§ 14-450. 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:

City attorney means the chief legal advisor for the city or his/her designee.

Clerk of the nuisance abatement board means the person appointed by the city manager to perform the clerical duties necessary to carry out the activities of the nuisance abatement board.

Complaint means written documentation either in the form of a state, federal or local law enforcement report, police report, incident report, arrest report, uniform civil violation notice, warning notice, notice of violation, notarized affidavit, or oral or written sworn statement documenting an incident or reasonable belief (as substantiated by local, state, or federal law enforcement, judicial, or government officials) that a public nuisance is being maintained and/or created upon premises within the city.

Controlled substance means any drug, narcotic, or other substance identified and prohibited under F.S. ch. 893, as amended from time to time.

Criminal street gang shall have the same meaning as set forth under F.S. § 874.03.

Criminal street gang activity shall mean those activities committed by a criminal street gang or member thereof as set forth under F.S. § 874.03.

Dealing in stolen property shall have the same meaning as that provided under F.S. § 812.019.

Delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Nuisance abatement board means the nuisance abatement board of the city.

Owner or operator means the owner, tenant, lessee or person having control or possession of the place or premises.

Place or premises means any residential property, commercial property, farm land, industrial land, land, vacant lot, parking area, vessel, motor vehicle, area controlled by a homeowner or condominium or other similar property owners' association, or other property that comes within the control of a business, or business enterprise, or other activity associated with a business .

Prostitution or prostitution-related activity means any act constituting a violation of F.S. § 796.07.

Public nuisance or nuisance shall be defined as any place or premises within the city which has been used as follows:

(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, 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;

(4)

By a criminal gang for the purpose of conducting criminal 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.

Recurring public nuisance means any single or multiple instance of conduct prescribed in F.S. § 893.138 that occurs during the effective term of an order entered by the nuisance abatement board.

Stolen property shall mean tangible, intangible, personal or real property having any monetary or market value and that has been the subject of any temporary or permanent criminal taking in violation of the laws of the state.

(Ord. No. 2009-14-186, § 3, 6-24-2009)