2032 ORDINANCE NO. 2032
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
RELATING; TO THE PUBLIC SAFETY AND WELFARE
PROHIBITING LOITERING FOR THE PURPOSE OF
ENGAGING IN DRUG RELATED ACTIVITY SETTING
FORTH CIRCUMSTANCES WHICH MAY BE CONSIDERED
AS MANIFESTING SUCH PURPOSE, DECLARING SAID
CONDUCT TO BE A MISDEMEANOR AND PROVIDING A
PENALTY THEREFORE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA:
SECTION t: The City Commission of the City of Sanford
finds the public safety and morals of the citizens of the City of
Sanford is being endangered by an increasing illicit drug
trafficking and use in the City of Sanford. That said drug use
is increasing rapidly causing immediate and imminent danger to
the public health and safety and to property in the area where
drug use is taking place and that said drug problem is being
significantly increased by the presence of numerous persons
loitering in certain areas of the City for the purpose of
engaging in drug related activity.
SECTION 2: Chapter 18 of the City Code of the City of
Sanford is hereby amended by the addition thereto of Section 34
as follows:
ARTICLE III: LOITERING FOR THE PURPOSE OF ENGAGING IN
DRUG RELATED ACTIVITY.
A. Drug related loitering prohibited.
It shall be unlawful for any person to loiter in or
near any public street, right of way, or place open to the
public, or in or near any public or private place in the City of
Sanford in a manner and under circumstances manifesting the
purpose to engage in drug related activities contrary to the
provisions of Chapter 893, of the Florida Statutes.
B. Section 21-21, Circumstances Manifesting such purposes
enumerated.
Among the circumstances which may be considered as
determining whether such purpose is manifest, are:
1. Such person is a known unlawful drug user,
possessor, or seller. For purposes of this chapter, a"known
unlawful drug user, possessor, or seller" is a person who has,
within the knowledge of the arresting officer, been convicted in
any court within this state any violation involving the use,
possession, or sale of any of the substances referred to in
Chapter 893.03, Florida Statutes, or 817,564 or such person has
been convicted of any violation of any of the provisions of said
chapters of Florida Statutes or substantially similar laws of any
political subdivision of this state or of any other state; or
person who displays physical characteristics of drug intoxication
or usage, such as "needle tracks"; or a person who possesses drug
paraphernalia as defined in Section 893,145, Florida Statutes.
2. Such person is currently subject to an order
prohibiting his/her presence in a high drug activity geographic
area;
3. Such person behaves in such a manner as to raise a
reasonable suspicion that he or she is about to engage in or is
then engaged in an unlawful drug-related activity, including by
way of example only, such person acting as a "lookout";
4. Such person is physically identified by the officer
as a member of a "gang" or association which has as its purpose
illegal drug activity;
5. Such person transfers small objects or packages for
currency in a furtive fashion;
6. Such person takes flight upon the appearance of a
police officer;
7. Such person manifestly endeavors to conceal himself
or herself or any object which reasonably could be involved in an
unlawful drug-related activity;
8. The area involved is by public repute known to be
an area of unlawful drug use and trafficking;
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Ordinance No. 2032
9. The premises involved are known to have been
reported to law enforcement as a place suspected of drug
activity;
10. Any vehicle involved is registered to a known
unlawful drug user, possessor, or seller, or a person for whom
there is an outstanding warrant for a crime involving drug-
related activity.
C. Penalty
Any person who violates the provisions of this Article
shall be guilty of a misdemeanor of the second degree punishable
as provided in 775,082 or 775.083.
D. Arrest without warrant
Any law enforcement officer authorized to act within
the city limits of the City of Sanford, may arrest any suspected
loiterer under the provisions of this Article without a warrant
in case delay in procuring a warrant would probably enable such
suspected loiterer to escape arrest.
SECTION 3: If any provision of this Article is held to
be invalid, unconstitutional or unenforceable for any reason,
such invalidity shall not affect any other provision, or the
application thereof, which shall be given effect without the
invalid provision or application, to this and the provisions of
this Article are declared to be severable.
SECTION 4: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
SECTION 5: That this ordinance shall become effective
immediately upon its passage and adoption.
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Ordinance No. 2032
PASSED AND ADOPTED this 22nd day of May
A.D. 1989.
MAYOR/' ~ ~' ~
Acting Ci_ty Clerk
City of Sanford, Florida.
CERTIFICATE
I~ Patricia A. Lee, Acting City Clerk of the City
of Sanford, Florida, do hereby certify that a true and
correct copy of the foregoing Ordinance No. 2032 PASSED
AND ADOPTED by the City Commission of the City of
Sanford, Florida, on the 22nd day of May, 1989, was
POSTED at the front door of the City Hall in the City
of Sanford, Florida, on the 23rd day of May, 1989.
As the Acting City Clerk
of the City of Sanford,
Florida
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Ordinance No. 2032