§ 54-402. Pattern of nuisance activity.

(a)

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

(1)

Chapter 6 - alcoholic beverages.

(2)

Chapter 34, article II - noise control regulations.

(3)

Chapter 54, article XI - criminal street gang injunction.

(4)

Chapter 54, article XII - sexual offender and sexual predator residence.

(5)

F.S. § 767.12 - dangerous dogs.

(6)

F.S. § 790.15(1) - discharging firearm in public.

(7)

F.S. § 796.06 - renting space to be used for prostitution.

(8)

F.S. § 796.07 - prostitution.

(9)

F.S. § 800.03 - exposure of sexual organs.

(10)

F.S. § 806.13 - criminal mischief.

(11)

F.S. § 810.08 - trespass in structure or conveyance.

(12)

F.S. § 810.09 - trespass on property other than structure or conveyance.

(13)

F.S. § 812.014 - theft.

(14)

F.S. § 812.019 - dealing in stolen property.

(15)

F.S. § 812.173 - convenience business security.

(16)

F.S. § 823.01 - nuisances.

(17)

F.S. § 828.12 - cruelty to animals.

(18)

F.S. § 856.011 - disorderly intoxication.

(19)

F.S. § 856.015 - open house parties.

(20)

F.S. § 856.021 - loitering or prowling.

(21)

F.S. § 856.022 - loitering or prowling in close proximity to children.

(22)

F.S. ch. 874 - criminal gang enforcement and prevention.

(23)

F.S. § 877.03 - breach of the peace; disorderly conduct.

(24)

F.S. ch. 893 - any offense under the Florida Comprehensive Drug Abuse Prevention & Control Act.

(25)

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

(26)

Failure to correct code violations on or before the date specified in the notice of violation issued in accordance with section 26-1 of this Code.

(b)

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

(1)

The police department has responded to three or more nuisance activities at the property within 30 days; or

(2)

The police department has responded to seven or more nuisance activities at the property within six months; or

(3)

An alcoholic beverage establishment that employs private security is located on the property and the police department 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)

Failure to correct code violations by the time ordered by the special magistrate in any order entered pursuant to section 26-2 of this Code; or

(5)

As otherwise provided by this Code.

(c)

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

(1)

A nuisance activity where the property owner, agent, tenant, or invitee of the property owner, agent or tenant is the victim of a crime;

(2)

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

(3)

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

(d)

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

(Ord. No. 4350-11, § 2, 9-6-2011; Ord. No. 4396-11, § 2, 1-9-2012)