§ 26-101. 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:

Board means the nuisance abatement board of the city.

City attorney means the city attorney or such assistant city attorney as may from time to time be designated.

Controlled substance means as provided for in F.S. ch. 893, pursuant to F.S. § 893.138, and includes any substance sold in lieu of a controlled substance in violation of F.S. § 817.563, or any imitation controlled substance defined in F.S. § 817.564.

Criminal street gang means a formal or informal ongoing organization, association, or group that has as one if its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.

Criminal street gang member means a person who is a member of a criminal street gang, as defined in this section, and who meets two or more of the following criteria:

(1)

Admits to criminal street gang membership.

(2)

Is identified as a criminal street gang member by a parent or guardian.

(3)

Is identified as a criminal street gang member by a documented reliable informant.

(4)

Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members.

(5)

Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information.

(6)

Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity.

(7)

Is identified as a criminal street gang member by physical evidence such as photographs or other documentation.

(8)

Has been stopped in the company of known criminal street gang members four or more times.

Manufacture means the same as defined in F.S. § 893.02(13)(a).

Operator means the tenant, lessee, occupant or person having control or possession of a premises.

Pattern of criminal street gang activity means the commission or attempted commission of, or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of delinquent acts or violations of law which would be felonies or misdemeanors if committed by an adult, on separate occasions within a three-year period.

Public nuisance means any place or premises within the city that has been used:

(1)

On more than two occasions, within a six-month period, as the site of a violation of F.S. § 796.07;

(2)

On more than two occasions, within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(3)

On one occasion as the site of the unlawful possession of a controlled substance, as defined in this section, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance as defined in this section;

(4)

By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03; or

(5)

On more than two occasions, within a six-month period, as the site of a violation of F.S. § 812.019, relating to dealing in stolen property.

Sale and delivery mean an actual, constructive or attempted transfer of possession.

Secretary means a person appointed by the mayor to perform the clerical duties necessary to carry out the activities of the board.

(Code 1979, § 2-178.1)

State law reference

Street terrorism enforcement and prevention, definitions, F.S. § 874.03; local administrative action to abate drug related public nuisances and youth and street gang activity, F.S. § 893.138; prohibitions of prostitution, penalty, etc., F.S. § 796.07.

Cross reference

Definitions generally, § 1-2.