Chapter 7

OFFENSES AND MISCELLANEOUS PROVISIONS

 

 

Art. I.        In General, §§ 7-1 – 7-15

Art. II.       Parking or Storage of Vehicles, §§ 7-16 – 7-27

Art. III.     Operation of Boats and Vessels, §§ 7-28 – 7-44

Art. IV.      Operation of Aircraft, §§ 7-45 – 7-61

Art. V.       Operation of Motor Vehicles, §§ 7-62 – 7-76

Art. VI.      Civil Disorders, Disturbances, Disasters, Etc., §§ 7-77 – 7-92

Art. VII.    Noises, §§ 7-93 – 7-108

Art. VIII.   Fingerprint and Photograph Requirements, 7-109 – 7-124

Art. IX.      Nuisances, §§ 7-125 – 7-135

 

 

ARTICLE I.  IN GENERAL

 

Sec. 7-1.    Misdemeanors incorporated by reference.

 

It shall be unlawful to commit, within the limits of the town, any act which is recognized by the Florida Statutes as a misdemeanor, and the commission of such acts is hereby forbidden.  (Ord. No. 76, § 1, 09-09-1968)

Any person committing an act in violation of any provision of this chapter where no specific punishment is provided shall be punished by the same penalty as is therefor provided by the laws of the State of Florida, but in nowise shall such penalty exceed a fine of five hundred dollars ($500.00) or an im­prisonment of more than ninety (90) days, or both.  (Ord. No. 43, § 1, 02-15-1957)

 

Sec. 7-2.    Bonfires prohibited.

It shall be unlawful for any person to kindle, maintain, start or assist in maintaining any bonfire or other exposed fire in the town except under written permit of the chief of police, which permit shall carry an obligation on the part of the grantee to keep a safe and sufficient control of said fire and to be responsible for all damages therefrom, and that all resultant embers shall be extinguished and the hot ashes removed or wet down at the close of said fire.

 

It shall be unlawful for any person or persons to set fire to, kindle or start any fire or fires in the vegetation or natural growth of any property within the town limits, except under written permit from the town marshal, pursuant to the obligations as set forth in this section.

 

Any person or persons violating the provisions of this section shall be sub­ject to a fine in an amount not to exceed five hundred dollars ($500.00) or imprisoned in jail for a period of time not to exceed sixty (60) days, or be both fined and imprisoned, in the discretion of the presiding officer of the municipal court.  (Ord. No. 8, §§ 1 – 3, 04-18-1949)

Cross references – Fire prevention and protection, Ch. 5½; garbage and trash, Ch. 6.

 

Sec. 7-3.    False Alarms.

 

(a)        Quantity and fine. Each residence in the town shall be entitled to six (6) responses for false alarms during a calendar year at no charge. Residences having in excess of six (6) false alarms per calendar year shall be charged a fine of twenty-five dollars ($25.00) for each false alarm in excess of six (6).

 

(b)        Alarm log and method of billing. The Police Chief or his designate shall maintain a written log of false alarms for each residence within the Town’s jurisdiction. The Police Chief or his designate shall advise the Town Commission monthly of any residences that have exceeded the six (6) per calendar year limit. The Town Commission shall then direct the Town Clerk to prepare and issue a bill, sent certified or registered mail, to the affected residence owner for the number of alarms in excess of six (6), not previously billed. The residence owner shall remit payment to the Town within forty-five (45) days of the date of the billing.

 

(c)        Collection and lien. The Town Commission shall be notified of any residence owner who fails to pay any bill issued per section (b). The Commission may then, at its option, direct the Town Clerk to file a lien against the residence so affected.  (Ord. No. 178, § 1, 05-03-1994)

 

Secs. 7-4 – 7-15.   Reserved.

 

 

ARTICLE II.  PARKING OR STORAGE OF VEHICLES [1]

 

Sec. 7-16.     Definitions; regulations; restrictions; exceptions.

The following regulations shall apply to all residential districts:

 

(a)        Definitions. For the purpose of this section, the following definitions shall apply.

 

(1)        Boat shall mean any watercraft designed or used or capable of being used as a means of transportation on water, including but not limited to barges and air boats.

 

(2)        Bus shall mean any motor vehicle, other than taxicabs, primarily designed or used for the transportation of persons for compensa­tion without regard to actual use.

 

(3)        Camper shall mean any separate structure designed or used for human habitation, which can be attached to or detached from a motor vehicle and which has six (6) feet or more in headroom as defined in subsection (a)(7) hereof. A pickup truck with a cap shall not be construed as a camper.

 

(4)        Cap shall mean any separate structure which can be attached to or detached from a pickup truck and which does not have headroom of six (6) feet, as defined in subsection (a)(7) hereof.

 

(5)        Chassis camper shall mean any motor vehicle with a cab and a hab­itable structure permanently attached to the motor vehicle chas­sis.

 

(6)        Habitable shall mean containing facilities for sleeping or equip­ment for food preparation or plumbing facilities.

 

(7)        Head room shall mean a measurement from the permanent natural floor elevation of the recreational vehicle to the permanent under surface of the ceiling of the recreational vehicle. Removable floors or ceiling tops that may be placed in said recreational vehicle shall be ignored in making such measurement.

 

(8)        Jeep shall mean any motor vehicle not otherwise defined herein which is designed such that all wheels can be powered and which is currently licensed and registered for operation upon public high­ways.

 

(9)        Light van shall mean any motor vehicle having a generally rectan­gular bulk which is licensed and registered for operation upon public highways and which has a rated capacity of less than one (1) ton and which does not have head room in excess of six (6) feet, as defined in subsection (a)(7) hereof.

 

(10)      Motor home shall mean any motor vehicle to the chassis of which a habitable structure has been permanently attached. The term shall include but shall not necessarily be limited to any light van with a roof permanently raised to allow an adult six (6) feet in height to stand upright.

 

(11)      Owner shall mean:

 

a.         Any person, association or corporation to which a motor vehicle or trailer is registered according to the certifi­cate of title for the motor vehicle or trailer;

 

b.         The person, association or corporation having possession or control of the vehicle;

 

c.         The owner of the real property upon which the motor vehicle is located; and

 

d.         The person, association or corporation in possession and control of the real property upon which the motor vehicle is located.

 

(12)      Recreational vehicle shall mean any bus, camper, truck with a camper mounted, chassis camper, motor home or swamp-buggy as de­fined herein or any similar motor vehicle or trailer designed primarily for recreational use.

 

(13)      Screening shall mean a visual barrier permanently affixed to the ground consisting of dense vegetation or other permitted struc­ture, all of which is constructed in accordance with the town Code and which does not exceed the height limitations as established in such Code.

 

(14)      Street shall mean any street, avenue, road, paved alley or other public thoroughfare, however designated, and shall include all of the right-of-way therefor regardless of the location of the pave­ment.

 

(15)      Swale shall mean that area of a public street between the pavement and the limiting property line of the right-of-way.

 

(16)      Swamp-buggy shall mean any motor vehicle designed primarily for operation on land other than improved roads.

 

(17)      Trailer shall mean any vehicle without motor power designed to be drawn, towed or pulled by a motor vehicle regardless of hitch type and regardless of the use or intended purpose.

 

(b)        Certain motor vehicles or trailers prohibited.

 

It shall be unlawful for any owner, agent of owner, operator or person in charge of a recreational vehicle, boat or trailer to park, store or keep such recreational vehicle, boat or trailer on the pavement or in the swale of any street within or on any properties owned by the town.  (Ord. No. 164, § 1, 01-13-1992)

 

(c)        Certain vehicles; emergency repairs and temporary parking.

 

The prohibitions of subsection (b) of this section shall not apply to:

 

(1)        The temporary parking of any trailer on privately owned real property or in the adjoining swale of any public street within a residential district where construction for which a current and valid permit has been issued by the town is underway on the property and the permit therefor is properly displayed on the premises. Nothing in this subsection is intended to require a permit where none is otherwise required or intended to permit parking where restricted or prohibited by other laws or ordi­nances.

 

(2)        The emergency parking of a disabled recreational vehicle, boat or trailer for periods of time not in excess of eight (8) hours.

 

(3)        The temporary parking of any recreational vehicle or trailer for active loading and unloading in preparation for or following an off-premises trip, but in no case shall the loading and unloading period exceed a four-hour period in any twenty-four-hour period or eight (8) hours in a seven-day period. Irrespective of any of the provisions contained in this subsection (c), no recreational vehi­cle, trailer or boat shall be permitted to be parked on any street as defined herein whether for active loading or unloading or for any other purposes between the hours of 9:00 p.m. and 6:00 a.m.

 

(4)        Boats which are docked in a canal or landed from a canal by a permanent hoist mechanism.

 

(d)        Permissive parking. Notwithstanding the prohibitions in subsection (b) of this section, there may be parked on a privately owned plot, with the express revocable written permission of the owner or owners, which per­mission is on file with the Police Department, any light van, jeep, automobile, recreational vehicle, boat or trailer, provided that such recreational vehicle, boat or trailer is fully screened from all off-premises view, excluding the beach area of the property, by a fence, wall or hedge which is permanently affixed to the ground in compliance with the building code of the town and which fence wall or hedge, in all respects, complies with all provisions of the town's Code of Ordinances.  (Ord. No. 164, § 2, 01-13-1992)

 

(e)        Exemptions. Exempt from the provisions of this section are trailers in actual use or moving directly to or from the location of actual use which are owned or leased by:

 

(1)        The town for the accomplishment of a municipal purpose.

 

(2)        A contractor or subcontractor under agreement with the town to accomplish a municipal purpose.

 

(3)        A public utility operating within the town or a contractor or subcontractor under agreement with such public utility for the installation, maintenance, adjustment or repair of or to a public utility facility.

 

(f)        Handicapped persons' motor vehicles. The town may issue to any person confined to a wheelchair a permit to park a light van with a permanently raised roof in a residential district without restriction, but such permit shall be issued for a time certain subject to removal if the confinement to a wheelchair is not permanent.

 

(g)        Provisions cumulative:

 

(1)        This section is primarily for the purpose of protecting residen­tial zoning. Therefore, any ordinances of this town or laws of this state regulating motor vehicles are in addition to this sec­tion. Wherever any provisions of some other ordinance of the town or applicable statute, whether primarily for the regulation of motor vehicles or for the purposes of zoning, imposes more strin­gent requirements or limitations than are imposed or required by the provisions of this section, then the more stringent require­ments or limitations shall apply.

 

(2)        This section shall not be construed to limit any deed restric­tions, condominium regulations or similar private limitations on land use imposing more stringent requirements or limitations than are provided herein. This section shall not be construed as creat­ing an obligation of the town to enforce private limitations on land use.  (Ord. No. 146, 10-3-88)

 

Sec. 7-17.     Maintenance; tag, inspection sticker required.

 

All house cars, trailers, campers, camper vans or similar vehicles, boats or boat trailers or any trailer or recreational vehicle, while situated upon any lot, piece or parcel of land or any street in the town, shall be kept in good working order and appearance and shall bear current vehicle license tags and inspection stickers as required by state law.  (Ord. No. 146, 10-3-88)

 

Sec. 7-18.     Living in prohibited.

 

It shall be unlawful for anyone to live in any house car, trailer, camper, camper van or similar vehicles, boats or boat trailers or any trailer or rec­reational vehicle while the same is situated upon any lot, piece or parcel of land or any street in town.  (Ord. No. 146, 10-3-88)

 

Sec. 7-19.     Connecting to utilities.

 

It shall be unlawful for any bus, camper, cap, chassis camper, motor home, trailer or recreational vehicle as defined in section 7-16 (a) to be connect­ed to any utilities except when such vehicles are preparing to embark or de­part as permitted by subsection 7-16 (c)(3).  (Ord. No. 146, 10-3-88)

 

Secs. 7-20 – 7-27.    Reserved.

 

 

ARTICLE III.  OPERATION OF BOATS AND VESSELS

 

Sec. 7-28.     Speed limit.

 

It shall be unlawful to operate any boat or vessel upon any waterway in the town at a rate of speed which causes, or may cause, waves to damage docks, wharves, sea walls, or boats moored or tied to a dock or wharf along said waterway.  (Ord. No. 30, § I, 12-01-1953)

 

Sec. 7-29.     Mufflers required.

 

It shall be unlawful to operate any water craft with outboard motor, or in­board motor, not having properly muffled exhaust within the town.  (Ord. No. 30, § II, 12-01-1953)

 

Sec. 7-30.     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:

 

Exclusion Zone means all waters within the legal description detailed in Section 7-31.

 

Idle Speed No Wake means a Motorboat speed not greater than that necessary to maintain steerageway. A Motorboat that is operating on a plane is not proceeding at Idle Speed No Wake.

 

Motorboat means any Vessel including Personal Watercraft, which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water.

 

Operate means to be in charge of or in command of or in actual physical control of a Motorboat in the Exclusion Zone.

 

Personal Watercraft means a small class A-1 or A-2 Vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the Vessel, rather than in the conventional manner of sitting or standing inside the Vessel.

 

Regulatory Marker means any anchored or fixed marker in, on, or over the water, or anchored platform on the surface of the water and includes, but is not limited to, a bathing beach marker, speed zone marker, information marker, congested area marker, or warning marker.

 

Vessel is synonymous with boat as referenced in s.1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

 

Sec. 7-31.     Exclusion Zone.

 

Begin at the intersection of the Town Limits of the Town of Hillsboro Beach as set forth in the Town Charter; and the Erosion Control Line (Point No. 28, Latitude N 26˚18’18.190”, Longitude W 80˚04’35.426”, of sheet 4 of the Plat of said Erosion Control Line), then run along the Town Limit Line N 88˚06’00.0” E, 347.09 Feet MOL to BUOY SITE No. HB 01, (N 26˚18’18.279”, W 80˚04’31.614”) for a Point of Beginning.

 

Thence run, S 7˚10’06.1” W, 585.00 Feet MOL to BUOY SITE HB 02

(N 26˚18’12.536”, W 80˚04’32.461”),

Thence run, S 5˚0l’24.8” W, 585.00 Feet MOL to BUOY SITE HB 03

(N 26˚18’06.768”, W 80˚04’33.070”),

Thence run, S 5˚37’36.8” W, 585.00 Feet MOL to BUOY SITE HB 04

(N 26˚18’01.007”, W 80˚04’33.746”),

Thence run, S 5˚46’56.7” W, 585.00 Feet MOL to BUOY SITE HB 05

(N 26˚17’55.247”, W 80˚04’34.439”),

Thence run, S 6˚30’27.2” W, 585.00 Feet MOL to BUOY SITE HB 06

(N 26˚17’49.495”, W 80˚04’35.213”),

Thence run, S 5˚28’38.3” W, 585.00 Feet MOL to BUOY SITE HB 07

(N 26˚17’43.732”, W 80˚04’35.872”),

Thence run, S 3˚18’27.0” W, 585.00 Feet MOL, to BUOY SITE HB 08

(N 26˚17’37.950”, W 80˚04’36.289”),

Thence run, S 0˚54’24.0” W, 585.00 Feet MOL to BUOY SITE HB 09

(N 26˚17’32.158”, W 80˚04’36.436”),

Thence run, S 0˚36’38.6” E, 585.00 Feet MOL to BUOY SITE HB 10

(N 26˚l7’26.364”, W 80˚04’36.414”),

Thence run, S 10˚15’59.9” W, 585.00 Feet MOL to BUOY SITE HB 11

(N 26˚17’20.67l”, W 80˚04’37.604”),

Thence run, S 10˚01’34.3” W, 585.00 Feet MOL to BUOY SITE HB 12

(N 26˚17’14.973”, W 80˚ 04’38.768”),

Thence run, S 4˚42’48.3” W, 585.00 Feet MOL to BUOY SITE HB 13

(N 26˚17’09.202”, W 80˚04’39.342”),

Thence run, S 3˚15’20.1” W, 585.00 Feet MOL to BUOY SITE HB 14

(N 26˚17’03.420”, W 80˚04’39.753”),

Thence run, S 1˚26’57.6” W, 585.00 Feet MOL to BUOY SITE HB 15

(N 26˚16’57.630”, W 80˚04’39.961”),

Thence run, S 4˚01’34.2” W, 585.00 Feet MOL to BUOY SITE HB l6

(N 26˚16’51.853”, W 80˚04’40.458”),

Thence run, S 4˚50’15.5” W, 585.00 Feet MOL to BUOY SITE HB 17

(N 26˚16’46.083”, W 80˚04’41.046”),

Thence run, S 6˚34’25.2” W, 585.00 Feet MOL to BUOY SITE HB 18

(N 26˚16’40.333”, W 80˚04’4l .827”),

Thence run, S 4˚40’32.2” W, 585.00 Feet MOL to BUOY SITE HB 19

(N 26˚16’34.562”, W 80˚04’42.396”),

Thence run, S 1˚29’35.2” W, 585.00 Feet MOL to BUOY SITE HB 20

(N 26˚16’28.77l”, W 80˚04’42.609”),

Thence run, S 2˚40’37.6” W, 585.00 Feet MOL to BUOY SITE HB 21

(N 26˚16’22.986”, W 80˚04’42.955”),

Thence run, S 3˚18’35.2” W, 585.00 Feet MOL to BUOY SITE HB 22

(N 26˚16’17.204”, W 80˚04’43.372”),

Thence run, S 2˚02’55. 7” W, 585.00 Feet MOL to BUOY SITE HB 23

(N 26˚16’11.416”, W 80˚04’43.647”),

Thence run, S 2˚20’38.3” W, 585.00 Feet MOL to BUOY SITE HB 24

(N 26˚16’05.628”, W 80˚04’43.956”),

Thence run, S 4˚09’32 7” W, 585.00 Feet MOL to BUOY SITE HB 25

(N 26˚15’59.853”, W 80˚04’44.467”),

Thence run, S 2˚47’29.2” W, 585.00 Feet MOL to BUOY SITE HB 26

(N 26˚15’54.068”, W 80˚04’44.826”),

Thence run, S 1˚26’02.2” W, 585.00 Feet MOL to BUOY SITE HB 27

(N 26˚15’48.277”, W 80˚04’45.033”),

Thence run, S 1˚47’53.1” W, 585.00 Feet MOL to BUOY SITE HB 28

(N 26˚15’42.488”, W 80˚04’45.280”),

Thence run, S 4˚00’22.0” W, 585.00 Feet MOL to BUOY SITE HB 29

(N 26˚15’36.711”, W 80˚04’45.774”),

Thence run, S 4˚31’22.0” W, 584.49 Feet MOL to BUOY SITE HB 30

(N 26˚15’30.944”, W 80˚04’46.326”),

Thence run, to the Mean Low Water Line at the Southerly End of the Town of Hillsboro Beach (on the North Shore of Hillsboro Inlet) for a Point of Ending.

 

Said legal description based upon North American 1927 Datum, Florida East Zone, Transverse Mercator Projection.

 

Sec. 7-32.     Intent of article.

 

It is the intent of the Town Commission to prohibit those activities by Persons, which endanger citizens, residents and visitors who use its facilities. The Town Commission further finds and determines that Motorboats which operate in the Exclusion Zone at excessive speeds or in a reckless and unsafe manner create a situation dangerous to the lives and property of persons using said waters within the Exclusion Zone, that excessive Motorboat speed erodes shoreline property and destroys bulkheads, seawalls, docks and piers, and that said excessive speed or the operation of Motorboats in a reckless and unsafe manner reduces other available recreational uses for said waters. The Town Commission further finds and determines that because different size Motorboats create different problems when they operate at the same speed, a flexible regulatory scheme is required.

 

Sec. 7-33.     Prohibitions; Motorboat restricted zones.

 

(a)        It shall be unlawful for any person to operate a Motorboat within the Exclusion Zone in violation of the rules, regulations and standards established by the Town Commission under the authority and power granted in Section 7-35.

 

(b)        No person shall operate a Motorboat or Personal Watercraft, or permit, allow or suffer a Motorboat or Personal Watercraft to be operated in the Exclusion Zone or allowed to moor or tie-up to any Regulatory Marker used within the Exclusion Zone. No person shall be allowed to moor outside the Exclusion Zone and swim towards the shoreline and no person shall be allowed to swim from the shoreline to a Vessel moored outside the Exclusion Zone. Emergency vessels, Motorboats or Personal Watercrafts used solely for the purpose of affecting an emergency/sea rescue or for the purpose of ensuring compliance with federal, state or local laws are excluded from the applicability of this ordinance [section]. A map reflecting the boundaries of the Exclusion Zone shall be available at the Town Clerk's Office for reference by the public. After the effective date of this ordinance, the areas located on the Public Beaches within the beach areas of the Exclusion Zone, as previously described, shall be known as restricted swim areas and shall be governed by the provisions set forth in this ordinance. The Exclusion Zone shall be marked on the water with uniform Regulatory Markers in accordance with applicable state and federal laws and regulations.

 

(c)        The provisions of this ordinance shall be enforced by the Town Police Department and other local, state and federal authorities having jurisdiction over the water located within the Exclusion Zone.

 

(d)        The regulation of Motorboat or Personal Watercraft use in the Exclusion Zone as herein described has been established by the Town Commission under the authority and power granted in Section 7-35, and Sections 327.46 and 327.60, Florida Statutes. The effectiveness of this section shall be subject to approval by the Department of Environmental Protection of the State of Florida of the Exclusion Zone pursuant to Section 327.46, Florida Statutes.

 

Sec. 7-34.     Exceptions; Registration for Residential Owners.

 

(a)        An exception to Section 7-33 is granted to Residential Owners and Residential Owners' guests and invitees, for the operation of Motorboats and/or Personal Watercraft in the Exclusion Zone, subject to the provisions of subsection (b) of this section, where the operation of such Motorboats and/or Personal Watercraft is strictly accessory or incidental to the residential or recreational use of the upland property. No commercial operation of water­craft shall be permitted under this Section. Ingress to and egress from such Residential Owners' property and the eastward boundary of the restricted area shall be by the safest, most direct route, with mechanically powered water­craft proceeding at Idle No Wake Speed and sail powered watercraft proceeding at the minimum speed necessary to maintain safe steerage. Any watercraft al­lowed to operate under this exception may also anchor offshore of such proper­ty.

 

(b)        Residential Owners and Residential Owners' guests and invitees seeking the exception to Section 7-33 must register such Motorboats and/or Personal Watercraft with the Town Clerk. The registration shall include the following information:

 

(1)        The name, address, telephone number and signature of the owner making the registration.

 

(2)        The address of the premises from which operations will be conducted under the exception.

 

Upon receipt and verification of the information provided, a sticker shall be issued for each motorboat and/or personal watercraft so registered, which sticker shall be prominently displayed thereupon.

 

Sec. 7-35.     Power and authority of Town Commission.

 

(a)        The Town Commission shall have the power and authority to establish and enforce Exclusion Zones and to promulgate rules, regulations, and standards designed to reduce the speed of Motorboats and eliminate the operation of Motorboats in a reckless or unsafe manner in any waters lying within the boundaries of the Town, except the Florida Intracoastal Waterway, in accordance with the legislative intent of Section 7-32.

 

(b)        Rules, regulations and standards promulgated by the Town Commission pursuant to the mandate of this section, shall become effective upon adoption by the Town Commission.  (Ord. No. 199, § 1, 01-06-2001)

 

Secs. 7-36 – 7-44.    Reserved.

 

 

ARTICLE IV.  OPERATION OF AIRCRAFT [2]

 

Sec. 7-45.     Restrictions on take off and landing.

 

It shall be unlawful to land or take off in a rotary or fixed wing aircraft within the town, except when such activity is determined to be for the benefit of public health, safety or welfare, or in the event of a genuine in flight emergency.  (Ord. No. 90, § 1, 12-03-1973)

 

Sec. 7-46.     Presumption of violation.

 

For the purposes of construing and enforcing this chapter, all such landings or take offs shall be conclusively presumed to have been made in violation of this article.  (Ord. No. 90, § 2, 12-03-1973)

 

Sec. 7-47.     Jurisdiction of court; scope of hearing.

 

The municipal court, at its discretion, shall have the authority to determine whether such landings or take offs are violative of this article or within the exemptions enumerated.  (Ord. No. 90, § 3, 12-03-1974)

 

Secs. 7-48 – 7-61.    Reserved.

 

ARTICLE V.  OPERATION OF MOTOR VEHICLES [3]

 

Sec. 7-62.     Commercial vehicles and others, operating, parking, standing, etc.

 

It shall be unlawful to operate, park, stand, or use upon any street, or high­way in this municipality, any commercial or other type vehicle that is used for commercial use, unless the owner of said vehicle is designated by letter­ing of three inches minimum size on both sides indicating the name of the corporation, firm, or persons operating said vehicles for commercial use.  (Ord. No. 65, § 2.01, 05-24-1965)

 

Sec. 7-63.     Bulldozers, draglines, etc., operation.

 

It shall be unlawful for any person or persons to maintain or operate a bull­dozer, dragline, excavator or any other piece or pieces of heavy machinery upon the roads or properties including beaches located within the town without first obtaining a permit from the clerk; the tow, prior to the issuance of such permit, may require a cash bond by the person or persons making applica­tion for such permit, the cash bond to be in such sum or sums as may be esti­mated by the clerk to insure the town against any damage to streets or other municipal facilities during the period of operation or maintenance of said heavy machinery. The town may make a reasonable charge for the issuance of said permit and for the inspection as to whether the streets or property with­in the town limits have been damaged; if such charges and costs are assessed under this article, the town shall deduct the same from such cash bond as may be posted, and the balance thereof shall be refunded to the depositor of said bond.  (Ord. No. 7, § 1, 04-18-1949)

 

Sec. 7-64.     Driving while intoxicated.

 

(a)        It shall be unlawful and punishable for any person who is under the influence of intoxicating liquor to the extent that his or her normal faculties are impaired to drive or be in actual physical control of any vehicle operated within the limits of the town.

 

(b)        In any criminal prosecution of a violation of this section, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodi­ly substance shall give rise to the following presumption:

 

(1)        If there was at that time five tenths (0.005) per cent or less by weight of alcohol in the defendant's blood, it shall be conclu­sively presumed that the defendant was not under the influence of intoxicating liquor.

 

(2)        If there was at that time in excess of five tenths (0.005) per cent but less than fifteen hundredths (0.015) per cent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influ­ence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

 

(3)        If there was at that time fifteen hundredths (0.015) per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicat­ing liquor.

 

(4)        The provisions of this subsection shall not be construed as limit­ing the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.

 

(c)        It shall be unlawful and punishable for any person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within the town. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of the state or this municipal­ity, shall not constitute a defense against any charge of violating this section.  (Ord. No. 53, § III, 02-11-1960)

State law reference – Similar provisions, Fla, Stats. 316.028; 860.01

 

Secs. 7-65 – 7-76.    Reserved.

 

 

ARTICLE VI.  CIVIL DISORDERS, DISTURBANCES, DISASTERS, ETC.

 

Sec. 7-77.     Declaration of emergency -- Power of mayor.

 

The mayor shall have the power to declare an emergency exists due to an immi­nent or probable civil disorder, disobedience, disturbance, or disaster.  (Ord. No. 75, § 1, 06-03-1968)

 

Sec. 7-78.     Same – Procedure after issued.

 

Upon declaration of emergency the mayor shall:

 

(a)        Specify the emergency or the basis for the curfew.

 

(b)        Designate boundaries for affected area.

 

(c)        Specify the hours.

 

(d)        Specify the period of time it will remain in effect.

 

(e)        Publish, announce or broadcast the content by public address system or bullhorn at regular intervals throughout the affected area or areas, and the area adjacent thereto.

 

(f)        Reduce the declaration to writing.

 

(g)        Send copies to the sheriff, the chief of police and the news media.  (Ord. No. 75, §§ 1 – 3, 06-03-1968)

 

Sec. 7-79.     Duration; requirements; extensions.

 

During an emergency:

 

(a)        It shall be unlawful for any person to be upon a public street, alley­way, sidewalk or other public place in the designated areas.

 

(b)        The mayor may shorten or lengthen the duration of the emergency accord­ing to necessity.

 

(c)        If extended, must be handled like original declaration – published, announced, broadcast.  (Ord. No. 75, § 5, 06-03-1968)

 

Sec. 7-80.     Excepted persons.

 

The following persons are excepted from rules covering emergencies: law en­forcement officers, city firemen, emergency ambulance crews, emergency utility crews, authorized personnel or recognized news media, with credentials, and those persons who by reason of their profession must travel in the area; however, those excepted persons must promptly obey any proper order of any police officer and their presence is deemed unlawful if they fail to do so.  (Ord. No. 75, § 4, 06-03-1968)

 

Secs. 7-81 – 7-92.    Reserved.

 

 

ARTICLE VII.  NOISES

 

Sec. 7-93.     Loud and Unnecessary Noises.

 

(a)        It shall be unlawful to create, maintain or otherwise cause any unrea­sonably loud, disturbing and unnecessary noises of such character, in­tensity and duration as to disturb the public peace and welfare and otherwise be detrimental to the life and health of any individual, with­in the limits of the town, between the hours of 11:00 PM and 7:30 AM of the following morning.

 

(b)        Any person or corporation violating this ordinance shall be fined not less than five dollars nor more than five hundred dollars and/or impris­onment up to thirty (30) days, and a separate offense shall be deemed committed on each day during or on which a violation occurs.  (Ord. No. 163, § 2, 01-13-1992)

 

Secs. 7-94 – 7-108.     Reserved.

 

 

ARTICLE VIII.  FINGERPRINT AND PHOTOGRAPH REQUIREMENTS

 

Sec. 7-109.   Categories specified.

 

The following persons shall be required to register with the Police Department and to be fingerprinted and photographed:

 

(a)        Each and every person employed in any bar, hotel, restaurant or eating place where food is served.

 

(b)        Every solicitor, peddler, hawker, itinerant merchant or vendor of merch­andise who goes from house to house or apartments within the town limits for the purpose of soliciting orders for the sale of goods, wares and merchandise, excluding however, all persons making bona fide deliveries of goods ordered by customers from established places of business.

 

(c)        Every utility meter reader.

 

(d)        Every person employed as domestic help within the town limits.

 

(e)        Each and every non-resident or transient person employed in or about any private boat or yacht docked within the town limits.

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