 944.607, Florida Statutes.
(Ord. 06-12, 3, 8-15-06)

Sec. 10-83. Property owners prohibited from renting real property to certain sexual violators; penalties.

(a) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence of temporary residence pursuant to section 10-82 of this code, if such place, structure, or part thereof, trailer or other conveyance, is located within 2,000 feet of any school, day care center, or public park.

(b) A property owner’s failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as otherwise provided in this Code or chapter 162, Florida Statutes.
(Ord. 06-12, 4, 8-15-06)

Sec. 10-84. Temporary emergency shelters; Sexual predators, sexual offenders, and sexual violators notification requirements.

(a) Any person who is required by Florida law to register as a “sexual predator” or “sexual offender” pursuant to ss. 775.21, 943.0435, or 944.607, Florida Statutes, as revised from time to time, or is otherwise a sexual violator, and who utilizes or intends to utilize a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered “sexual predator,” “sexual offender,” or a sexual violator pursuant to this code. The “sexual predator,” “sexual offender,” or other sexual violator shall be assigned to a temporary shelter specifically designated for use by “sexual predators,” “sexual offenders” and sexual violators.

(b) The town manager in cooperation with the chief of police may, but is not obligated to, designate a public building or jail or other facility as a temporary shelter to be utilized by sexual violators.

(c) Failure of a sexual predator, sexual offender, other sexual violator to make notification as required in sub-section (a) shall constitute a violation of a municipal ordinance punishable as provided in section 1-9, town code, unless the temporary shelter becomes the temporary residence or permanent residence of the sexual violator in which case the sexual violator shall comply with the registration requirements of section 10-85 of this code. During the time that the temporary shelter is not a permanent residence or temporary residence of the sexual violator, the sexual violator need not register this location with the chief of police, or the chief’s designee.
(Ord. 06-12, 5, 8-15-06)

Sec. 10-85. Sexual violator registration.

(a) Registration.

(1) Except if a sexual violator is in the physical custody of the Florida Department of Corrections, a private correctional facility, a Federal correctional agency, or the sheriff of Brevard County, a sexual violator convicted of an act causing the sexual violator to be convicted as a sexual predator or sexual offender and classified as such which act occurred after August 15, 2006, and who is a permanent resident or a temporary resident within the town must register with the town’s chief of police, or his designee, by providing the following information to the department:

a. Name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence, within the state or out of state, including an address and a post office box address (if any), date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the sexual violator. A post office box shall not be provided in lieu of a physical residential address.

1. If the sexual violator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, Florida Statutes, the sexual violator shall also provide to the chief of police, or the chief’s designee, written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual violator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual violator shall also provide to the chief of police, or said chief’s designee, written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

2. If the sexual violator is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual violator shall also provide to the chief of police, or the chief’s designee, the name, address, and county of each institution, including each campus attended, and the sexual violator’s enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the chief of police’s office.

b. Any other information determined necessary by the town chief of police, including criminal and corrections records; non-privileged personnel and treatment records; and evidentiary genetic markers when available.

(2) Sexual violators required to register pursuant to this section shall register or re-register in person at the office of the town chief of the police, or the chief’s designee, within 48 hours after establishing a permanent residence or temporary residence in this town. Any change in the sexual violator’s permanent residence or temporary residence or name, after the sexual violator registers in person at the office of the chief of police, or the chief’s designee, shall be accomplished in the manner provided herein. When a sexual violator registers with the town chief of police,or the chief’s designee, the chief of police shall take a photograph and a set of fingerprints of the sexual violator and compare them against records on file with the Florida Department of Law Enforcement to assure that the sexual violator’s registration on file with the department is correctly registered. If the records of the Florida Department of Law Enforcement do not correspond with the registration filed with the chief of police, the chief of police shall immediately notify the department in writing.

(b) Time of registration.

(1) If a sexual violator’s birth month is January, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of April and October. If a sexual violator’s birth month is February, the sexual violator must register or reregister with the town chief of police during the months of May and November. If a sexual violator’s birth month is March, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of June and December. If a sexual violator’s birth month is April, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of July and January. If a sexual violator’s birth month is May, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of August and February. If a sexual violator’s birth month is June, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of September and March. If a sexual violator’s birth month is July, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of October and April. If a sexual violator’s birth month is August, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of November and May. If a sexual violator’s birth month is September, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of December and June. If a sexual violator’s birth month is October, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of January and July. If a sexual violator’s birth month is November, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of February and August. If a sexual violator’s birth month is December, the sexual violator must register or reregister with the town chief of police, or the chief’s designee, during the months of March and September.

(2) Additional times of registration.

(A) Within 48 hours after any change of the sexual violator’s permanent residence or temporary residence within the town or change in the sexual violator’s name by reason of marriage or other legal process, the sexual violator shall report in person to the town chief of police, or the chief’s designee, and shall register as set forth above.

(B) A sexual predator who vacates a permanent residence or temporary residence within the town and fails to establish or maintain another permanent residence or temporary residence within the town shall, within 5 days after vacating the permanent residence or temporary residence within the town, report in person to the town chief of police, or the chief’s designee. The sexual violator shall specify the date upon which he or she intends to or did vacate
such permanent residence or temporary residence. The sexual violator must provide or update all of the registration information required under this section. The sexual violator must provide an address for the permanent residence, temporary residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent residence or temporary residence.

(C) A sexual violator who remains at a permanent residence or
temporary residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such temporary residence or permanent residence, report in person to the town chief of police, or the chief’s designee, for the purpose of reporting his or her address at such residence.

(3) A sexual violator who intends to establish residence in another municipality, state, or other jurisdiction shall report in person to the town chief of police, or the chief’s designee, within 48 hours before the date he or she intends to leave this town to establish a permanent residence or temporary residence in another municipality, state, or other jurisdiction. The sexual predator must provide to the town chief of police, or the chief’s designee, the address, municipality, county, and state or other location of intended residence. The chief of police shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual predator’s intended residence. The failure of a sexual predator to provide his or her intended place of residence is punishable as provided in section 1-9 of this code.

(4) A sexual violator who indicates his or her intent to reside in another municipality, state or other jurisdiction and later decides to remain in this town shall, within 48 hours after the date upon which the sexual violator indicated he or she would leave this town, report in person to the chief of police, or the chief’s designee, of his or her intent to remain in this town. A sexual violator who reports his or her intent to reside in another municipality, state or other jurisdiction, but who remains in this town without reporting to the chief of police in the manner required by this code, commits a municipal ordinance violation punishable as provided by section 1-9, town code.

(5) The chief of police is responsible for maintaining all information obtained from sexual violators concerning registration and re-registration of sexual violators within the town. The chief of police shall also be responsible for determining whether the aforesaid information is consistent with registration information of the on-line internet web-site maintained by the Florida Department of Law Enforcement. If current information on file with the chief of police is inconsistent with information on the on-line internet web-site maintained by the Florida Department of Law Enforcement, the chief of police shall advise the Brevard County sheriff and the Florida Department of Law Enforcement.

(c) The chief of police’s sexual violator registration list, containing the information described above is a public record. The chief of police is authorized to disseminate this public information by any means deemed appropriate to assure the requirements of this code are complied with, unless the chief of police determines that the information is confidential or exempt from public disclosure pursuant to Florida or Federal law.
(d) A sexual violator must maintain and update, as provided herein, registration with the town for the duration of his or her residency within the town, unless the sexual violator is no longer required by law or court order to maintain registration with the state of Florida or, until such time as the sexual violator moves from the town and is no longer an occupant of housing or a resident within the town.
(Ord. No. 06-12, 6, 8-15-06)