§ 46-20. Pattern of nuisance activity.  


Latest version.
  • (a)

    Nuisance activity . Nuisance activity means any activities relating to the following violations, whenever engaged in by property owner, agent, tenant, or invitee of the property owner or tenant:

    (1)

    Chapter 14, article III—Alcoholic beverages.

    (2)

    Chapter 34, section 34-1382—Noise regulations.

    (3)

    Chapter 39—Sexual offenders and sexual predator regulations.

    (4)

    F.S. § 767.12—Dangerous dogs.

    (5)

    F.S. § 784.03—Battery; felony battery.

    (6)

    F.S. § 784.041—Felony battery.

    (7)

    F.S. § 784.045—Aggravated battery.

    (8)

    F.S. § 790.01—Carrying concealed weapons.

    (9)

    F.S. § 790.10—Improper exhibition of dangerous weapons or firearms.

    (10)

    F.S. § 790.15(1)—Discharging firearm in public.

    (11)

    F.S. § 796.06—Renting space to be used for prostitution.

    (12)

    F.S. § 796.07—Prostitution.

    (13)

    F.S. § 800.03—Exposure of sexual organs.

    (14)

    F.S. § 806.13—Criminal mischief.

    (15)

    F.S. § 810.08—Trespass in structure or conveyance.

    (16)

    F.S. § 810.09—Trespass on property other than structure or conveyance.

    (17)

    F.S. § 812.014—Theft.

    (18)

    F.S. § 812.019—Dealing in stolen property.

    (19)

    F.S. § 812.173—Conveyance business security.

    (20)

    F.S. § 824.01—Nuisance.

    (21)

    F.S. § 828.12—Cruelty to animals.

    (22)

    F.S. § 843.01—Resisting officer with violence.

    (23)

    F.S. § 843.02—Resisting officer without violence.

    (24)

    F.S. § 856.011—Disorderly intoxication.

    (25)

    F.S. § 856.015—Open house parties.

    (26)

    F.S. § 856.021—Loitering or prowling.

    (27)

    F.S. § 856.022—Loitering or prowling in close proximity to children.

    (28)

    F.S. § 870.01—Affrays and riots.

    (29)

    F.S. ch. 874—Criminal gang enforcement and prevention.

    (30)

    F.S. § 877.03—Breach of the peace; disorderly conduct.

    (31)

    F.S. ch. 893—Any offense under the Florida Comprehensive Drug Abuse Prevention and Control Act.

    (32)

    Any other offense under state or federal law that is punishable by a term of imprisonment exceeding one year.

    (b)

    Pattern of nuisance activity . Real property shall be deemed to exhibit a pattern of nuisance activity if:

    (1)

    The village's law enforcement has responded to three or more nuisance activities at the property within 30 days;

    (2)

    The village's law enforcement has responded to seven or more nuisance activities at the property within six months;

    (3)

    An alcoholic beverage establishment that employs private security is located on the property and the village's law enforcement has responded to five or more nuisance activities at the property within 30 days or 20 or more nuisance activities at the property within six months; or

    (4)

    As otherwise provided by this Code.

    (c)

    Construction and application . Pattern of nuisance activity shall not be construed to include:

    (1)

    A nuisance activity that does not arise from the conduct of the property owner, agent, tenant, or invitee of the property owner, agent or tenant; or

    (2)

    A complaint or call for service to which the village responded and the village determined that no violation was committed.

    (d)

    Separate occurrences . For purposes of this article, each day that law enforcement responds to a nuisance activity at the property shall be a separate occurrence.

(Ord. No. 2015-20, § 2, 5-14-2015)