Chapter 614 - PUBLIC ORDER AND SAFETY

Sec. 609.109. - Applicable Chapters and Parts. Chapter 615 - DOCKING Chapter 614 - PUBLIC ORDER AND SAFETY[1]

Footnotes: --- (1) ---

State Law reference— Vessels and water safety, F.S. Ch. 327; assault and battery, F.S. Ch. 784; exposure of sexual organs, F.S. § 800.03; arson and criminal mischief, F.S. Ch. 806; gambling, F.S. Ch. 849; loitering or prowling, F.S. § 856.021; open house parties, F.S. § 856.015; obstructing highway, F.S. § 861.01; affrays, F.S. § 870.01.

Sec. 614.101. - Carnivals on streets.

It shall be unlawful and a class C offense to hold or conduct an unauthorized carnival, an unauthorized fair or an unauthorized street festival in or upon a street, park or other public space in the City.

(Code 1965, § 38-11; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 330.101.

Sec. 614.102. - Large Gatherings Prohibited.

(a)

Large Gatherings are defined as 50 or more individuals standing or sitting closer than six feet from each other, outside of a completely-enclosed structure, in or near any public right-of-way, property or building in the City for business or social purposes, and which prevents the safe ingress, egress or through-passage of individuals in a public right-of-way, on a property or near a building, where the public has a right of access, in violation of this Section.

(b)

Owner's Consent required; Notice of Prohibited Large Gatherings; Sunset provision on December 31, 2021. (i). The owner, lessee, managing agent or person in charge of a building or property shall prohibit unpermitted Large Gatherings and may authorize a law enforcement officer to reasonably request individuals to move or leave the public right-of-way, building or property if any person within a Large Gathering is sitting or standing in the public right-of-way, near a building or on the property without consent. (ii). Whenever law enforcement has responded to 2 or more Large Gatherings at a property, building or public right-of-way, and the Owner fails to prohibit the Large Gathering, a law enforcement officer shall issue a first warning to the Owner notifying the Owner that he/she is in violation of this Section, and that any subsequent violation shall be subject to a $500 civil penalty. Unless otherwise extended or terminated by the Council, this legislation shall sunset on December 31, 2021.

(c)

Exceptions. The provisions of this Section shall not apply to outdoor gatherings authorized for (i) Special Events pursuant to Chapter 191, Ordinance Code, (ii) individuals exercising First Amendment rights of the United States and the Florida Constitution, such as freedom of religion, freedom of speech and the right of assembly; and (iii) any bona fide athletic event, government-sanctioned activity or any other event where COVID-19 precautions are implemented and enforced.

(d)

For the purpose of this Section, the word "building" shall be deemed to include, but not be limited to, retail or service establishments such as restaurants, convenience stores, laundromats, service stations and other similar establishments open to the public.

(Ord. 2020-759-E, § 1)

Sec. 614.103. - Urination and defecation.

It shall be unlawful for any person to urinate or defecate in or upon any street, sidewalk, alleyway, park, beach, public building, publicly maintained facility or in any place open to the public or exposed to public view. This Section shall not apply or restrict urination or defecation in any restroom fixture specifically designed for the sanitary disposal of human waste located within any restroom or within any other structure designated by the City for such use. This Section shall not apply to urination or defecation in a diaper or medical device designed to absorb or retain urine and feces. However, it shall be unlawful to dispose of a used diaper or the contents of a diaper or medical device in or upon any place regulated by this Section provided that used diapers may be discarded in an appropriate waste receptacle if the diaper is closed or sealed so that the contents will not come loose in the receptacle. Violations of this Section shall be a class B offense and enforced by the Sheriff.

The following conditions will constitute prima facie evidence of public urination and defecation when a person:

(1)

Lies, sits or remains in a public place where there is untreated or improperly treated human waste;

(2)

Maintains a condition capable of or favorable to breeding flies, mosquitoes or other arthropods capable of transmitting, directly or indirectly, diseases to humans as a result of the presence of human waste; or

(3)

Maintains a condition that results in noxious and nauseous odors that are irritating, annoying or offensive to a person of normal sensibilities, or that are injurious to human, plant or animal life, or that reasonably interfere with the use and enjoyment of property.

(Ord. 2024-687-E, § 1)

Sec. 614.104. - Assistance with Immigration Enforcement.

It shall be required that all agencies, departments and executive departments of the City (as defined in Section 1.102), independent authorities and constitutional officers shall provide full and complete assistance to any federal or State official, agency or individual charged with the enforcement of any lawful federal or state immigration laws, including use of any necessary resources, facilities, programs or personnel of the Consolidated Government of the City of Jacksonville. Any failure to render such assistance shall be considered an act of malfeasance and dereliction of duty by such official or employee and shall be punished using any available means.

(Ord. 2025-147-E, § 2)

Sec. 614.105. - Reserved.

Editor's note— Former § 614.105, which pertained to open storage of motor vehicle tires and derived from § 1 of Ord. 86-1293-872, was repealed by § 1 of Ord. 89-1301-649.

Sec. 614.106. - Loitering, soliciting, begging, etc., in public offices or buildings open to the public.

The Council finds that any person who loiters or prowls in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity constitutes a threat to the public safety or breach of peace. The Council further finds that a person commits the offense of loitering when that person knowingly loiters in any place with one or more persons knowing that a narcotic or dangerous drug, as detailed in F.S. Ch. 893 is being unlawfully used or possessed.

(a)

It shall be unlawful for a person to linger, loiter, sit or stand in any public room in any hotel, office or building in the City or to use any public room for business or social purposes in violation of the expressed wish of the owner, lessee, managing agent or person in charge of the building in which the public room, as defined herein, is situated. For the purpose of enforcement of this Section, it is presumed that if the owner, lessee, managing agent or other person in charge of a building prominently displays a copy of this Section as provided in subsection (e) of this Section, or prominently displays a sign on the premises stating, generally, NO LOITERING, SECTION 614.106, MUNICIPAL CODE, that he considers the activities declared unlawful in this Section to be in violation of his expressed wish.

(b)

It shall be unlawful for a person to solicit customers or patronage for himself or on behalf of any other person or distribute advertising or advertising matter upon the premises in any hotel, office or building in the City or to solicit, seek or beg for donations or charity for himself or on behalf of any person upon the premises of or in a hotel, office or building without first having secured the written consent so to do from the owner, lessee, managing agent or person in charge of the operation of the hotel, office or building.

(c)

For the purpose of this Section, the words public rooms shall be deemed to include a basement, building entrance or doorway, lobby, hallway, stairway, mezzanine, elevator, foyer, independent parking lots or others adjacent to or used in connection with the premises, public rest- or sitting rooms or any other place used in common by the public, tenants, occupants or guests and situated in a hotel, office or building in the City. Furthermore, for the purpose of this Section, the word building shall be deemed to include, but not limited to, retail or service establishments such as restaurants, convenience stores, laundromats, service stations and other similar establishments open to the public.

(d)

The provisions of this Section shall not apply to anyone while in the employ of the United States, State or City during the time the person is in a public room in a hotel, office or building in the City; provided, that the person is engaged in the performance of his designated and official duties.

(e)

Each owner, lessee, managing agent or person in charge of the operation of a hotel, office or building desiring to avail himself of the provisions of this Section shall keep a printed or typewritten copy of this Section in some place in the lobby or entrance to the building where it may be read by persons going in or out of the building and the owner, lessee, managing agent or person in charge of the operation of a building may also make such rules and regulations, not inconsistent with the provisions of this Section, as he may so desire.

(f)

Violation of this Section shall constitute a class C offense.

(Code 1965, § 26-25; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-380-270, § 1)

Note— Former § 330.106.

Sec. 614.107. - Loitering for purposes of prostitution.

(a)

It shall be unlawful and a class D offense for a person to loiter in or near a thoroughfare, street, highway or place open to the public in a manner and under circumstances manifesting the purpose and intent of inducing, enticing, soliciting or procuring another to commit an act of prostitution, lewdness or assignation.

(b)

In order for there to be a violation of this Section, the person's affirmative language or conduct must be such as to demonstrate by its express or implied content or appearance a specific intent to induce, entice, solicit or procure another to commit an act of prostitution, lewdness or assignation.

(c)

For the purpose of this Section:

(1)

Assignation means the making of an appointment or engagement for prostitution or lewdness or an act in furtherance of such an appointment or engagement.

(2)

Lewdness shall mean sodomy, cunnilingus, fellation, masturbation or analingus.

(3)

Prostitution shall mean the giving or receiving of the body for sexual intercourse for hire or the giving or receiving of the body for licentious sexual intercourse without hire.

(d)

If any clause, Section or other part of this Section shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Section shall not be affected thereby, but shall remain in full force and effect.

(Ord. 79-74-24, § 1; Ord. 83-591-400, § 1; Ord. 83-1127-711, § 1)

Note— Former § 330.107.

Sec. 614.108. - Reserved.

Editor's note— The provisions of former § 614.108, relative to bathing in creeks or waterways, were deleted as part of the Super Supplement to the Code. Former § 614.108 derived from Code 1965, § 26-3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1.

Note— Former § 330.108.

Sec. 614.109. - Welding torches to be screened when used in public.

It shall be unlawful and a class A offense for a person to operate or use an electric, acetylene or other torch or welding machine upon the streets or in the parks or other public places of the City unless the person operating or using the torch, machine or device keeps and maintains a suitable screen or fender around the torch, machine or device so as to prevent visibility of the glare therefrom and to prevent sparks from escaping and thereby doing injury to persons or property.

(Code 1965, § 26-71; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 330.109.

Sec. 614.110. - Reserved.

Editor's note— Ord. 94-1149-771, § 1, enacted July 25, 1996, amended the Code by repealing § 614.110 in its entirety. Former § 614.110 pertained to handbills and circulars, and derived from Ord. 70-650-526; Ord. 71-397-181; and Ord. 83-591-400, § 1.

Note— Former § 330.110.

Sec. 614.111. - Reserved.

Editor's note— The provisions of former § 614.111, relative to causing fire or conflagration in hotels, etc., were deleted as part of the Super Supplement to the Code. Former § 614.111 derived from Code 1965, § 26-20; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1.

Note— Former § 330.111.

Sec. 614.112. - Damaging private property.

(a)

It shall be unlawful for a person wilfully to damage, deface or destroy personal or real property owned by or in the possession of another person.

(b)

No person shall:

(1)

Wilfully or maliciously injure or destroy any portion of a privately-owned waterworks machinery, fixtures or property belonging or appertaining to the waterworks.

(2)

Wilfully or maliciously throw sticks, trash or other rubbish, or pollute or otherwise injure any basin, reservoir or well used as a part of the water supply of a privately-owned waterworks.

(3)

Wrongfully interfere with or open any fire hydrant or valve.

(4)

Wrongfully use or waste any water from a fire hydrant or valve.

(c)

Violation of any of the provisions of this Section shall constitute a class D offense.

(Code 1965, § 26-61; Ord. 69-572-463, §§ 1, 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 330.112.

Sec. 614.113. - Conduct in public stadium.

(a)

It shall be unlawful and a class A offense for a person, while viewing, as a spectator, a game, sports, exhibition or entertainment in a public stadium, coliseum or similar area, unnecessarily to stand in front of a grandstand, bleacher or other regularly assigned seating space for spectators so as to hinder or obstruct the view of a spectator during the progress of the game, sport, exhibition or entertainment.

(b)

It shall be unlawful and a class A offense for a person to throw a bottle, cushion or other missile or thing in or upon the grounds of a public stadium, coliseum or similar area in the City.

(c)

It shall be unlawful for a person to possess, use or open an umbrella in the Gator Bowl while viewing, as a spectator, a game, supporting event, exhibition or other entertainment occurring therein. Any person found guilty of violating the provisions of this subsection shall subject to a fine of up to $25.

(Code 1965, §§ 26-50, 26-51; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 84-358-106, § 1)

Note— Former § 330.113.

Sec. 614.114. - Crossing or tampering with police barricades.

(a)

For the purpose of this Section, police barricade is defined as an obstruction or barrier of any kind which displays the designation Police Barricade and the instruction Do Not Cross and the official insignia or name of the Sheriff's Office, and has been placed in position by or at the direction of an officer of the Sheriff's Office.

(b)

It shall be unlawful and a class D offense for a person to knowingly cross, pass, breach or otherwise violate, remove, damage or destroy an official police barricade.

(c)

Subsection (b) of this Section shall not apply to law enforcement officers, firefighters or other emergency personnel acting within the scope of their various official duties, with the approval of the on-scene commanding officer of the Sheriff's Office.

(Ord. 79-1263-613, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.114.

Sec. 614.115. - Detention; reasonable cause.

(a)

A law enforcement officer of the City, having reasonable cause to do so, may, in the manner hereinafter described, detain a person observed by him in a public place or on private property evidently not his own to inquire into the person's identity.

(b)

An officer shall have reasonable cause to detain and inquire when he has reasonable grounds to believe that the person so observed may recently have committed or may imminently commit an offense or any act injurious to the person or property of another in the immediate vicinity and when one or more of the following circumstances exist:

(1)

The time is during hours of darkness in a place where persons are not usually found at such time.

(2)

The person observed:

(i)

Has an appearance, demeanor or manner not usual to persons in the immediate vicinity; provided, that no person shall be subject to detention and inquiry solely by reason of his race, creed or national origin.

(ii)

Is standing, walking or running furtively or in concealment.

(iii)

Has possession of a tool or device recognized by the officer as being commonly used in the commission of a crime.

(iv)

Attempts to avoid or escape the approaching officer.

(c)

Detention and inquiry shall be conducted in the following manner:

(1)

The officer shall detain the person so observed at the time and place where he is found and, first identifying himself and the cause for the detention and inquiry, the officer shall ask the person detained to identify himself by name and address and may ask him to produce written identification reasonably confirming his identity.

(2)

The officer shall release the detained person if he orally identifies himself by name and address and produces written identification reasonably confirming his identity. The officer may request that the detained person forthwith leave the immediate vicinity if the detained person fails to produce written identification reasonably confirming his identity and, in the circumstances set forth in subsection (b) of this Section, the officer has reasonable grounds to believe that the person may imminently commit an offense or an act injurious to the person or property of another in the immediate vicinity.

(3)

Any person who:

(i)

Declines to identify himself orally by name and address; or

(ii)

Fails to leave the immediate vicinity at the officer's request, after failing to produce written identification reasonably confirming his identity,

May be further detained by the officer in the officer's patrol car or at any identification headquarters designated by the Sheriff. During detention, the person detained may be further interrogated, photographed and fingerprinted for identification purposes and an investigation may be made as to whether a law enforcement authority seeks custody of the person for an alleged criminal offense. Unless there is probable cause to arrest a person detained as authorized by this paragraph, the person shall be released upon the expiration of three hours of detention or when the foregoing purposes of identification are accomplished, whichever shall first occur. Thereupon, at the election of the detained person, he shall be transported by an officer to the place where he was first detained. The officer shall make a full written report of a detention made under this paragraph.

(4)

The officer may search a detained person for firearms or other dangerous instruments which the officer reasonably believes, under the circumstances then existing, may attempt to injure the officer in the course of the detention.

(d)

A detained person who shall knowingly and wilfully identify himself falsely to any officer lawfully detaining him, either orally or by displaying false written identification, shall be guilty of a class D offense.

(e)

An officer who shall knowingly and wilfully harass or oppress a person under authority of this Section, without reasonable cause to detain and inquire, shall be appropriately disciplined by the Sheriff.

(Ord. 72-204-176, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.116.

Sec. 614.116. - Reserved.

Editor's note— The provisions of former § 614.116, relative to obstructing flow of water, were deleted as part of the Super Supplement to the Code. Former § 614.116 derived from Ord. 75-436-241, § 2; Ord. 83-591-400, § 1.

Note— Former § 330.117.

Sec. 614.117. - Obstructing public passages.

It shall be unlawful and a class D offense for a person, with the specific intent to do so and without other lawful purpose, wilfully to obstruct the free, convenient and normal use of a sidewalk, street, highway, bridge, alley or road, or a public passageway of any public building or structure, by impeding, hindering, retarding or restraining traffic or passage.

(Ord. 72-205-188, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.118.

Sec. 614.118. - Refusal to disperse.

It shall be unlawful and a class D offense for a person to refuse to remove himself from the vicinity, after being requested to do so by a police officer engaged in the execution of his legal duty, where three or more persons are engaged in conduct in the vicinity, which conduct is causing or is reasonably likely to cause violence, disorder or breach of the public peace.

(Ord. 72-206-189, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.119.

Sec. 614.119. - Profanity in public place.

It shall be unlawful and a class D offense for a person, while in a public place, to speak to another person profane, derisive, offensive or annoying language, which language would create a substantial threat of immediately provoking to violence a person of ordinary sensibilities and temperament.

(Ord. 72-208-160, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.120.

Sec. 614.120. - Making threats.

It shall be unlawful and a class D offense for a person to communicate or cause to be communicated, either orally or in writing, a threat to do physical harm to the person or property of another.

(Ord. 72-208-160, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.121.

Sec. 614.121. - Use of laser pointers.

(a)

As used in this Section, the following terms shall have the following meanings:

(1)

Laser pointer means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

(2)

Person means any natural person, corporation, partnership, firm, organization or other legal entity.

(3)

Public place means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any building open to the public and any street, highway, sidewalk, stadium, theater, public school, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designated for actual residence.

(b)

It shall be unlawful for any person to intentionally aim, focus, point or shine a beam, from any sort of laser pointing device directly or indirectly on another person or on an animal in such a manner as to frighten, harm, annoy, or injure said person or animal.

(c)

Any person who violates the provisions of this Section shall be guilty of a class D offense.

(Ord. 1999-362-E, § 1; Ord. 2011-559-E, § 2)

Editor's note— Ord. 2011-559-E, § 2, renumbered former § 620.109 as a new § 614.121.

Sec. 614.122. - Assault.

It shall be unlawful and a class D offense for a person to commit an assault upon another person.

(Ord. 72-210-161, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.123.

Sec. 614.123. - Fighting.

It shall be unlawful and a class D offense for a person, while in a public place, to engage in a fight or mutual combat with another person or persons; provided, that this Section shall not apply to duly authorized or licensed boxing or wrestling contests.

(Ord. 72-211-191, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.124.

Sec. 614.124. - Indecent exposure.

It shall be unlawful and a class D offense for a person to expose or exhibit his sexual organs in a vulgar or indecent manner:

(a)

In a public place.

(b)

On the private premises of the person so as to be seen from a public place or other private premises.

(Ord. 72-212-192, § 1; Ord. 83-591-400, § 1)

Note— Former § 330.125.

Sec. 614.125. - Reserved.

Editor's note— The provisions of former § 614.125, relative to smoking in the Coliseum and public libraries, were deleted as part of the Super Supplement to the Code. Former § 614.125 derived from Ord. 73-448-117, § 1; Ord. 83-591-400, § 1.

Note— Former § 330.128.

Sec. 614.126. - Unlawful to fish from posted City property; Recreation and Parks Department to post property; waste disposal.

(a)

It shall be unlawful for a person to fish for commercial purposes, seine, cast or use drag nets from City-owned property posted as "NO FISHING" by the Director, Recreation and Parks Department, or other authorized official.

(b)

It shall be unlawful for a person to litter, throw, lay or otherwise dispose or ashes, paper, dirt, boxes, garbage, refuse, noncombustible refuse, fish parts or rubbish of any kind in any park or other City property, except in a public trash receptacle or container.

(c)

Violation of this Section shall constitute a class A offense.

(Ord. 82-238-235, § 1; Ord. 82-703-245, § 1; Ord. 83-591-400, § 1; Ord. 2002-547-E, § 4; Ord. 2005-1283-E, § 7; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 330.130.

Sec. 614.127. - Reserved.

Editor's note— The provisions of former § 614.127, relative to disorderly house, prostitution, were deleted as part of the Super Supplement to the Code. Former § 614.127 derived from Code 1965, § 26-8; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1.

Note— Former § 330.409.

Sec. 614.128. - Disorderly house—Gambling.

(a)

Every house, booth, tent, shelter or other place within the City wherein is permitted gaming or gambling in the form of playing cards, keno, roulette, faro or other games of chance by any device whatsoever, for money or other thing of value, is hereby declared to be a disorderly house. All persons frequenting a disorderly house, whether participants or not, are declared to be disorderly persons and shall be deemed guilty of a class D offense.

(b)

Whoever, by himself, his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, gambling implements or apparatus or a house, booth, tent, shelter or other place for the purpose of gaming or gambling or in a place of which he may directly or indirectly have charge, control or management, either exclusively or with others, and procures, suffers or permits a person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, is hereby declared a keeper of a disorderly house and shall be deemed guilty of a class D offense.

(c)

Reserved.

(Code 1965, § 26-9; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 330.410.

Sec. 614.129. - Alcoholic beverages and drugs at open parties.

(a)

The Council finds that the use of alcohol and drugs by minors causes social problems in delinquency of minors, education, and police regulation in Duval County. The use of alcohol and drugs by minors has had devastating effects upon not only the minors themselves, but also upon the public at large through an alarming number of injuries from motor vehicle accidents in Duval County caused by minors under the influence of alcohol or drugs. In order to preserve the public health, safety and welfare in Duval County, adults and minors who conduct open parties should be prohibited from serving or dispensing alcoholic beverages or drugs at open parties and should further be prohibited from admitting minors to open parties who are in possession of alcoholic beverages or drugs.

(b)

As used in this Section:

(1)

Alcoholic beverage means any beverage containing more than one percent alcohol by weight, as determined in accordance with F.S. § 561.01(4)(b).

(2)

Drug means any controlled substance as defined in F.S. § 893.02(3) and F.S. § 893.03.

(3)

Lot means any unimproved lot, tract of land, acreage, or other open space in which an open party is conducted.

(4)

Minor means a person not legally permitted by reason of age to possess alcoholic beverages under F.S. Ch. 562.

(5)

Open party means a social gathering at a residence, lot or public lodging establishment which includes invitees who are not family members.

(6)

Person in charge means any adult or minor having the custody, charge, or control of any residence, lot or rented premise in any public lodging establishment and includes any person assisting the person in charge in the conduct of an open party by serving or dispensing alcoholic beverages or drugs, control of the admission of the guests, collection of money or other services necessary for the conduct of the open party.

(7)

Public lodging establishment means any hotel, motel or other place defined in F.S. § 501.013.

(8)

Residence means a home, apartment, condominium or other dwelling unit and the curtilage thereof.

(c)

No person in charge of any open party in Duval County shall:

(1)

Dispense or permit others to dispense or serve alcoholic beverages or drugs to minors.

(2)

Knowingly permit entry to the residence, lot, public lodging establishment, rented room or open party to any minor in possession of alcoholic beverages or drugs or fail to eject the minor from the open party once such possession is discovered.

(d)

This Section shall not apply to the use of alcoholic beverages at constitutionally protected religious observances or to any gathering limited to immediate family members.

(e)

Violation of any provision of this Section by any person shall be unlawful and shall constitute a class D offense.

(Ord. 85-464-234, § 1)

Sec. 614.130. - Fraudulent accosting.

No person shall fraudulently accost another person in a public place with the intent to defraud that person of money or other property.

(a)

A person is guilty of the offense of fraudulent accosting when he accosts a person in a public place with the intent to defraud that person of his money or other property by means of a trick, swindle or confidence game.

(b)

A person who, either at the time he accosts another person in a public place or some subsequent time or at some other place, makes statements to him of a kind commonly made or performed in the perpetration of a known type of confidence game, trick or swindle, is presumed to intend to defraud such person of his money or other property.

(c)

A violation of this Section shall constitute a class D offense.

(Ord. 85-1047-557, § 1)

Sec. 614.131. - Reserved.

Editor's note— The provisions of former § 614.131, relative to structures in excess of 110 feet above the ground, were deleted as part of the Super Supplement to the Code. Former § 614.131 derived from Ord. 85-1048-558, § 1.

Sec. 614.132. - Regulations on operation of boats.

(a)

The Council finds that the recent increase in boating activity and water skiing activity on the tributaries of the St. Johns River, all in Duval County, has created increased congestion and safety hazards for the boating public. Further, when dredged by the U.S. Army Corps of Engineers, the Mill Cove flow channel may attract more power-driven vessels attempting to transit the cove at much higher speeds than was possible before the dredging. It would be in the best interest and safety of the citizens and the boating public in Duval County to establish certain slow speed minimum wake zones and certain no skiing zones, on the tributaries of the St. Johns River. This concept has been recommended and endorsed by the Jacksonville Waterways Commission.

(b)

As used in this Section:

(1)

Slow speed minimum wake zone means a restricted or controlled zone which has been established to protect the interest of the public in which a vessel must not proceed at a speed greater than that speed which is reasonable and prudent to avoid an excessive wake or condition under the existing circumstances. A motorboat in an area designated as a slow speed minimum wake zone:

(i)

That is operating on a plane is not proceeding at slow speed minimum wake speed.

(ii)

That is in the process of coming off plane and settling into the water, which action creates more than no wake or minimum wake is not proceeding at slow speed minimum wake speed.

(iii)

That produces no wake or minimum wake is proceeding at slow speed minimum wake speed.

(iv)

That is completely off plane and which has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed minimum wake speed.

(2)

No skiing zone means a restricted or controlled zone which has been established to protect the interest of the public in which no water skiing, aquaplaning, or other similar activity shall take place utilizing such devices as water skis, aquaplaning, or other similar activity shall take place utilizing such devices as water skis, aquaplane, innertube, sled or similar device.

(3)

The definitions contained in subsections (b)(1) or (2) of this Section shall not apply to a motorboat or performer engaged in a supervised professional exhibition, official regatta, boat race, marine parade, tournament, or exhibition in such zones or to a person practicing for such event, so long as the event has been approved, authorized or sanctioned by the City for occurrence in such restricted zone. These restrictions shall also not apply in the case of an emergency or to patrol or rescue vessels.

(c)

The following areas are hereby designated as slow speed minimum wake zones within the waters of Duval County:

(1)

On Pottsburg Creek from N. 30°17′16″ latitude, W. 81°34′15″ longitude on the North to N. 30°17′11″ latitude, W. 81°34′15″ longitude on the South (area of Beach Boulevard Bridge crossing).

(2)

On Pottsburg Creek from N. 30°18′48″ latitude, W. 81°35′42″ longitude on the North to N. 30°18′44″ latitude, W. 81°35′45″ longitude on the South (area of Atlantic Boulevard Bridge crossing).

(3)

Under the Grand Avenue Bridge on the Ortega River, located at N. 30°16′49″ latitude, W. 81°42′21″ longitude.

(4)

Within 100 yards parallel to the marinas situated on the Ortega River, from N. 30°16′49″ latitude, W. 81°42′21″ longitude on the North to N. 30°16′25″ latitude, W. 81°43′02″ longitude on the South.

(5)

Within 100 yards on either side of the marinas located adjacent to the San Juan Avenue Bridge on the Cedar River, located at N. 30°16′55″ latitude, W. 81°44′27″ longitude.

(6)

On the Sweetwater Branch of Julington Creek from N. 30°08′00″ latitude, W. 81°35′51″ longitude on the West to N. 30°08′00″ latitude, W. 81°35′34″ longitude on the East (Hood Landing boat ramp area).

(7)

Cedar River from the San Juan Bridge to the headwaters of the Cedar River from April 1 to August 31 only.

(8)

The waters of Mill Cove south of a line beginning at Lat. 30°23′38″ N./Long. 81°37′06″ W.; passing through Lat. 30°23′35′ N./Long. 81°36′33″ W., Lat. 30°23′23″ N./Long. 81°36′18″ W., Lat. 30°23′11″ N./Long. 81°35′49″ W., 30°22′52″ N./Long. 81°35′16″ W., Lat. 30°22′34″ N./Long. 81°34′08″ W., Lat. 30°22′19″ N./Long. 81°33′34″ W., Lat. 30°22′21″ N./Long. 81°32′48″ W.; and, ending at Lat. 30°22′46″ N./Long. 81°32′22″ W.

(9)

Within 100 yards (300 feet) on both sides of the Shad Creek Bridge on Heckscher Drive, located at Lat. 30°16′49″ N./Long. 81°42′21″ W., from shore to shore.

(10)

Within 100 yards (300 feet) on both sides of the Cesery Bridge on Cesery Blvd., located at Lat. 30°19'22" N./Long. 81°35'51" W., from shore to shore.

(d)

The following areas are hereby designated no skiing zones within the waters of Duval County.

(1)

Beginning at a point located at N. 30°17′47″ latitude, W. 81°34′36″ longitude (commonly known as the Osprey's Nest) on Pottsburg Creek and continuing upstream therefrom to the headwaters of Pottsburg Creek.

(2)

Under the Atlantic Boulevard Bridge on Pottsburg Creek, from N. 30°18′48″ latitude, W. 81°35′42″ longitude on the North to N. 30°18′44″ latitude, W. 81°35′45″ longitude on the South.

(3)

Beginning at a point located at N. 30°13′12″ latitude, W. 81°42′46″ longitude on the Ortega River and continuing upstream therefrom to the headwaters of the Ortega River.

(4)

Beginning at a point located at N. 30°08′05″ latitude, W. 81°34′47″ longitude on the Sweetwater Branch of Julington Creek and proceeding easterly upstream therefrom to the headwaters of Julington Creek.

(5)

Beginning at a point located at N. 30°07′33″ latitude, W. 81°35′41″ longitude on the Durbin Creek Branch of Julington Creek and proceeding easterly upstream therefrom to the headwaters of Julington Creek.

(e)

Any person violating this Section shall be guilty of a noncriminal offense punishable by a civil penalty of $35, which civil penalty shall be paid to the Tax Collector in a manner similar to the provisions for payment of civil penalties as prescribed by F.S. § 327.73.

(Ord. 86-881-661, § 1; Ord. 87-848-384, § 1; Ord. 88-423-178, § 1; Ord. 2001-457-E, § 2; Ord. 2001-525-E, § 1; Ord. 2008-572-E, § 1; Ord. 2019-463-E, § 3; Ord. 2023-216-E, § 3)

Sec. 614.133. - Prohibited activities in City parks.

(a)

It shall be unlawful for a person to engage in any of the following activities in a City park or designated portion thereof:

(1)

Possess or utilize any glass container in any City park which has been designated and posted by the Director of Recreation and Parks as a City park where such possession and utilization of a glass container is prohibited.

(2)

Ride or bring a horse into any City park which has been designated by the Director of Recreation and Parks as a City park where horses are prohibited. This subsection shall not apply to horses of the Sheriff's Mounted Patrol or to horses involved in a special event that has been approved by the Director or to situations where prior arrangements and permission have been coordinated with the Director. The Director may prescribe rules and regulations to be followed to implement utilization of the park or part thereof for this usage.

(3)

Smoking tobacco products or use of vapor-generating devices. As used in this subsection, "smoking" shall mean inhaling, exhaling, burning, or otherwise using any tobacco product, or the use of an electronic smoking device or vapor-generating device. "Tobacco product" is defined to include cigarettes, pipe tobacco, filtered cigars, chewing tobacco, snuff, snus, or other plant product (including marijuana, hemp or other plant-based products) intended for inhalation, and any other lighted tobacco product, whether natural or synthetic, except unfiltered cigars (the regulation of which is pre-empted by F.S. § 386.209. The Director of Parks, Recreation and Community Services shall update applicable parks policies and signage, as deemed appropriate by the Director, to notify the public of this prohibition. Notwithstanding the foregoing, the presence or absence of signs shall not be a defense to a charge of smoking in violation of this Ordinance.

(b)

Violation of this Section shall constitute a class A offense.

(Ord. 87-846-522, § 1; Ord. 2005-1283-E, § 7; Ord. 2011-732-E; Ord. 2023-567-E, § 1)

Editor's note— The editors changed the number of § 614.130 referred to in § 1 of Ord. 87-846-522 to § 614.105 pursuant to § 1.204.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 614.134. - Offenses involving sexually transmissible diseases; screening.

(a)

As used in this Section:

(1)

Assignation means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

(2)

Department means the City's Public Health Unit.

(3)

Lewdness means any indecent or obscene act.

(4)

Prostitution means the giving or receiving of the body for sexual activity for hire. As used in this subsection (a) of this Section, prostitution shall be construed to exclude sexual activity between a husband and his wife.

(5)

Sexual activity means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.

(6)

Sexually transmissible disease means a bacterial, viral, fungal, or parasitic disease, determined by the Department to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest will be served by providing for regulation.

(b)

In considering which diseases are to be designated as sexually transmissible diseases, the Department shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human T-lymphotropic virus type III (HTLV-III) infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for the purpose of this Section.

(c)

It is unlawful and a class D offense for any person:

(1)

To keep, set up, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation or prostitution.

(2)

To offer, or to offer to agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.

(3)

To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.

(4)

To direct, take or transport, or to offer or agree to take or transport, any person to any place, structure or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.

(d)

It is unlawful and a class D offense for any person:

(1)

To offer to commit, or to commit, or to engage in prostitution, lewdness, or assignation.

(2)

To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation with himself or herself.

(3)

To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.

(4)

To aid, abet, or participate in the doing of any of the acts or things enumerated in subsections (d)(3) and (d)(4) of this Section.

(5)

To purchase the services of any person engaged in prostitution.

(e)

Any person arrested under enumerated subsections (c) or (d) of this Section may request screening for a sexually transmissible disease under the direction of the Department, and, if infected, shall submit to appropriate treatment and counseling.

(f)

Any person convicted under enumerated subsections (c) or (d) of this Section for participation in an act of prostitution shall be required to undergo screening for a sexually transmissible disease under the direction of the Department and, if infected, shall submit to treatment and counseling as a condition of release from probation, community control or incarceration.

(g)

Any person who participates in an act of prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease and knew or had been informed that he or she had tested positive for a sexually transmissible disease and that he or she could possibly communicate such disease to another person through sexual activity is guilty of a class D offense. Any person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime or crimes as set forth above.

(h)

The Department or its authorized representative may examine or cause to be examined any person or inmate who injures a law enforcement or correctional officer, or security personnel employed by the City or its independent agencies, or a firefighter or paramedic acting within the scope of employment. Evidence of injury and a statement by a licensed physician that the nature of the injury is such as to result in transmission of a disease covered by this Chapter shall constitute probable cause for issuance of a warrant duly authorized by a court of competent jurisdiction.

(Ord. 87-1494-839, § 1)

Secs. 614.135, 614.136. - Reserved.

Sec. 614.137. - Reserved.

Editor's note— Ord. 2005-917-E, § 5, amended the Code by repealing former § 614.137 in its entirety. Former § 614.137 pertained to bathing and washing clothes in public fountains and lakes, and derived from Ord. 94-905-515, § 1. Similar provisions may now be found in § 28.515.

Sec. 614.138. - Certain activities prohibited; definitions.

(a)

It shall be unlawful for any person to engage in the following conduct:

(1)

Public camping or sleeping on or in any public property, public building, or public right-of-way under the jurisdiction of the City unless conducted on a public property the City has designated for such purpose pursuant to F.S. § 125.0231;

(2)

Unless the place is temporarily or permanently set apart or designed for lodging in motor vehicles, to sleep or lodge in or on any motor vehicle of any description, including any vehicle designed to be towed, that is parked in or on any street, sidewalk, highway, roadway, right-of-way, parking lot, park or picnic grounds or other public area, or parked upon the grounds of any other person without permission of such person; or

(3)

Construct or maintain on or in any public property, public building, or public right-of-way within the City unless conducted on a public property the City has designated for such purpose pursuant to F.S. § 125.0231, or upon the grounds of any other person without the permission of such person, any building, structure, tent, tarp or any other thing that is intended to be used for housing accommodations or for public camping or sleeping.

Violations of this subsection shall be a class B offense and shall be enforced by the Sheriff. In the event the Sheriff makes a physical arrest of any person under this subsection, personal property belonging to the arrestee shall be retained by the City for 35 days after their arrest or five days after their release, whichever is less. For purposes of this subsection, "personal property" means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition may be immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Sheriff until an alternate disposition is determined. All personal property belonging to an arrestee which is not disposed of, or held as evidence, as provided above, shall be reasonably available for and released to an individual confirming ownership.

(b)

It shall be unlawful for any person within the "Central Core Enhancement Area" to:

(1)

Solicit or beg on any sidewalk, highway, street, roadway, right-of-way, parking lot, park or picnic grounds or other public or semi-public area, or in any building lobby, entranceway, plaza or common area without the permission of the owner thereof; or

(2)

Approach an operator or other occupant of a motor vehicle for the purpose of soliciting or begging or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services.

(c)

Except as provided in Section 804.807, Ordinance Code, it shall be unlawful for any person within the City to:

(1)

Solicit or beg in an aggressive manner on any sidewalk, highway, street, roadway, right-of-way, parking lot, park or picnic grounds or other public or semi-public area or in any building lobby, entranceway, plaza or common area; or

(2)

Approach an operator or other occupant of a motor vehicle for the purpose of soliciting or begging or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such soliciting or begging or offering or soliciting is done in an aggressive manner.

(d)

Certain terms used in this Section shall have the following meanings:

(1)

Aggressive manner shall mean:

(i)

Approaching or speaking to a person, or following a person before, during or after soliciting or begging, if that conduct is intended or is likely to cause a reasonable person to:

(A)

Fear bodily harm to oneself or to another, damage to or loss of property, or

(B)

Otherwise be intimidated into giving money or other thing of value, or

(C)

Suffer unreasonable annoyance or alarm;

(ii)

Intentionally touching or causing physical contact with another person or a vehicle operated by another person, without that person's consent, in the course of soliciting or begging;

(iii)

Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; or

(iv)

Using violent or threatening gestures toward a person being solicited or begged.

(2)

Public camping or sleeping means:

(i)

Lodging or residing in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of bedding or pillows, or the storage of personal belongings; or

(ii)

Lodging or residing in an outdoor space without a tent or other temporary shelter.

(iii)

The term does not include lodging or residing in a motor vehicle that is registered, insured, and located in a place where it may lawfully be parked for temporary lodging or residing.

(iv)

The term does not include camping for recreational purposes on property designated for such purposes.

(3)

Capacity means the existence of facilities such as beds and/or sleeping areas within a shelter located within the City, whether public or private, which facilities provides shelter for the homeless or those seeking such shelter.

(4)

Courthouse security zone means the area or areas within a one-block radius of any federal or State courthouse.

(5)

Lodge or lodging means to live or reside in a place temporarily or permanently.

(6)

Solicit or beg shall mean using the spoken or written word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value.

(7)

Central Core Enhancement Area shall mean that area of approximately 5,061 acres (approximately 7.91 square miles) within the City located on both sides of the City's downtown riverfront area, extending south to include portions of the San Marco area on the Southbank, extending south and west from downtown in the Riverside area, and extending north to include the Springfield area combined with an area east of downtown encompassing the stadium and sports events area, all generally described as follows: FOR A POINT OF BEGINNING; BEGIN at the Northwestern corner of the Park Street and King Street intersection; Thence Northwesterly along the Westerly right-of-way line of King Street to the Northerly right-of-way line of College Street; Thence Easterly along the Northerly and Northwesterly right-of-way line of College Street to the Southwesterly right-of-way line of Interstate - 95; Thence Northwesterly along the Southwesterly right-of-way line of Interstate - 95 to the Southerly Intersection of Interstate - 10, and the Southwesterly right-of-way line of the Northwesterly extension of Margaret Street; Thence Northwesterly along the Southwesterly right-of-way line of the Northwesterly extension of Margaret Street to the intersection of Margaret Street and the Northwesterly right-of-way line of Interstate - 95; Thence Northeasterly along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Forest Street; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of McCoys Creek Boulevard; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Swan Street; Thence continue along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Harper Street and the Northwesterly right-of-way line of Ives Street; Thence Southeasterly along the Northeasterly right-of-way line of Harper Street to the right-of-way line of Interstate - 95; Thence Northeasterly along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Dennis Street; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate - 95 to the Easterly right-of-way line of Myrtle Street; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Adams Street West; Thence Southeasterly along the Northeasterly right-of-way line of Adams Street West to the Northwesterly right-of-way line intersection of Interstate - 95; Thence Northeasterly and Northerly along the right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Church Street West; Thence continue along the right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Beaver Street West; Thence continue Northeasterly and Northerly along the Northwesterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Kings Road; Thence continue along the Northwesterly right-of-way line of Interstate - 95 to the Northerly right-of-way line of 3rd Street Road West; Thence East along the Northerly right-of-way line of 3rd Street Road West to the Westerly right-of-way line of Interstate - 95; Thence Northerly along the Westerly right-of-way line of Interstate - 95 to the intersection of the Southerly right-of-way line of 8th Street West and the Westerly right-of-way line of Mt Herman Street; Thence Northerly along the Westerly right-of-way line of Mt Herman Street to the Westerly extension of the right-of-way of Interstate - 95; Thence Easterly along the right-of-way line extension of Interstate - 95 to the Intersection of the Westerly right-of-way of Interstate - 95; Thence Northerly along the Westerly right-of-way line of Interstate - 95 to the Intersection of the Northerly right-of-way line of Martin Luther King Jr. Parkway; Thence Continue Northeasterly and Northerly along the right-of-way line of Interstate - 95 to the Northerly right-of-way line of 23 rd Street West; Thence Easterly along the Northerly right-of-way line extension of 23 rd Street West to the intersection of Northerly right-of-way line extension of the 23 rd Street and the Easterly right-of-way line of Interstate - 95; Thence Southerly and Southeasterly along the Easterly right-of-way line of Interstate - 95 to the Northerly right-of-way line of Martin Luther King Jr. Parkway; Thence Easterly along the Northerly right-of-way line of Martin Luther King Jr. Parkway to the Easterly right-of-way line of Martin Luther King Jr. Parkway; Thence Southerly along the Easterly right-of-way line of Martin Luther King Jr. Parkway to the northerly right-of-way line of 8 th Street East; Thence Easterly along the Northerly right-of-way line of 8 th Street East to the Easterly right-of-way line of Talleyrand Avenue; Thence Southerly along the Easterly right-of-way line of Talleyrand Avenue to the Easterly right-of-way line of Parker Street; Thence Southerly along the Easterly right-of-way line of Parker Street to the Northerly right-of-way line of Adams Street East; Thence Easterly along the Northerly right-of-way of Adams Street East to the Easterly right-of-way line of Bryan Street: Thence Southerly along the Easterly right-of-way line of Bryan Street to the Northeasterly Right-of-way line of Isaiah D. Hart Expressway; Thence Southeasterly along the Northeasterly right-of-way line of Isaiah D. Hart Expressway to the intersection of the St Johns River; Thence Southwesterly to the intersection of the St Johns River and the Easterly right-of-way line of Broadcast Place; Thence southerly along the Easterly right-of-way line of Broadcast Place to the Northeasterly right-of-way line of Interstate - 95; Thence Southeasterly and Southerly along the Northeasterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way line of Atlantic Boulevard; Thence continue Southerly along the Southeasterly right-of-way line of Interstate - 95 to the Northeasterly right-of-way of Phillips Highway; Thence Southeasterly along the Northeasterly right-of-way of Phillips Highway to the Southeasterly right-of-way line of Wishart Street; Thence Southwesterly along the Southeasterly right-of-way line of Wishart Street to the Westerly right-of-way line of St Augustine Road; Thence Northerly along the Westerly right-of-way line of St Augustine Road to the Southerly right-of-way line of River Oaks Road; Thence Westerly, Southerly and Southwesterly along the Southerly right-of-way of River Oaks Road to the intersection of the Southeasterly right-of-way line of River Oaks Road and the St Johns River; Thence Northwesterly from the intersection of the Southeasterly right-of-way of River Oaks Road and the intersection of St Johns River to the Intersection of St Johns River and the Southwesterly right-of-way line of King Street; Thence Northwesterly along the Southwesterly right-of-way line of King Street to the Northwesterly intersection of King Street and Park Street to the Point of Beginning.

The Central Core Enhancement Area is shown on Figure 1 below.

Central Core Enhancement Area

(Ord. 94-905-515, § 2; Ord. 97-1104-E, § 1; Ord. 2000-282-E, § 2; Ord. 2002-852-E, § 3; Ord. 2007-1284-E, § 1; Ord. 2012-623-E, § 1, 2; Ord. 2014-667-E, § 2, 11-25-2014; Ord. 2024-687-E, § 1)

Sec. 614.139. - Commercial washing of motor vehicles in right-of-way.

(a)

It shall be unlawful and an offense for any person for pecuniary gain to wash any motor vehicle while the motor vehicle is within the City's right-of-way.

(b)

It shall be unlawful and an offense for any person to offer to do that which is prohibited by subsection (a) of this Section.

(c)

Any person violating a provision of this Section shall be guilty of an offense and shall upon conviction and adjudication of guilt be punished as follows:

(1)

For a first offense, by a fine of not more than $25 or by imprisonment of not more than ten days or by community service of not less than 50 hours; and

(2)

For a second and subsequent offense, by a fine of not more than $500 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours.

(Ord. 94-905-515, § 3)

Sec. 614.140. - Graffiti prohibited.

(a)

It shall be unlawful for a person to intentionally damage, deface or destroy personal or real property owned by or in the possession of another.

(b)

Property shall be defaced if a person paints any or all of the property without the permission of the owner or possessor of the property.

(c)

Violation of any provisions of this Section shall constitute a class C offense.

(d)

Except in any case in which the court makes a finding and states on the record its reasons that such community service would be inappropriate, the court shall require the violator to wash, paint, repair or replace the defaced, damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that such condition would be inappropriate, shall require the violator to perform specified community service. Nothing in this Section shall be construed to limit the authority of a juvenile court to provide conditions of probation.

(e)

Any violation of this Section by a minor shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed $10,000 for each violation by the minor.

(Ord. 92-1598-1102, § 1)

Sec. 614.141. - Aerosol containers of paint.

(a)

It shall be unlawful for any person, firm or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint without first obtaining bona fide evidence of majority and identity. For purposes of this subdivision, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual which has been issued by a federal, State, or local governmental entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces. This subsection shall not apply to the furnishing of six ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of the minor's parent, guardian, instructor, or employer.

(b)

It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint.

(c)

It is unlawful for any person to carry on his or her person an aerosol container of paint while in any public facility, park, playground, swimming pool, beach or recreational area, other than a highway, street, alley or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area. Public Facility means any property owned by the City or any of its agencies, departments or divisions including the School Board.

(d)

It is unlawful for any person under the age of 18 years to possess an aerosol container of paint while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.

(e)

Violation of any provision of this Section is a class C offense.

(f)

This Section shall be effective until November 1, 1994, after which time it shall have no further force and effect.

(Ord. 92-1598-1102, § 1)

Sec. 614.142. - Unlawful sign messages.

(a)

Reserved.

(b)

It shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320 or any sign erected pursuant to a naming right or sponsorship agreement entered into by the City of a publicly owned sports or entertainment venue, or an athletic team which is a tenant thereof under rights assigned to such team pursuant to a written agreement with the City; provided further that this Section does not prohibit off-site commercial signs maintained or erected in accordance with the terms of an authorized settlement agreement with the City.

(c)

From and after July 30, 1997, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320 or any sign erected pursuant to a naming right or sponsorship agreement entered into by the City of a publicly owned sports or entertainment venue, or an athletic team which is a tenant thereof under rights assigned to such team pursuant to a written agreement with the City.

(d)

Any sign structure in violation of this Section is hereby declared to be contraband and forfeited to the City. A violation has been proved if the owner, or person in control of the structure, has been convicted of using a sign structure in violation of this Section. A conviction shall include a plea of nolo contendere or a withhold of adjudication. In addition, a violation may be proved in a separate civil action. The City shall seek forfeiture of the sign through any appropriate civil action, which may include declaratory judgment or a mandatory injunction.

(e)

In the event that a court of competent jurisdiction determines, finally, that subsection (b) of this Section unconstitutionally distinguishes between commercial and noncommercial messages, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320; provided, further this subsection shall not be enforced without providing 30 days notice to correct and unless subsection (b) of this Section is declared unconstitutional.

(f)

In the event that a court of competent jurisdiction determines finally, that subsection (c) of this Section unconstitutionally distinguishes between commercial and noncommercial messages, from and after July 30, 1997, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320; provided, further this subsection shall not be enforced without providing 30 days notice to correct and unless subsection (b) of this Section is declared unconstitutional.

(Ord. 93-174-1054, § 16; Ord. 2005-1380-E, § 3; Ord. 2014-716-E, § 3; Ord. 2014-717-E, § 3)

Sec. 614.142.1. - Unauthorized persons on parking lot.

(a)

It shall be unlawful and an offense for any person to willfully enter or remain on any property which is used primarily as a parking lot for motor vehicles unless such person is authorized, licensed or invited; provided such property is prominently marked by a posted notice, which is easily seen from a distance of 50 feet, restricting use of or access to the parking lot.

(b)

Any person violating a provision of this Section shall be guilty of an offense and shall upon conviction and adjudication of guilt be punished as follows:

(1)

For a first offense, by a fine of not more than $25 or by imprisonment of not more than ten days or by community service of not less than 50 hours; and

(2)

For a second and subsequent offense, by a fine of not more than $500 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours.

(Ord. 94-905-516, § 4)

Editor's note— Provisions enacted by § 4 of Ord. 94-905-516 as § 614.142 have been redesignated at the discretion of the editor as § 614.142.1 pursuant to the previous adoption of § 614.142 by § 16 of Ord. 93-174-1054.

Sec. 614.143. - Accosting or intimidating another; obstructing pedestrian or vehicular traffic.

(a)

It shall be unlawful and an offense to:

(1)

Accost another;

(2)

Intimidate another; or

(3)

Obstruct pedestrian or vehicular traffic.

(b)

For the purposes of this Section, the following words shall have the following meanings.

(1)

Accost means to approach or speak to another in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his/her person or upon property in his/her immediate possession.

(2)

Intimidate means to act or speak in such a manner so as to attempt to coerce an unwilling person to give money or goods to the speaker or actor.

(3)

Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie or place an object in such a manner as to block the passage of another person which such other person has a right to make or to take any sudden or abrupt action so as to require another person or the driver of a vehicle to take sudden or abrupt evasive action to avoid physical contact.

(c)

Any person violating a provision of this Section shall be guilty of an offense and shall upon conviction and adjudication of guilt be punished as follows:

(1)

For a first offense, by a fine of not more than $25 or by imprisonment of not more than ten day or by community service of not less than 50 hours; and

(2)

For a second and subsequent offense, by a fine of not more than $500 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours.

(Ord. 94-905-516, § 5)

Sec. 614.144. - Restriction on public solicitation.

(a)

The following restrictions apply to all persons on public property who seek to solicit others for an immediate delivery of money.

(1)

A solicitor may not follow another person in order to solicit.

(2)

A solicitor may not solicit between 9:00 p.m. and 7:00 a.m.

(3)

A solicitor may not solicit on any property posted "no soliciting."

(4)

A solicitor may not insult others while soliciting.

(5)

A solicitor may not use abusive language while soliciting.

(6)

A solicitor may not use threatening language while soliciting.

(b)

No person shall be arrested or cited for violating this Section unless warned of the restrictions first.

(c)

Any person violating a provision of this Section shall be guilty of an offense and shall upon conviction and adjudication of guilt be punished as follows:

(1)

For a first offense, by a fine of not more than $25 or by imprisonment of not more than ten days or by community service of not less than 50 hours; and

(2)

For a second and subsequent offense, by a fine of not more than $500 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours.

(Ord. 94-905-516, § 6)

Sec. 614.145. - Regulation of the operation of motorized watercraft at Huguenot Memorial Park.

(a)

The council finds that the recent increase in activity of motorized watercraft in the area of Huguenot Memorial Park, when combined with recent increases in the numbers of swimmers, wind surfers (wind sailing), and other water sports participants, has created significant congestion and safety concerns regarding the interaction of motorized watercraft and water sports participants. It is found to be in the best interest of public safety in the Huguenot Memorial Park area to enact certain "idle speed" restrictions via "idle speed zone(s)" applicable to "motorized watercraft" (including, "personal watercraft") and to designate a "no motorized watercraft zone" wherein "motorized watercraft" are prohibited. Therefore, the Council hereby establishes the "idle speed zone(s)" and "no motorized watercraft zone" as defined in subsection (b) of this Section, which zones shall be marked by "signage" as described herein. Failure to comply with the restrictions set forth herein shall be enforceable by the entities listed in subsection (c) of this Section and punishable as provided in subsection (d) of this Section.

(b)

As used in this Section, the following definitions shall apply:

(1)

Motorized watercraft is any vessel which is propelled or powered by an engine and which is used or is capable of being used as a means of transportation on water and shall include personal watercraft.

(2)

Personal watercraft is a small class A-1 or A-2 motorized watercraft which uses either an outboard or inboard motor to power a water jet pump as a primary source of power and which may be designated to be operated by a person sitting, standing, kneeling or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the motorized watercraft.

(3)

Idle speed is the lowest speed sufficient to maintain forward movement while maintaining control of a motorized watercraft, taking into account tidal current, wave and other water conditions.

(4)

Idle speed zone(s) are those coastal areas, as shown on Exhibit "A" made part hereof but not set out herein, which are adjacent to Huguenot Memorial Park and are generally described as follows:

Idle Speed Zone No. 1: As shown on Exhibit "A", the entire inlet area of Huguenot Park bounded by the Camp Alamacani boat ramp across to the other side of the inlet (dots nos. 12 and 13 on Exhibit "A") and the tip of the peninsula across the inlet (dots nos. 10 and 11 on Exhibit "A").

Idle Speed Zone No. 2: As shown on Exhibit "A", that portion of the Atlantic Ocean from the mean low tide out 300 feet and generally bounded on the south by a line extending eastward from the flats, and on the north by a line extending eastward from the tip of the peninsula (see dots nos. 7, 8, and 9 on Exhibit "A").

(5)

No motorized watercraft zone is that coastal area shown on Exhibit "A" which is adjacent to Huguenot Memorial Park and is generally described as follows:

No motorized watercraft zone: As shown on Exhibit "A", that portion of the Atlantic Ocean from the mean low tide out 500 feet and generally bounded on the south by the jetties and on the north by a line extending eastward from the flats (see dots nos. 5 and 6 on Exhibit "A").

(6)

Signage is the posting of certain diagrams and information as indicated on Exhibit "A" which is intended to communicate to operators of motorized watercraft, the locations of the idle speed zones, and no motorized watercraft zone as described herein. The City's Department of Recreation and Parks shall secure all necessary federal or State approval for the placement of signs as shown on Exhibit "A".

(c)

Enforcement of the idle speed zones and no motorized watercraft zone is hereby determined to be a promotion of public safety which may be enforced by any of the following:

(1)

United States Coast Guard;

(2)

Florida Marine Patrol;

(3)

The Florida Game and Fresh Water Fish Commission;

(4)

The Jacksonville Sheriff's office;

(5)

Florida Park Patrol; and

(6)

Recreation and Parks personnel (designated by the Director).

(d)

Any person violating the speed and operating restrictions of this Section shall be guilty of a non-criminal offense punishable by a civil penalty as a class A infraction pursuant to City Code Chapter 609 (Code Enforcement Citations) or alternatively may be enforceable/punishable as provided for in State or federal law pertaining to operations of motorized watercraft.

(Ord. 97-231-E, § 1; Ord. 2005-1283-E, § 7; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 614.146. - Unlawful to fish, seine, cast or use drag nets from property owned, leased, licensed or otherwise controlled by Jacksonville Port Authority except where permitted and posted to do so by Jacksonville Port Authority.

It shall be unlawful and a Class C offense for any person to fish, seine, cast, use drag nets or otherwise harvest, or attempt to harvest, fish and/or other marine life from the docks, terminals or other property owned, leased, licensed or otherwise controlled by the Jacksonville Port Authority except where permitted and posted to do so by Jacksonville Port Authority.

(Ord. 2000-398-E, § 1)

Sec. 614.147. - Prohibited commercial activities on the water.

(a)

The Council finds that mobile billboards on boats, ships and other vessels would detract from the scenic beauty of the St. Johns River and its tributaries. Such mobile billboards also create boating safety hazards by placing additional vessels on the City's waterways, especially those which are designed to distract and catch the attention of the public, including the boating public.

(b)

The Council further finds that adult entertainment establishments located on boats, ships or other vessels in the St. Johns River or its tributaries might easily avoid the distance limitations on such uses set forth in the City's Zoning Code and present challenges to enforcing the City's regulations concerning such uses.

(c)

As used in this Section:

(1)

Mobile billboard means any sign placed upon, applied to the surface of, or attached to a boat, ship or other vessel on the water, when such vessel is (i) not used primarily for the transportation of passengers for hire or goods; or (ii) not designed for the transportation of passengers for hire or goods.

(2)

Sign means a painting, structure, projected image or device which is placed, erected, constructed or maintained on or outside of a boat, ship or other vessel for the purpose of display, information, advertisement or attraction of the attention of persons, including posters, pictures, pictorial or reading matter and a letter, word, model, device or representation used in the nature of an advertisement, announcement, attraction or direction.

(3)

Adult entertainment establishment shall have the meaning set forth in Section 150.103.

(c)

It shall be unlawful and a Class D offense for any person to erect, display or maintain, at any time, a mobile billboard or adult entertainment establishment on a boat, ship or other vessel on the St. Johns River or its tributaries.

(d)

The provisions of this Section may be enforced:

(1)

As provided in Section 632.101, Ordinance Code; and

(2)

By citation for civil penalties by the Chief of the Building Inspection Division, in the case of mobile billboards, and the Chief of the Current Planning Division, in the case of adult entertainment establishments, or their respective designees, pursuant to the authority granted by F.S. Ch. 162, Part II and Ch. 609, Ordinance Code; and

(3)

By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction.

(Ord. No. 2004-428-E, § 4)

Sec. 609.109. - Applicable Chapters and Parts. Chapter 615 - DOCKING