Possibly Relevant Jacksonville's Ordinances

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Possibly Relevant Jacksonville's Ordinances

Post by GrahamSyfert on Thu Oct 06, 2011 12:02 am


Don't play games with JSO, treat them with the utmost respect at all times. Your disrespect for the officer is inversely proportional to the likelihood of a positive outcome of your case.

From Jacksonville Ordinance Code:

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)

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.



Last edited by Keith on Thu Oct 06, 2011 3:02 am; edited 3 times in total (Reason for editing : Fixing, adding)

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Re: Possibly Relevant Jacksonville's Ordinances

Post by ziggy on Thu Oct 06, 2011 6:08 pm

Thoughts on Sections 614.115 and 614.143, Graham? 614.143 in particular seems broadly drafted.

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.

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.

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Re: Possibly Relevant Jacksonville's Ordinances

Post by GrahamSyfert on Thu Oct 06, 2011 6:15 pm

All of the codes are applicable. I'm sure that I missed a bunch of codes that might be applicable. There are a bunch of state laws that might also come into play.

As far as something being overly broad, or unconstitutional, I will wait to make those comments at hearings on those matters.

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Re: Possibly Relevant Jacksonville's Ordinances

Post by ziggy on Thu Oct 06, 2011 6:17 pm

Thanks for offering to help people out, Graham. I hope you don't have too many hearings.

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Re: Possibly Relevant Jacksonville's Ordinances

Post by occupysupporter on Thu Oct 06, 2011 8:49 pm

I had a quick question pertaining to Fl Statutes, particularly 876.12-876.15 and 876.155 regarding wearing masks in public places. Will wearing a mask similar to bit.ly nQ1JCn justify police action in detaining me in Jacksonville? Are there any other ordinances in Jacksonville restricting the use of masks? Will I be required to remove the mask after identifying myself to police and being subject to a pat down? Thanks for your support!

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Re: Possibly Relevant Jacksonville's Ordinances

Post by OccupyProChoiceJax on Wed Oct 12, 2011 8:21 pm

Hey Graham, thanks for posting these. I have been having a huge issue with people in on the Facebook page wanting to argue with me about the amplification issue. I work at a local clinic that has daily protesters and we have a JSO officer that works for us 3-4 days a week. He's basically schooled me on a lot of the basic protest do's and don'ts and "no amplification allowed" was one of them.
I tried to find the correct code here in Jacksonville so I could share it but was unable to find it. No one seems to believe me and it's getting beyond frustrating. They want to bring PA systems and even want to bring megaphones because they simply don't like the people's mic. If you have it, could you post it?
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Re: Possibly Relevant Jacksonville's Ordinances

Post by Keith on Wed Oct 12, 2011 10:18 pm

I actually posted that on Facebook a while back. It's listed under "Noise Control" of "Environmental Affairs" (confusing, I know, a good example of how the law is fubar'ed)... with amplification listed under the "Definitions" section of the "General Provisions".

http://library.municode.com/HTML/12174/level2/TITXENAF_CH368NOCO.html
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Re: Possibly Relevant Jacksonville's Ordinances

Post by OccupyProChoiceJax on Thu Oct 13, 2011 12:54 am

Ah, ok. Did you post it as a moderator? I wish we could bookmark certain important posts, you know?
Thanks!
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Re: Possibly Relevant Jacksonville's Ordinances

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