3844ORDINANCE NO. 3844
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA
PERTAINING TO EXCLUSIONARY ZONES FOR PERSONS
ARRESTED OR CONVICTED FOR CRIMINAL OFFENSES
RELATING TO PROSTITUTION, THE SALE OR USE OF
ILLEGAL DRUGS OR CONTROLLED SUBSTANCES AND
RELATED OFFENSES, AMENDING THE CODE OF THE CITY
OF SANFORD; PROVIDING FOR LEGISLATIVE FINDINGS
AND INTENT; PROVIDING FOR ESTABLISHMENT OF
EXCLUSIONARY ZONES; PROVIDING FOR CIVIL
EXCLUSION FOR ARRESTS FOR AND CONVICTIONS OF
ENUMERATED OFFENSES; PROVIDING FOR NOTICES;
PROVIDING FOR VARIANCES; PROVIDING FOR APPEALS;
PROVIDING FOR PROCEDURES; PROVIDING FOR A
DESCRIPTION OF ZONES; PROVIDING FOR CODIFICATION,
SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS, certain areas of the City of Sanford have a significantly higher incidence
of criminal conduct associated with prostitution, soliciting prostitution, trafficking in illegal
drugs and narcotics and other controlled substances than do other areas of the City and this
concentration of illegal activity contributes to the degradation of these areas and adversely
affects the overall quality of life for the City's residents, businesses and visitors; and
WHEREAS, persons arrested in these areas for illegal drugs and controlled substance
offenses, prostitution, solicitation for prostitution, and related offenses who are arrested for
and subsequently convicted of the offenses frequently return to the same location or general
vicinity of their cdminal offense to continue the illegal behavior because the area has either
proven to be a lucrative place for prostitution, trafficking in illegal drugs or controlled
substances, or is attractive for using illegal drugs or controlled substances or engaging in
prostitution related activities; and
WHEREAS, the cdmes of and relating to prostitution, solicitation, and conspiracy to
commit illegal drugs and controlled substance offenses have a significant adverse impact on
the areas in which they are committed and deter positive community efforts to enhance the
City and its neighborhoods; and
WHEREAS, the City of Sanford has a substantial and compelling interest in restoring
the quality of life and protecting the health, safety and welfare of citizens using the public
ways in these areas or otherwise engaging in positive economic and social activities, and has
a substantial and compelling interest in allowing the public to gainfully and productively use
and enjoy the facilities in these areas and communities without interference adsing from
prostitution, sales of illegal drugs or imitation drugs, or use of illegal drugs and associated
activities; and
WHEREAS, traditional prostitution and unlawful drug deterrence, arrest and
prosecution strategies have proven ineffective to adequately control prostitution and drug sale
and use activity in these areas; and
WHEREAS, individuals have a significant pdvate interest in being able to travel and
associate freely in all areas of the City of Sanford, but the public interest in preventing the
harmful effects of prostitution and illegal drugs and controlled substance offenses and their
associated behavior is so great that it justifies excluding prostitutes, clients of prostitutes and
drug dealers and users for ninety (90) days from a disproportionately impacted area in which
they have been arrested based upon probable cause that they have illegally solicited or
offered an act of prostitution, sold drugs or imitation drugs, or illegally possessed or used
drugs; and
WHEREAS, the City's and the general public's health, safety, morals, and welfare
would best be served by temporarily excluding from disproportionately impacted areas those
persons who are arrested therein for illegal drug and prostitution offenses; and
WHEREAS, upon conviction of a person for a prostitution or drug offense, it having
been established in a court of law through the full due process provided under the procedures
relating to criminal law, that a person is a part of the larger problem of prostitution or related
illegal conduct, drug dealing, or usage in the City's disproportionately impacted areas, the
public interest mandates that the person be excluded for a pedod of one (1) year from the
affected area; and
WHEREAS, to minimize the likelihood of the erroneous deprivation of dghts, the City
of Sanford shall provide a timely, pre-deprivation, headng before a quasi-judicial official to all
persons who are given notice of exclusion as a result of being arrested in a exclusionary zone
for prostitution, solicitation for prostitution or illegal drug offenses; and
WHEREAS, to ensure access to health care, social services, essential needs,
employment and education, variances should be reasonably available to those excluded
individuals with an objective and demonstrated need to enter the exclusionary zone to
preserve their health, well-being, employment or education; and
WHEREAS, illegal drug sales or use by exclusionary zone residents in the public areas
or their neighborhoods degrade those areas, adversely affect the quality of life in those areas
and threaten the health, safety and welfare of citizens using the public ways in those areas;
and
WHEREAS, the City of Sanford recognizes that persons who have committed an act
of solicitation for prostitution, prostitution, or a drug cdme in an exclusionary zone may have
a need to enter a zone of exclusion to appear for judicial or correctional obligations, to meet
with legal counsel, to receive social services, or to conduct business with law enforcement
personnel, and a need to travel through the zones on public transportation and, accordingly,
Ordinance No. 3844
Page 2
the City of Sanford does not intend to prevent the travel threugh the exclusionary zones on
some public transportation for such essential purposes.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDING-~
(a) The above recitals set forth in the preamble of the Ordinance are hereby adopted
as legislative findings by the City Commission.
(b) The violation of this Ordinance may be enforced in accordance with the previsions
of Chapter 810, Flodda Statutes, relating to the offense of trespass.
(c) it is the intent of the City Commission of the City of Sanford that the City Police
Department cooperate with and seek the cooperation of the Seminole County Shedff and the
State Attorney in and for the Eighteenth Judicial Circuit in order to effectuate the effective
implementation of this Ordinance using modem technology.
SECTION 2. EXCLUSIONARY ZONES: ESTABLISHMENT
(a) Exclusionary zones are hereby established in the City of Sanford as designated
by the City Commission, which ara areas where the number of arrests where there was
probable cause to believe a person has committed any of the offenses enumerated in Section
3(a) for a twelve (12) month pedod within the eighteen (18) months preceding its designation
is significantly higher than that for other similarly sized geographic areas of the City that are
not located within an exclusionary zone.
(b) The areas depicted in the Maps attached here and incorporated herein by this
reference thereto are hereby identified as exclusionary zones.
(c) The designation of an area as an exclusionary zone shall be valid for a pedod
of three (3) years.
(d) The office of the Chief of Police of the Sanford Police Department is directed
to report to City Commission at least ninety (90) days before the end of the three (3) year
pedod as to whether there is a need to re-authorize or re-configure the exclusionary zones.
SECTION 3. CIVIL EXCLUSION
(a) A person is subject to exclusion for a pedod of ninety (90) days from the public
streets, sidewalks and other public ways in one (1) or more of the exclusionary zones
designated in Section 2 if that person has been arrested based upon probable cause to
Ordinance No. 3844
Page 3
believe that the person has committed any of the following cdminal offenses within an
exclusionary zones, unless the offense was committed entirely within a private residence:
(1.)
Attempt to unlawfully posses a controlled substance, in violation of
Chapter 893, FIodda Statutes.
(2.)
Cdminal solicitation to unlawfully possess a controlled substance in
violation of Chapter 893, Flodda Statutes.
(3.)
Criminal conspiracy to unlawfully possess a controlled substance in
violation of Chapter 893, Florida Statutes.
(4.) Unlawful possession of a controlled substance, in violation of Chapter
893, Florida Statutes.
(5.)
Criminal conspiracy to unlawfully deliver a controlled substance in
violation of Chapter, 893, FIodda Statutes.
(6.)
Unlawful delivery of a controlled substance, in violation of Chapter 893,
Flodda Statutes.
(7.)
Attempt to unlawfully deliver an imitation controlled substance, in
violation of Chapter 893, Florida Statutes.
(8.) Criminal conspiracy to unlawfully deliver an imitation controlled
substance in violation of Chapter 893, Florida Statutes.
(9.)
Unlawful delivery of an imitation controlled substance, in violation of
Chapter 893, Florida Statutes.
(10.) Solicitation for prostitution, in violation of Chapter 893, FIodda Statutes.
(11.) Prostitution, in violation of Chapter 893, Flodda Statutes.
(12.) Possession of drug paraphernalia, in violation of Chapter, 893, Flodda
Statutes.
(13.) Lewd and lascivious behavior or solicitation to commit a lewd act, in
violation of Chapter 796, Flodda Statutes.
(b) If a person is arrested based upon probable cause to believe that the person
has committed any of the offenses enumerated in Section 3(a) within an exclusionary zone,
the Chief of Police or his subordinate law enforcement officer, who have been delegated such
Ordinance No. 3844
Page 4
authority in wdting, designee(s) may issue a Notice of Exclusion to the person that shall
operate to exclude that person from one or more exclusionary zones, which are so
designated by City Commission in Section 2(b). The Notice of Exclusion shall be in writing
and a copy shall be hand delivered to the excluded person. The Notice shall specify the
areas designated as exclusionary zones from which the person is excluded and shall contain
information concerning the dght to appeal the exclusion in accordance with the provisions of
Section 6.
(c) A Notice of Exclusion shall operate as a ninety (90) day exclusion, but shall
state that it shall operate and it shall operate as, a one (1) year exclusion upon conviction of
the cdme giving dse to the ninety (90) days exclusion.
(d) A one year (1) year exclusion from one or more of the exclusionary zones will
take effect upon the date that person arrested for any of the cdminal offenses set forth in
Section 3(a) and is convicted of any of the offenses enumerated in Section 3(a) if that offense
was committed within any exclusionary zone.
(e) Except as allowed under a person excluded under this Section may not enter
any exclusionary zone except to:
(1.) Attend a scheduled meeting with an attorney;
(2.) Attend a scheduled initial interview with a social service provider;
(3.) Comply with court or correctional obligations;
(4.) Contact criminal justice personnel at a criminal justice facility;
(5.) Travel through an exclusionary zone on a Lynx vehicle;
(6.)
Travel through an exclusionary zone on United States Highway 17-92
(French Avenue) within the boundaries of any exclusionary zone.
(7.) To attend a bona fide religious service.
(8.) To attend a bona fide educational institution as a bona fide student.
(9.)
While in an exclusionary zone, a person who is otherwise excluded may
travel only directly to and from the obligations set forth in this
subsection.
(f) It is unlawful for an excluded person to enter any exclusionary zone in violation
of the exclusion provided in this Ordinance dudng the exclusion period.
Ordinance No. 3844
Page 5
SECTION 4. ISSUANCE OF EXCLUSION NOTICES- The Chief of Police and/or
designees may issue exclusion notices in accordance with this Ordinance.
SECTION 5. VARIANCE~
(a)
Section.
Variances may be granted, denied or revoked under the provisions of this
(b) All variances shall be wdting, for a specific pedod and only to accommodate a
specific purpose, all of which shall be stated on the variance. The purpose of a vadance is
to allow only travel to and from locations within an exclusionary zone according to the terms
of the variance. The vadance must be carded on the person while in an exclusionary zone
in order to be effective and must be presented to a police officer upon request. It is a
violation of this Ordinance for a person having been granted to be present in an exclusionary
zone in violation of the terms of the variance,
(c) The Chief of Police and designee(s) may for good cause shown, grant
variances from an exclusion at any time dudng an exclusion pedod. A variance will allow
travel only within the exclusionary zone specified in the variance and only according to the
terms specified in the variance.
(d) The Chief of Police and designee(s) may grant a residential vadance from an
exclusion to an excluded person to allow and excluded person to travel within an exclusionary
zone in accordance with the terms of the vadance if the excluded person:
(1 .) lived in an exclusionary zone when excluded; and
(2.) continues to live at the same residence.
(e) The Chief of Police and designee(s) may grant an essential needs variance
from an exclusion to an excluded person to allow an excluded person to travel within an
exclusionary zone in accordance with the terms of the vadance if the excluded person:
(1.) possesses a residential variance;
(2.)
must access a public or private place within a exclusionary zone that
provides an essential need; and
(3.)
the essential need sought by the excluded person cannot reasonably be
accessed by the excluded person without violating the excluding zone
exclusion.
Ordinance No. 3844
Page 6
(f) The Chief of Police and or designee(s) may grant a variance from an exclusion
to an excluded person to allow travel within an exclusionary zone in acc~3rdance with the
terms of the variance if the excluded person:
(1.)
was an owner, principal, agent or employee of a place of lawful
employment located in an exclusionary zone when excluded; and
(2.) continues to be employed at the same place of employment.
or:
(1 .)
the person was an owner, principal, agent or employee of a place of
lawful employment; and
(2.)
the person will be required to perform employment-related services in
an exclusionary zone.
(g) The Chief of Police and designee(s) may grant a variance to an excluded
person to allow an excluded person to travel within an exclusionary zone in accordance with
the terms of the variance if the excluded person:
(1.) is in need of social services in an exclusionary zone; and
(2.)
the social services are sought for reasons relating to the health or well-
being of the excluded person; and
(3.)
the social services agency has wdtten rules and regulations prohibiting
the unlawful use and sale of controlled substances by their clients.
(h) The Chief of Police and designee(s) may grant a vadance to an excluded
person to allow an excluded person to travel within an exclusionary zone in accordance with
the terms of the variance if the excluded person:
(1.)
was enrolled as a student at an educational facility located within an
exclusionary zone when excluded; and
(2.) is currently enrolled as a student at the same educational facility.
(i) Variances may be revoked by Chief of Police if:
(1 .) the applicant provided false information in order to obtain the variance;
or
Ordinance No. 3844
Page 7
(2.)
thero is probable cause to believe the person has committed any of the
offenses enumerated in Section 3(a) in an exclusionary zone
subsequent to the issuance of the variance; or
(3.)
if the circumstances giving rise to the issuance of the variance no
longer support a continuation of the issuance of the variance.
(j) As used in this Section, the term "essential needs" is defined as food, physical
cato and medical attention and the term "travel" is defined as the movement on foot or within
a vehicle within an exclusionary zone from one point to another without delay other than to
obey traffic control-devices.
ECTI APP L
(a) Any person to whom a Notice of Exclusion is issued shall have a dght to appeal
as follows:
(1 .)
Appeals shall be timely filed with the Chief of Police or his designee.
Any hearings regarding such appeals shall be conducted before a
hearing officer appointed by the City.
(2.) Copies of documents in the City's control which aro intended to be used
at the headng shall be made available, upon request, to the appellant.
(3.)
An appeal of a ninety (90) day exclusion must be filed, in wdting, by 5:00
p.m. of the fifth business day following issuance of the Notice of
Exclusion.
(4.)
An appeal of a one (1) year conviction-based exclusion must be filed,
in wdting, by 5:00 p.m. of the fifth business day following the date of
conviction.
(5.)
An appeal of a denial of an application for a vadance or revocation of a
variance must be filed, in writing, by 5:00 p.m. of the fifth day following
the denial or revocation of the variance.
(6.)
A ninety (90) day exclusion shall not take effect during the time that an
appeal of the ninety (90) day exclusion is bending. If no appeal is taken,
the initial ninety (90) day exclusion shall take effect at 12:01 a.m. on the
eighth calendar day following the issuance of the Notice of Exclusion.
(7.)
A one (1) year conviction-based exclusion shall take effect at 12:01 a.m.
on the calendar day following the date of the conviction and,
Ordinance No. 3844
Page 8
(8.)
(9.)
(10.)
(11.)
(13.)
notwithstanding an appeal of the exclusion, shall remain in effect unless
the headng officer issues a contrary decision.
At the headng on an appeal of a ninety (90) day exclusion, the City shall
have the burden of proof to show by a preponderance of the evidence
that the exclusion is based upon probable cause to believe that the
appellant committed any of the offenses enumerated in Section 3(a),
and that the conduct supporting the exclusion occurred within an
exclusionary zone.
At the headng on an appeal of a one (1) year conviction-based
exclusion, the City shall have the burden of proof to show by a
preponderance of the evidence that the appellant was convicted of any
of the offenses enumerated in Section 3(a), and that the conduct
supporting the conviction occurred within an exclusionary zone.
At the hearing on an appeal of a denial of an application for a variance,
the City shall have the burden to show by a preponderance of the
evidence that the denial was in accordance with this Section.
At the headng on an appeal of a revocation of a variance, the City shall
have the burden of proof to show by a preponderance of the evidence
that any of the conditions enumerated in this Section supporting
revocation existed at the time of revocation.
At the headng on an appeal of a ninety (90) day exclusion, the following
shall be pdma facle evidence that the exclusion was based on probable
cause to believe that the appellant committed any of the offenses
enumerated in Section 3(a):
A determination by a court having jurisdiction over the offense
that forms the basis for the exclusion, that probable cause
existed to arrest the person to whom the initial ninety (90) day
Notice of Exclusion has been issued; or
An indictment or information charging the person to whom a
ninety (90) day Notice of Exclusion was issued.
At the headng on an appeal of a one (1) year conviction-based
exclusion, a judgment of conviction, a guilty plea, or a plea of nolle
contendere, shall be conclusive evidence that the described conduct
occurred.
Ordinance No. 3844
Page 9
(b) The failure to appeal shall constitute a waiver of all administrative dghts and
remedies and result in final administrative action.
SECTION 7.
(a) The following areas are hereby established as exclusionary zones. The
boundaries of the exclusionary zones listed, and the exclusionary zones shall include the
entire area-within the following boundaries.
(1.)
Eastside Zone: The Eastside Zone is that area depicted in the map
attached to this Ordinance as Exhibit "A" and incorporated herein by this
reference thereto.
(2.)
Westside Zone: The Westside Zone is that area depicted in the map
attached to this Ordinance as Exhibit "A" and incorporated herein by this
reference thereto.
(b) The exclusionary zones may be revised or deleted or other exclusionary zones
added pursuant to amendments to this Ordinance.
SECTION 8: CODIFICATION. It is the intention of the City Commission of the City
of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Sanford, Flodda (City
Code of the City of Sanford, Florida or Sanford City Code); that the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention; that the word,
"Ordinance," may be changed to "Section," "Article," or other appropriate word; provided,
however, that Sections 8, 9,10 and 11 shall not be codified.
SECTION 9: SEVERABILITY If any section or portion of a section of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity,
force or effect of any other action or part of this Ordinance.
SECTION 10: CONFLICTS All Ordinances or pads of Ordinances in conflict herewith
be and the same are hereby revoked.
SECTION 11: EFFECTIVE DATE That this Ordinance shall become effective
immediately upon passage and adoption.
Ordinance No. 3844
Page 10
PASSED and ADOPTED this 23rd day.~~ ry, 2/~ ~ ~
ATTEST: BR/~DY LESS/~RD, MAYOR
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Flodda, do hereby certify that
a true and correct copy of the foregoing Ordinance No. 3844, PASSED AND ADOPTED by
the City Commission of the City of Sanford, Flodda, on the 23rd day of February, 2004, was
posted at the front door of the City Hall in the City of Sanford, Flodda, on the 24th day of
February, 2004.
~s the City Clerk of t~e City ~'
of Sanford, Flodda
Ordinance No. 3844
Page 11
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