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Ordinance 121 Regulation of Conduct Constituting an Offense by Persons in the Village ORDINANCE N0, ~1-1965 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REGULATING CONDUCT CONSTITUTING AN OFFENSE BY PERSONS IN THE VILLAGE; PREVENTING VICE, DISORDER AND IMMORALITY; PROMOTING PUBLIC PEACE, SAFETY AND HEALTH; PROTECTING PUBLIC AND PRIVATE PROPERTY; PROTECTING PUBLIC MORALS; PRO- HIBITING OFFENSES INVOLVING CHILDREN; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. ~ ~ ~ ~ r ~ ~ ~ ' BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AS FOLLOWS: Section 1. Short Title. This Ordinance shall be known and may be cited • as the "Offenses Ordinance of the Village of North Palm Beaeh." Section 2. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) ''Village" is the Village of North Palm Beach. (2) "Barbiturate and other hypnotic or somnifacient drugs" includes the salts and derivatives of barbituric acid, also known as malony-urea, having hypnotic or somnifacient action, and compounds, preparations, and mixtures thereof. The term also includes amytal, veronal, barbital, acid diethyl-barbituric, or any salts, deriva- tives, compounds, preparations, and mixtures thereof having hypnotic or somnifacient action. The term also includes pare-animo-benzene sulfonamide, sulfanilamide, sulfa- midyl, prontylin, prontosil, neo prontosil, neo protylin edimalin, sulfonamid, or salts, derivatives, compounds, preparations and mixtures thereof. The term also includes any registered, trademarked, or copyrighted preparation or compound registered in the • United States Patent Office containing more than one grain of the avoirdupois of fluid ounce of a substance within its definition. (3) "Narcotic Drug" includes opium, coca leaves, demerol, and the several alkaloids de"rived therefrom, the best known o£ these alkaloids being morphia, heroixt , ' and codeine, obtained from ipium, and cocaine derived from the coca plant; and all compounds, salt, preparations, or other derivatives obtained either from the raw mat- erials or from the various alkaloids of opium, coca leaves, and demerol. The term "Narcotic drugs' also includes India hemp and its various derivatives, compounds and preparations, and peyote in its various forms, demerol and its derivatives, compounds, ' salts, and preparations. The term 1tnarcotic drug" also includes marihuana, being a product of the plant Cannabis sativa L, and any preparation or derivative of the fibers of the plant Cannibis sativa L. "Narcotic drug" also includes opiates which are drugs ORDINANCE N0, 121-19b5 Page -2- known to have addiction-forming or addiction-systaining liability similar to morphine and cocaine, and the term '"opiates" shall include by way o£ example, but not by way of limitation, the drugs Amidone, Isoamidone, and Keto-Bemidone, and Tropacocaine Hydro- chloride, a synthetic drug. (4) t'Persoa" is any person, firm, partnership, association, corporation, ' company or organization of any kind. Section 3, Offenses Aeainst Public Peace. No person in the Village shall: (I) Tumultucus Conduct, Disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person • shall knowlingly permit such conduct upon any premises owned or possessed by him or under his control. (2} Assault. Beat, strike, wound, imprison, or inflict,violence on another where the circumstances show malice or assault another with intent to commit murder, rape, mayhem, robbery, or larceny. Nor shall any person assault another with a lethal weapon, instrument, or thing with intent to commit upon the person of another any bodily injury where no considerable provocation appears or where the circumstances of the assault show malice. ' (3) Fiehtina. Fight another person except in boxing exhibitions duly authorized and licensed d l un er aw. (Q) Vaerancv. Have the status or condition of a "vagrant,"' The following persons shall be deemed vagrants: (a) No Lawful Means of Support, Any person having no lawful means of employment and having no lawful means of support realized solely from lawful occupations or sources or, any person taho lives idly and without visible means of support. (b) Loiterine. Any person found loiterixig or strolling in, about, or upon any street, alley, or other public way or public place, or at any public gather- . ing or assembly, or in or around any store, shop, or business or commercial establish- ment, or on any private property or place without lawful business and conducting him- self in a lewd, wanton or lascivious manner in speech or behavior. (c) Burelars= Tools, Any person upon whose person or in whose posses- ' sion shall be found any instrument, tool, or other implement for picking locks or pockets, or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, misdemeanor or the violation of any ordinance, and who shall fail to account satisfactorily for the possession o£ the same. ' (d) Unlawful Occupancy. Any person wandering abroad and occupying, lodging, or sleeping in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any automobile, truck, or other vehicle, without owning the same or without permission of the owner or person entitled to•the possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of himself. • ORDIIQANCE N0. 121-1965 Page -3- (e) Bea~ine. Any person wandering abroad and begging; or any person who goes about from door to door of rivate homes or co rci d b l i t bli h p mme a an us ness es s a - ments, or places himself in or upon any public way or public place to beg or receive alms for himself. (f) Abroad at Unusual Hours. Any person who wanders about the streets, ' alleys, or other public ways or places, or who is found abroad at late or unusual-hours in the night without any visible or lawful business and not giving a satisfactory account of himself'. (g) Illegal Association. Any person who keeps, operates, frequents; . lives in, or is employed in any house or outer establishment of ill fame, or who (whether married or single) engages in or commits acts of fornication or perversion for hire. (h) Illeeal Emtolovment. Any person who frequents or loafs, loiters, or idles is or around or is the occupant of or is employed in any gambling establishment or establishment where intoxicating liquor is sold without a license. (i) Fraudulent Schemes. Any person who shall engage in any frandulent scheme, device, or trick to obtain money or other valuable thing from others or any person who aids or assists such trick, device or scheme. ' (j) Concealine Stolen Property. Any person who keeps a place where lost or stolen property is concealed. (k) All persons who by the common Iaw are vagrants, whether embraced in any of the foregoing classifications or not. (5) U~tlawful to Disturb Religious Worahin, Disquiet or disturb any congre- gation or assembly for religious worship by making a noise or by rude or indecent behavior, or profane discourse within their place of worship, or so near the same as to disturb the order or solemnity of the meeting. Section 4. Offenses against Public Safety. No person in the Village shall: • (1) Narcotics. (a) Unlawful Possession. Sell, give away, use or possess for any purpose whatever any narcotic drug, except as provided herein. ' (b) IInlawful Association. Establish, contribute to, support, maintain, become an inmate of or in an wa b t d ith , y y e connec e w any building or part thereof, or place of any description whatever, or permit such building or part thereof, or place of any description whatever owned by or under the control of such person to be used for the manufacture, preparation, sale, storage, smoking, or use of any narcotic drug, except as ' provided herein. (c) Distribution by Licensed Practioners. (c-1) Physicians. A licensed physician, dentist, or veterinary surgeon shall be permitted to dispense or distribute narcotic drugs to a patient in the • course of his professional practice only, and such licensed practitioner shall not be permitted to possess narcotic drugs for any other purpose. • ORDINANCE NC. ]21-1965 Page -4- (c-2) Pharmacists. A licensed pharmacist shall be permitted to dis- pense or distribute narcotic drugs to patients under and in pursuance of written pre- scriptions issued by any licensed physician, dentist, or veterinary surgeon, and such licensed pharmacist shall not be permitted to possess narcotic drugs for any other purpose. (c-3) Record of Distribution. All instances of professional distri- ' bution of narcotic drugs as provided for herein shall be recorded in suitable form and filed and preserved in a manner so as to be readily accessible for inspection by an law enforcement officers of the Village. (c-4) Renewal Prohibited. No prescription for narcotic drugs shall be • renewed. (d) Possession by Patients. Any patient shall be permitted to possess na narcotic drugs distributed or di:spensed to him under the provisions of this sub-section, but such possession and use must be in accordance with the terms of the prescription and prescribed treatment; (e) Possession by Manufacturer, A person who is s licensed manufacturer or wholesaler of narcotic drugs shall be permitted to possess narcotic drugs for the pur- poses o£ wholesale delivery, compounding, preparation, and manufacture only, and the same shall only be resold to other persons permitted by this subsection to resell, or dispense or distribute narcotic drugs in the course of a licensed manufacturing or whole- sale, a licensed professional practice, or a licensed pharmaceutical business. (e-1) Pharmacist as Manufacturer. A licensed manufacturer or whole- Baler permitted to possess narcotic drugs in sub-section (e) above may also be a licensed pharmacist and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any narcotic drug except upon written prescription as herein provided. (f) Seizure of Narcotic Druss. All narcotic drugs in the possession of any person convicted o£ a violation of this sub-section, shall be seized by, confiscated by, and forfeited to the Chief o£ Police who shall make proper disposition thereof. (g) Seizure of Vehicle. Arty vehicle from which seized drngs are removed, the vehicle being owned by the person convicted o£ a violation o£ this sub-section, shall be ' seized by, confiscated by, and forfeited to the Chief o£ Police in the name of the Village and subsequently sold at public auction to the highest bidder by the Village Manager. (h) Exempted Preparations, This sub-section shall not apply to the admistis- tering or distributing or dispensing of any medical preparation that contains in one ' fluid ounce, or i£ a solid or sem-solid preparation in one avoirdupois ounce, not more than one grain of codeine or any o£ its salts. Provided, that the preparation adminis- tered or distributed or dispensed shall contain some drug or drugs o£ medicinal qualities in addition to those possessed by the narcotic drug alone. Such preparation shall be ., ~~ ORDINANCE N0. 121-1965 Page -5- ' administered, or distributed or dispensed in good faith and not for the purpose of evading this sub-section. However, no person shall administer, dispense, or sell, under the exemption of this section, any preparation included in this sub-section, when he knows, or can by reasonable diligence ascertain, that such administering, ' dispensing, or selling will provide the person to whom or for whose use such pre- paration is administered, dispensed, or sold, within any forty-eight (4g) consecutive hours, with more than four (/~) grains of codeine or any of its salts. (i) Exempted Persons. The provisions of this sub-section restricting • the possession and control of narcotic drugs shall not apply to common carriers or warehousemen, engaged in lawfully transporting or storing such narcotic drugs, or to any employee of such common carriers or warehousemen within the scope of his employ- went, or to public officers or employees in the performance of official duties requir- ing possession or control of narcotic drugs, or to persons aiding such officers or employees in performance of such duties. (2) Barbiturates and Other Hypno tic or Somn ifacient Druas. (a) Unlawful Possession. Sell, give away, use or possess for any purpose ' whatever any barbiturates and other hypnotic or somnifacient drugs, except as provided herein. (b) Anlawful Association. Establish, contribute to, support, maintain, become an inmate of, or in any wavy be connected with any building or part thereof, or place of any description whatever, or permit such building or part thereof, or place of any description whatever owned by or under the control of such person to be used for the manufacture, preparation, sale, storage, smoking, or use of any barbiturates and other hypnotic or somnifacient drugs, except as provided herein. (c) Distribution by Licensed Practitioners. • (c-1) Physicians. A licensed physician, dentist, or veterinary surgeon shall be permitted to dispense or distribute barbiturates and other hypnotic or somnifacient drugs to a patient in the course of his professional practice only, and such licensed practitioner shall not be permitted to possess barbiturates and other ' hypnotic or somnifacient drugs for. any other purpose. (c-2) Pharmacists,. A licensed pharmacist shall be permitted to dis- pense or distribute barbiturates and other hypnotic or somnifacient drugs to patients under and in pursuance of written prescriptions issued by any licensed physician, den- tist, or veterinary surgeon, and such licensed pharmacist shall not be permitted to possess barbiturates and other hypnotic or somnifacient drugs for aryy other purpose. (c-3) Record of Distribution. All instances of professional distribu- tion of barbiturates and other hypnotic or sonnifacient drugs as provided for herein • shall be recorded in a suitable form and filed and preserved 3.n a manner so as to be readily accessible for inspection by any law wnforcement officers of the Village. ORDINANCE N0. 121-1965 Page -6- (c-Q) Renewal Frohibi.ted. No prescription for barbiturates and other hypnotic or somnifacient drugs shall be renewed. (d) Possession by Pat;ients. Any patient shall be permitted to possess barbitu- • rates and other hypnotic or somai.facient drugs distributed or dispensed to him under the provisions of this sub-section, but such possession and use must be in accordance with the terms of the prescription and prescribed treatment. (e) Possession by Manufacturer. A person who is a licensed manufacturer or wholesaler of barbiturates and other hypnotic or somnifacient drugs shall be permitted to possess barbiturates and other hypnotic or somnifacient drugs for the purpose of whole- sale delivery, compounding, preparation, and manufacture only, and the same shall only be resold to other parsons permitted by this sub-section to resell, or dispense or distribute barbiturates and other hypnotic pr somnifacient drugs in the course of a licensed manu- facturing or wholesale, a licensed professional practice, or a licensed pharmaceutical business. (e-1) Pharmacist as Manufacturer, A licensed manufacturer or whole- saler permitted to possess barbiturates and other hypnotic or somnifacient drrgs in sub- section (e) above may also be a licensed pharmacist and may dispense or distribute bar- biturates and other hypnotic or somnifacient drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any barbiturates and other hypno- tic or somnifacient drugs except upon written prescription as herein provided. (f) Seizure of Barbiturates and Other Hypnotic or Somnifacient Druas. All barbiturates and other hypnotic or somnifacient drugs in the possession of any person convicted of a violation of this sub-section, shall be seized by, confiscated by, and forfeited to the Chief of Police who shall make proper disposition thereof. (g) Exempted Preparations. This sub-section shall not apply to any compound mixture, or perparation containing salts or derivatives of any barbiturate or other hyp- intended and not for the purpose of evading the provisions of this division if: notic or somnifacient drug which is sold in good faith for the purpose for which it is (g-1) Such compound, mvcture, or preparation contains a sufficient quantity of another drug or drugs, in addition to the barbiturate or other hypnotic or cient action; or, somnifacient drug to cause it to produce an action other than its hypnotic or somnifa- (g-2) Such compound, mixture, or preparation is intended for use as a gargle or spray or for external application and contains, in addition to such salts or derivatives, some other drug or drugs rendering it unfit for internal administration. n U . ORDINANCE N0, 121-1965 Page -7- (3) Weapons, ' (a) Carrvina Concealed Weapons. Wear under his clothes, or con- ceal about his person, or display in a threatening manner, any dangerous or deadly weapon including, but not by way of limitations, any pistol, revolver, sling shot, cross- knuckles, or knuckles of lead, brass, or other metal, or any bowie knife, or any knife ' resembling a bowie knife, or any knife with a switch-blade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mech- apical contrivance. (b) Sale of Switch-Blade Knives Prohibited. Sell, offer for sale, • or display any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon within the meaning of sub-section (a) above, and shall be subject to forfeiture to the Village as herein provided. (c) Possession of Dangerous or Deadly Weapons, Have in his pos- session, except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, "B-B gun,++ gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a ++peashooter," ++slingshot,++ or ++beax~y,"or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. (c-1) Exception for Licensed and Other Specific Premises. The prohibition of sub-s ection (c) above shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space out- side the limits of such gallery, grounds or residence; and further provided, that nothing • herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from any range or gallery or to or from an area where hunting is allowed by law. (c-2) Exception for Authorized Officials. The. prohibition of this sub-section shall not be construed to forbid IInited States marshals, sheriffs, con- stables, and their deputies, and ant regular, special, or ex-officio police officer, or any law enforcement officer from carrying or wearing, while on duty, such weapons as shall ' be necessary in the proper duscharge of their duties, (d) Display and Sale of Speci~Zied Weapons, No pawnbroker, second- hand dealer or other person engaged in business in the Village shall display or place on exhibition in any show window or other window Facing any street, any pistol, revolver, or other firearm, with barrel less than twelve (12) inches in length, or any brass or metal • knuckles, or any club loaded with lead or other weight, or any blackjack or billyclub. QRDINANCE NC, 121-1965 Page -8- ' (e) Sales to Intoxicated Persons and iKinors, Purchase from, or sell, loan, or furnish any weapon in which any explosive substance can be used to, any person under the influence of alcohol or any narcotic drug, stimulant, or depressant, or to any person in a condition of agitation and excitability, or to a minor under the age of 18 years. ' (f) Records Reeuired. Every second-hand dealer, pawnbroker, or other person engaged in the sale, rental, or exchange of any weapons described in sub- sections (a) and (d) above shall keep a record of each such weapon purchased, sold, rented, or exchanged at retail. • (f-1) Time of Recordation. The record herein shall be made at the time of the transaction, in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; his or her age; physical description, occupation, residence, and, if residing in a munici- pality; the street and number where he or she resides, the make, caliber, and finish of the firearm, together with the number or serial letter thero£, if any; the date of the purchase, sale rental, or exchange of such weapon; and the name of the employee or other person making such purchase, sale, rental, or exchange. (f-2) Report to Chief of Police. Every second-hand dealer, pawnbroker, or other person engaged in the sale, rental, or exchange of any weapons de- scribed in sub-sections (a) and (d) above shall deliver daily reports to the Chief of Police of every such purchase, sale, Loan, or gift. Thy report shall be on forms pro- vided by the Chief of Police and shall set forth the name in full, the residence, age and physical description, and the occupation of the person to whom or from whom such gun pistol, firearm or other dangerous or deadly weapon has been purchased, sold, loaned, or given. (g) Forfeiture of Weapons. Every person convicted of a violation • o£ this sub-section shall forfeit to the Village such dangerous or deadly weapon sd concealed or displayed. (h) Disposition of Confiscated Weauons. Every police officer, ' upon making any arrest and taking a weapon used in violation o£ this Ordinance, shall deliver the same to the Village Judge to be held by him until the final determination of the prosecution for such offense; and upon the finding of guilt, it shall then be the duty of said Village Judge to deliver said weapon forthwith to the Chief of Police who shall make disposition of the weapon. (/~) Resort of Treatment of Wounds, Every physician or surgeon duly admitted to the practice of medicine or surgery in the State of Florida, whenever he shall treat any person in the Village for a wound inflicted by a dangerous or deadly weapon of any kind, shall notify the Village Police Department within one hour of the time when he renders such professional service, or is called upon to render the same. ORDINANCE 121-1965 Page -9- (5) Possession of Bnralars' Tools, Possess any nippers known as burglars' nippers, any pick lock, skeleton key, key to be used with bit or bits, jimmy, or any other burglarst instruments or tools of whatever kind or description, unless it be shown that such possession is innocent or for lawful purposes. (6) ThrowinE of Missiles. Throw any stone or any other missile upon or ' at any vehicle, building, tree, or other public or private property, or upon or at any person in any public or private iaay or place or enclosed or unenclosed ground: (8) Fireworks. (a) Use Prohibited. Cast, throw, light, or fire any squib, rocket, • cracker, torpedc, grenade, gun, revolver, pistol, or cartridge, oroother combustible fire- crackers or fireworks of any kind. (a-1) Exception for Specified Sales. The prohibition of this sub-section shall not apply to any such article or articles by wholesalers to each other, or to the sale o£ any such artic}.e or articles at wholesale to merchants conducting business entirely without the Vi}:lage, or to the sale by wholesalers for public demon- strations as herein provided. (a-2) Exception for Specified Uses. The prohibition of this ' sub-section shall not apply to the sale, storage, or use of railroad track torpedoes, or other signalling devices used by railroads, or to the sale, storage, or use of flash- light composition by photographers, or dealers in photographic supplies, or to prevent any public demonstration or display of fireworks of any kind if conducted under proper police and fire supervision after application made and permit issued by the Director of Public Safety for such demonstration. (9) Indecent Exposure. Swim or bathe in water in the Village where such conduct is allowed unless wearing a bathing suit or other suitable garment to protect his person from exposure. (10) Bonfires, Make or assist in making any bonfire in or upon any public street or place within the Village without the permission o£ the Director of Public Safety. (ll) False Alarm of Fire or Need for Police or Ambulance Assistance. Inten- ' tionally make, turn in, or give false alarm o£ fire, or of need for police or ambulance assistance, or aid or abet in the commission of such act. (12) False Report of Crime. Make to, or file with, the Police Department of the Village any false, misleading, or unfounded statement or report concerning the corn- ' mission or alleged commission of +any crime occurring within the Village. (13) Interference with Police Department. (a) Resistive Officer. Resist any police officer, any member o£ the Police Department, or any person duly empowered with police authority, while in the dis- charge or apparent discharge of his duty, or in any way interfere with or hinder him in the discharge o£ his duty. • ORDINANCE N0, 121.-1965 P 10 - age - (b) Assistine its Eacane. Offer or endeavor to assist any person in the custody of a police officer, a member of the Police Department or a person empowered with police authority to escape or to attempt to escape from such custody, (c) Imperso~atine an Officer. No person, other than an official police officer of the Village, shall wear or carry the uniform, appareh badge, identification card or any other insignia of office like or similar to, or a colorable imitation of that adopted and worn or carried by i;he official police officers of the Village. (1~) Escane of Prisoners. (a) Assisting in Escane of Prisoners. Make available to, present to, or place within the reach o£ any person confined under authority of the Village any intoxicating or malt liquors, or any tool, implement, or other thing calcvlated to aid in the escape of such person so confined or any other person confined under authority of the Village. (b) Aidine Eacanees. Assist or aid, or attempt to assist or aid any person in the custody of or confined under the authority of the Village to escape from jail, place of confinement, or custody. (c) Escaue from Jail, While a prisoner in the Village Jail, or 37z gny other place where prisoners are confined, or otherwise in custody o£ and confined by the Village, escape or attempt to escape or to assist others to escape or attempt to escape from such custody or confinement. (15) Reeistration of Convicted Persons. Every person who, within five years prior to the effective date o£ tk~is Ordinance has been convicted o£ a felony under the laws,of the United States, of the State of Florida, or of any other State, or any other Government or Country, or who has violated any national or state law relating to the possession, sale or transportation of any narcotic, and who is residing in the Village on the fffective date of this OrdinNnce or who comes into the Village from am point out- side the Village, whether in transit through the Village or otherwise shall report to the • Chief of Police of the Village within five days o£ the effective date of this Ordinance if residing in the Village on said effective date or within £ort-reight (48) hours after his arrival within the Village if coming into the Village after said effective date, and shall furnish to the Chief of Police a written statement signed by such person, giving the following information: (a) His true name and all aliases which he has used or under which he may have been known. (b) A full and ~.mmplete description o£ his person. ' (c) The kind, character and nature of each crime of which he has been coitvieted: (d) The place where such crime was or crimes were committed and the place of conviction of the same. (e) The name under which he was convicted i.n each instance and the date thereof . ORDINANCE N0, 121-1965 Page -11- (f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced. (g) The location and address of his residence, stopping place, living quarters or place of abode in the Village;;if he has more than one residence, stopping place, or place of abode, that fact must be stated and the location and address of each given. (h) A st atement of the kind of residence, stopping place or place of abode in which he resides, whether the same is temporary or permanent, i,e „ whether the same is a private resddenc e, hotel„ apartment house, or other building or structure, . (i) The length. of time he has occupied each such place of residence, stopping place or place of abode, and the length of time he expects or intends to remain in the Viler ge. (j) Such other information as the Chief of Police shall find reasonably necessary to carry out the intent of this sub-section. (i) X11 Parolees Excepted. This sub-section shall not be construed to apply to arkp person who has received a full pardon for each crime whereof he shall have been convicted. (ii) Photographs and Fingerprints, At the time for furnish- ing such information as required above, the person regis- tering shall be photographed and fingerprinted by the Chief of Police and photographs and fingerprints shall be made a part of the permanent record herein provided for, (iii) False Information, It shall be unlawful for any person required by any provision of this Ordinance to furnish any such report, to furnish in such report any false or fictitious address, or any address other than a true address or intended address, or to furnish in making any such report any false, untrue, or misleading information or statement relating to any information required by any provision of this Ordinance to be made or furnished. (iv) Rerords Confidential. The statements herein required shall at all times be kept by Chief of Police in a file r or files separate and apart from other files and records ma9.ntained and kept by the Police Department of the • Village and shall not be open to inspection by the public or by any person other than a regular member of the Police Department of the Village. (v) Records Available to Police Officials, The Chief of Police shall have the authority to transmit copies of records required herein to the sheriff of any county of the State, to the head of any organized police depart- ment of any municipality in the State, or to the head of any department, o£ the State engaged in the enforcement of any criminal law of this State, or to the head of any Federal law enforcement agency, or to any sheriff or chief o£ police of a municipality, or to the head of any other law enforcement agency of any state in any state or terri- tory outside of the State, when regmest is made in writing by such sheriff or other head of a law enforcement agency asking for the record of a certain person named therein , and stating that such record is deemed necessary for the use of such law enforcement officer or agency for the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose ORDINANCE N0. 121-19b5 Page-12- (vi) Disclosure of Informatiott Illegal. It shall be unlawful for any police officer or employee of the Police Department to disclose to any person any information contained in a statement required hereunder, (16) Hitchhikine. Hitchhike, "thumb rides" or go upon the public streets and highways for the purpose of soliciting free transportation. Section 5. Offenses Against Public Health. (1) Weeds. No owner of any lot, place or area within the Village, or the agent of such owner, shall permit on such lot, place or area, or upon any sidewalk abut- ting the same, any weeds which are 18 inches in height or over that may be growing, lying or located thereon. (a) Notice to Destrov. The Village Manager is hereby authorized and empowered to notify, in writing, the owner o£ any such lot, place or area within the Village or the agent of such owner, to cut, destroy, and/or remove any such weeds which are 18 inches in height or over, found growing, lying or located on such owner+s property, or upon the sidewalk abutting same. Such notice shall be by Registered Mail, addressed to said owner, at his last known address. (b) Action IIoon Non-Compliance. IIpon the failure, neglect, or refusal of any owner or agent so notified, to cut, destroy and/or remove weeds which are 18 inches in height or over, growing, lying, or located upon such owners property, or upon side- walk abutting same, within twenty (20) days after receipt of the written notice provided for in sub-section (a) above, or within thirty (30) days after the date of such notice, in the event the same is returned to the Village Post Office.Department because of its inabliity to make delivery thereof, provided the same is properly addressed to the last known address of such owner, or agent, the Village Manager is hereby authorized and empowered to pay for the cutting, destroying and/or removal o£ such weeds which are 18 inches in height or over, or to order the removal by the Village (c) Charee Inc:Cuded in Tax Bill. When the Village has effected the • removal of such weeds or has paid for their removal, the actual cost thereof, plus accrued interest at the rate of six per rent (6~) per annum from the date of the completion of the world, if not paid by such owner prior thereto, shall be charged to the owner o£ such pro- perty oa the next regular tax bi].1 forwarded to such owner by the Village, and said charge shall be due and a abl b id p y e y sa owner at the time of payment of such tax bill. (d) Recorded Statement Constitutes Lien. Where the full amount due the Villagesis not paid by such owner iwthin sixty (60) days after the cutting, destroy- ing and/or removal of such weeds which are 18 inches in height or over, as set forth in suc-section (b) and (c) above, then, and in that case, the Village Manager shall cause to be recorded in the Mortgage Office of the Pillage a sworn statement showing the cost and expense incurred for the work and the date, place or property on which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege • on the property, and shall remain in full force and effect for the amount due in principal and interest, plus oasts o£ court, if any, for collection, until Final payment has been ORDINANCE N0, 12I-1965 Page -13- - made; said costs and expenses shall be collected in the manner fixed by law for the col- lection of taxes and, further, shall be subject to a delinquent penalty of six per cent (6~) in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent; sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily done, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (2) Stench Bombs. • (a) Throwine or Depositinz. No person in the Village shall throw, drop, pour, deposit or discharge, upon the person or property of another any liquid gaseous or solid substance which is injurious to person or property, or which is nauseous, sickening, irritating ar offeasive to any of the senses with the intent to wrongfully injure, molest, discomfort, discommode or coerce another in the use, management, conduct or control of his person or property, No person shall attempt, or aid in the attempt or commission of any of these prohibited acts. (b) Possession Prohibited. No person in the Village shall manufac- tore or prepare or have in his possession or under his ocntrol, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or which is nauseous, sickening, irritating or offensinve to any of the senses, with the intent to ' use the same in violation o£ section (a) or with intent that the same shall be used in violation of sub-section (a) above, The possession or control by any person of any such liquid, gaseous or solid substance or matter shall be deemed prima facie evidence of intent to use the same or cause the same to be used in violation of sub-section (a) above. (c)= Excepted Uses. The prohibition of sub-section (a) and (b) above shall not apply to police officers acting in Iine of duty or to proprietors of business places or their employees using such substances for the protection of their property and their business places when the substances referred to herein are kept solely for the purpose of repelling robbers, thieves, murderers or other law violators. (3) Expectoration, No person in the Village shall expectorate upon any side- walk, street, floor in public buildings or upon any other public place. Section 6, Offenses Asainst Property. No person in the Village shall, (1) Against Public and Private Property. (a) Iniury or R moval. Willfully, maliciously, wantonly, negligently or otherwise injure, deface, destroy or remove real property or improvements thereto, or moveable or personal property, belonging to the Village or to any person in the Village. (b) Scatterine Rubbish. Throw or permit to be deposited or scattered upon any sidewalk, alley, street, bridge or public passageway, or upon any private pro- perty, any waste or other material. of any kind. ORDINANCE N0. 121-1965 Page -14- (c) Posting Notices. Fasten in any way any show-card, poster or ~J J other advertising device upon public or private property in the Village unless legally (a) Tampering. Tamper with, injure, deface, destroy or remove any s sign, notice, marker, fire-alarm, fire-plug, topographical survey monument or any other authorized to do so. (2) Aeainst Public Property. personal property erected or placed by the Village. ' (b) Obstructing Passageways. Place or erect upon public way or pas- sageway to any building an obstruction of any type, provided that this sub-section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public. (c) Removal of Earth. Move, disturb, or take any earth, stone or other material from any public street, alley, park or other public ground. Section 7. Offenses Involving Morals. No person in the Village shall: (1) Prostitution. (a) Committine:. Commit or offer or agree to commit a lewd act or an act of prostitution or moral perversion. (b) Securing. Secure or offer another for the purpose of committing a lewd act or an act of prostitution or moral perversion. (c) Freouentipg, Be in or near any place frequented by the public, or any public place, for the purpose o£ inducing, enticing, or procuring another to commit a lewd act or an act of prrostitution or moral perversion. (d) Meretricious Display. Make a meretricious display in or near any public place, any place frequented by the public, or any place open to the public view. (e) Transportation. Knowingly transport any person to any place for the purpose of committing a lewd. act or an act of prostitution or moral perversion. (f) Permitting. Knowingly receive, or offer or agree to receive any person into any place or building for the purpose of performing a lewd get, or an act of prostitution or moral perversion, or to knowingly permit any person to remain in any place or building for such purpose. _ (g) Directing. Direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion. (h) Aiding. Aid, abet, allow, permit, or participate in the commission of any of the acts prohibited in sub-section (a) through (g) above. (2) Soliciataion of Drinks. No female person shall frequent or loiter in any tavern, cabaret, or night club, with the purpose of soliciting men to purchase drinks. No proprietor or operator of any such establishment shall allow the presence in such establishment of any woman who violates the provisions of this sub-section. • ORDINANCE N0, 121-1965 Page -15- (3) Lodeina Accommodations, (a) Registration Under Fictitious Name. Write or cause to be written, or knowingly permit to be written, in any register in any hotel- lodging house, rooming house, or other place whatsoever where transients are accommodated in the Billage, any other or different name or designation than the true name of the person wo registered therein, or the name by which such person is generally known. (b) Unlawful Occupancy. Persons of the opposite sex, except husband and wife or parent and minor child, shall not hointly and privately occupy arty room or rooms in any dwelling unit, apartment, lodging house, hotel or any other place where • transients are accommodated. (c) Occupancy by Persons of Opposite.Sex. No proprietor, manager, or other person in charge of such kxotel, lodging house, rooming house, or other place where transients are accommodated, shall rent or assigh rooms for joint, private occupancy by persons of the opposite sex unless such persons shall be registered as-husband and wife, or as parent and minor child. (c-~.) Reasonable Doubt of Lawful Relationship. No proprietor, manager, or other person in charge of any hotel, lodging house, rooming house, or other place where transients are accommodated, shall rent or assign rooms for joint, private occupancy if, notwithstanding the lawful appearance of the registration, he has reasonable cause to believe such transients not to be husband and wife or parent and minor child, and when such transients are unknown to him, he shall not receive them as guests without first requiring some reasonable evidence of a lawful relationship. (d) Multiple Nieht Rentals. No proprietor, manager, or other person in charge of any place where transients are accommodated for sleeping or lodging purposes shall let any room or rooms more than once between the hours of 6 p.m. and 6 a.m. the next day except to bona fide travelers with baggage (!~) Vulear LanEUa2e. Use vulgar, profane, or indecent language on any public • street or other public place or in any public dance hall, club dance, skating rink, or place of business open to public patronage. (5) Indecent Exposurq. Publicly expose his persoa or make any indecent gestures. (6) Apparel of Onposi.te Sex. Appear in public in the dress of the opposite sex. (7) Window-Peepine. Look, peer, or peep into, or be found loitering around or within view df, any window not on his own property with the intent of watching or looking through said window. (8)) Gamblin¢. (a) Participation Prohibited. Engage in a game of chance prohibited by the statues of the State of Florida or ordinances of this Village. ORDINANCE N0, 121-1965 Page -16- (b) Possess ion 'of Materials:, Have in his possession any evidence of illegal gambling in the nature of policy or pool tickets, slips or checks or memoranda of spy combination or bet, or any policy wheel, dice, implement, apparatus or material of any form of illegal gambling or lottery. (c) Owner of Premises. No person being the owner or person in_control of premises shall knowingly permit the use or occupancy thereof for gambling. ls i (9) A . ma n i (a) Cruelty to Animals, Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any animal; or cause any • of these acts to be done. (b) Food and Shelter, Shall fail to provide any animal in his charge or custody with necessary sustenance, drink, and protection from the elements, or cause any of these acts to be done. (c) Abandonment. Abandon any animal, or cause such act to be done. (d) Fight IIoon. Exhibition, Maintain any place where fowls or any a animals are suffered to fight upon exhibition, or for sport upon any wager. (e) Poisonine Does, Poison any dog or dogs or distribute poison in, any manner whatsoever with the intent or for the purpose of poisoning any dog or dogs. (f) Killine Animals, Frighten, shoot at, wound, kill, take, capture, ensnare, net trap or in any other manner molest or injure any robin, lark, whipporwill, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red-winged blackbird, crow, raven, oriole, kingbird, mocking bird, song-sparrow, or other song bird or insecti- vorous bird; or in any manner molest or injure the nest eggs or young of any such bird; or have in possession the nest eggs, young or body of such bird, or wound or kill any domestic pets found within the Village. (10) Lookouts for Illeeal Acts. Act as a guard or lookout for any building, • premises or establishment used for gambling, prostitution, or any other form of vice or illegal act, or where intoxicating liquors are illegally kept, sold or purchased, or for any person soliciting, offering or engaging in prostitution, gambling or any other form of vice, or illegal act, or any prostitute, on any street or sidewalk. Nor shall any person give any signal intended to, or calculated to warn, or give warning of the approach of any peace officer to any person in or about such building or premises or places men- tinned herein. section 8, Offenses hsvolvine Children, (1) Offenses Affecting Children. (a) Wron~zs to Children. No person having the care, custody, control, or confidence of or influence over any child shall willfully cause or permit the life of such child to be endangered, or the health of such child to be injured, or the • morals of such child to be impaired; or shall willfully cause or permit such child to O ORDINANCE N0, 27-1965 Page -17- be placed in such a situation, business, or occupation that its life, health, or morals shall be endangered; or shall willfully cause or permit such child to be placed in such a situation, business, or occupation that its life, health, or morals shall be endangered; or to willfully abandon such child; or shall torture, torment, cruelly punish, or will- fully or negligently deprive of necessary food, clothing or shelter, or in any other manner injure such child unnecessarily, (2) G f ur ew, (a) Persons under Sixteen Years of Age. It shall be unlawful for any person under sixteen years of age to be on the streets of the Village after ten o~clock p,m, until daylight unless such person be accompanied by parent, guardian or • adult chaperon, or unless such person is on direct route home from a gathering supervised by an adult chaperon. (b) Responsibility o£ Parent or Guardian. It shall be unlawful for any parent or guardian to suffer or permit any person under sixteen years of age who is under such parent or guardian's care, custody or control to be on the streets any night after ten o'clock until daylight unless such person be accompanied by parent, guar- dian or adult chaperon, or unless such person is on direct route home from a gathering supervised by an adult chaperon. (3) Maintenance of Coin-operated Amusement Devices Within Three Hundred Feet of School Grounds Prohibited, No coin-operated amusement table, marble board or other similar game and device shall be located or kept or allowed to be operated on any premises within three hundred feet of any school grounds. Section 9. Offenses Involving Advertising, (1) Definition o£ "Bill Posting Agency." The term "bill posting agency" shall be construed to mean any person posting advertising matter or distributing advertis- ing matter throughout the Village. (2) Greeting Noise for Purpose o£ Advertisin It shall be unlawful • for any person, firm or corporation, either as principal, agent or employee, to play, use or operate for advertising purposes, or for any other purpose whatsoever, on or upon the public streets, alleys, parks or thoroughfares in such Village, any device known as a sound truck, loud speaker or sound amplifier, or radio or phonograph with a loud speaker or sound amplifier, or any other instrument known as a calliope or instrument o£ any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle or mechanism or standing upon such streets or places; provided, however, that such devices may be permitted for public or charitable purposes after written permission for same is granted by the Chief of Police. (3) Distribution of Handbills. Samples. Etc.. Generally, It shall be unlawful for any person to distribute or give out any handbills, tickets, samples or mer- chandise or other kind of advertising matter, unless such person is a licensed bull post- ing agency; provided, however, that this section shall not be construed to prevent persons from distributing advertisements of their own business through the United States mail, ORDINANCE N0. 121-1965 Page -18- (4) Distribution of Handbills. Samples Etc., on Streets: Placin in ' ~tomobiles, Private Yards, etc., It shall be unlawful for any person to give to another or attempt to give to another any handbill, ticket, sample or other advertising matter upon any public street, alley, park or other public way or place within the Villaga, or to pass the same from private property to any person on any street, alley, park or other public way or place, or to place such advertising matter in any automobile belonging to another within the corporate limits of the Village, or to throw or leave the same in any private yard or upon private property so that the same may be blown or scattered upon private or public property. (5) Posting Bills. Ete. It shall be unlawful for any person to post any bills or other advertising matter upon any permanent or temporary structure or build- ings, pole or trees located in any street, park or other public way or place within the corporate limits of the Village. (6) Placine Banners, Etc. Across Streets. It shall be unlawful for any person to extend any banner or canvas sign across any public street, park or other way of the Village without first having obtained permission from the Village Manager. Section 10. Offenses Involvine Noise. (1) Noise from Radios. Phonom-gobs television Appliances Lawn Mowers, E~,a. It shall be unlawful for any person to operate, play or cause to be operated or played within that portion of the Village which has been zoned and designated as-business property or business section of the Iliiiage, between the hours of eleven p.m. and seven a.m. and within that section or those sections of the Village which have been zoned and desig- nated as residential districts, between the hours of ten p.m, and eight a.m. on week days and between the hours of ten p.m. and noon time on Sundays, any radio, phonograph, tele- vision, appliances, lawn mowers, or any machine, instrument or appliance which makes music or noise in such manner that the music or noise produced by the same may be heard at a greater distance than fifty feet therefrom. • (2) Noise from Shoutin Yelling Etc, It shall be unlawful for any person or persons to engage in yelling, shouting or creating such noises either individually or in concert with others at the same time and place within that section or those sections ' of the Village which have been zoned and designated as residential, between the hours of eleven p,m. and eight a.m. in such manner that the yelling, shooting or other noises pro- duced by same may be heard at a distance greater than fifty feet therefrom. Section 11. Offenses Involving Smoke Dust Odors Lieuids Etc, It shall be unlawful for the owner or occupant of any building, structure or, premises in the Village to cause, allow or permit any smoke, dust, steam, odors, fumes, liquids or other obnox- sous matters or things to emanate therefrom over and upon any public street or sidewalk i_n the Village, unless the same shall be so deflected or boas fide attempts made to deflect same away £rom persons using such streets or sidewalks so as not to annoy, vex, irk or bother persons in the use thereof. i ORDINANCE N0, 121-1965 Page -19- Section 12. Offenses Involvine Masks or Diseuises. (1) ImDersonatine Police Officer. Fireman or Other Town Official. It shall be unlawful for any person to hold himself out as, or falsely to assume or imper- sonate himself to be, a police officer or fireman of the Village or any other Village official. or employee, or for any person to assert falsely he has the authority or right to exercise the posers of any such officers or officials, (2) M k D di E Whil W N as s - eman ne tttrance e earitte. o person while we wearing a mask or device such as described in section 12 (1) hereof shall demand entrance or admission to, or attempt to eater in or come upon or into, the premises, enclosure or house of any person in the Village. • (3) Masks. Etc. No person, while wearing any mask or device whereby any portion of the face of such person is so hidden or covered as to conceal the identity of the wearer; shall enter, be or appear upon any public or private property within the Village limits. (¢) Exemntions. The following persons are exempted from the pro- visions of Section 12 (2) and Section 12 (3) herein: (a) Any person wearing traditional costumes of the holiday during any such holiday period; and (b) Any person vnde the age o£ 17 years who is wearing such mask or device For a bona fide play or amusement purposes; and (c) Any person wearing any such mask or device in connection with bona fide dramatic or theatrical entertainment. (5) B~r_nine of Crosses, No person shall cause any cross or similar device to be burned or erected upon any other persons property or make arty similar demon- stration or place any similar exhibits upon the private property of another unless such person shall have first obtained from the occupier or owner of the property where such cross or other device is to be burned or erected such owneris permission to do so, and in addition shall have first obtained a written consent from the Village Manager. 'Section 13. Miscellaneous Offenses. (1) Refrieerators. Ice Boxes and Home Freezers Abandoned. It shall ' be unlawful for an}}* person to abandon any refrigerator, ice box, home freezer or other such device without having either removed the door, the lock or the catch or made the same inoperative in such a fashion as to make closing of its door impossible. (2) Unlawful to Place Glass and Other Matter on Lake or Ocean Water Front. It shall be unlawful for any person to throw, cast, lay or deposit a glass bottle ' or piece of crockery or any galssware, tin cans, or any sharp metals or any rubbish or debris or bury the same in any beach or other part of the water front in the Village of of North Palm Beach. (3) Bathine Regulations. (a) It shall be unlawful for any person afflicted with infec- tious, contagious or communicable disease, to beathe in any public pool or place within the Village limits. ORDINANCE N0, 1~-1965 Page -20- (3} (b) It shall be unlawful for any person to beach or bathe in a manner contrary to the posted regulations of the Village of North Palm Beach. (L,) State Misdemeanors. It shall be unlawful to commit, within the limits of the Village, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor, and the commission of such acts is hereby forbidden. Whosoever shall violate the provisions of this Section 13 (4), upon conviction thereof, shall be punished by the same penalty as is therefor provided by the laws of the State of Florida, but in no case shall such penalty exceed a fine o£ five hundred dollars, or an im- prisonment for more than sixty days, or both such fine and imprisonment in the discretion o£ the municipal judge, Section 14. General Penalty: Continuine Violations. Whenever in this Ordinance • or i.n any ordinance of the Village any act is prohibited or is made or declared to be unlawful or ~n offense or a misdemeanor,.or_whenever in such Ordinance or ordinances the doing of any act i.s required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Ordinance or any Ordinance shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding sixty days, or both such fine and imprisonment. Each day any violation of any provision of this Ordinance or o£ any ordinance ,shall continue shall constitute a separate offense. Section 15. General. (1) Catchlines of Sectioxas. The catchlinea of the several sections of tPai.s Ordinance with underlining are intended as mere catchwords to indicate the contents of the sec- tions of and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shalt they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. (2) Effect of Repeal of Ordinances. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took affect. The repeal of an ordinance shall not affect any punishment or penalty incurred • before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (3) Seyerability of Parts of Ordinance. It is hereby declared to be the intention o£ the Village Council that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court, o£ competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Drdinance, since the same would have been enacted by the Village Council wihtout the incorporation of this Ordinance of any such unconsti- tutional phrase, clause, sentence, paragraph or section. (4) Official Time. bhenever certain hours are named herein, they shall mean standard time as may be in current use in the Village: i ORDINANCE N0. 121-65 Page -21- ' FIRST READING the 10th day of August, 1965. SECOND, FINAL READING AND PASSAGE the 2ki;h day of August, 1965. (SEAL) • ATTEST: illage Clerk Mayor