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In most cases, after-market lights installed on the exterior
of motor vehicles are illegal. The majority of these products do not
comply with the applicable Federal Motor Vehicle Safety Standard (FMVSS), nor
have they been approved by the Department of Highway Safety & Motor Vehicles
(DHSMV) for use in this state.
F.S. 316.241(1) states, "No person shall
have for sale, sell or offer for sale for use upon or as part of the equipment
of a motor vehicle, trailer, semitrailer, or pole trailer or use upon any such
vehicle any headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or
reflector, which reflector is required hereunder, or parts of any of the
foregoing, which tend to change the original design or performance,
unless of a type which has been submitted to the department and approved."
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Neon Lights - Neon lights may not be used anywhere on the exterior of
the vehicle, including license plate covers. Florida Statute 316.224
specifically states that the only colored lights which are permitted to be
used on a vehicle are red, white, amber or yellow, depending on the type of
illumination device. The paperwork that accompanies most neon lights
state, "You must check with local law enforcement before installing these
lights."
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Headlight Covers - F.S.
316.220 states, "An object, material, or covering that alters the
headlamp's light color may not be placed, displayed, installed, affixed, or
applied over a headlamp." A similar statute also prohibits the use of
such devices on taillamps, if the device alters the taillamp's visibility
from 1,000 feet away (F.S. 316.221).
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Clear Taillamp Covers -
Under F.S. 316.241 above, it is illegal to alter the taillamp
assembly by replacing the clear bulb and red lens with a red bulb and clear
lens.
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Side windows (F.S. 316.2953): A person shall not operate
any motor vehicle on any public highway, road, or street on which vehicle
the side wings and side windows on either side forward of or adjacent to the
operator's seat are composed of, covered by, or treated with any
sunscreening material or other product or covering which has the effect of
making the window nontransparent or which would alter the window's color,
increase its reflectivity, or reduce its light transmittance. A sunscreening
material is authorized for such window if, when applied to and tested on the
glass of such windows on the specific motor vehicle, the material has a
total solar reflectance of visible light of not more than 25 percent as
measured on the nonfilm side and a light transmittance of at least 28
percent in the visible light range. Violation of this section is a
noncriminal traffic infraction, punishable as a nonmoving violation.
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Windows behind the driver
(F.S. 316.2954): Same general
provisions as side windows, except that a sunscreening material is
authorized for such window if, when applied to and tested on the glass of
such windows on the specific motor vehicle, the material has a total solar
reflectance of visible light of not more than 35 percent as measured on the
nonfilm side and a light transmittance of at least 15 percent in the visible
light range.
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On April 16, 2001, the Attorney General for the State of Florida
rendered opinions (AGO 93-45 and AGO 86-98) which have categorized
motorized scooters and All-Terrain Vehicles (ATVs) as "motor
vehicles." Accordingly, as with any motor vehicle, an operator of a
motorized scooter and ATV must comply with all state statutes governing the
operation of motor vehicles on public highways and are subject to the provisions
of Chapter 316, Florida Statutes. Furthermore, drivers and operators of
motorized scooters and ATVs must be licensed to operate a motor vehicle. Section
322.03(1), Fla. Stat. (1999).
UPDATE! (June 2003)
- The Florida Legislature has declassified motorized scooters, also known as mo-peds,
as motor vehicles under Chapter 316, Florida Statutes. Accordingly, the
provisions of that chapter requiring vehicle registration and various safety
equipment no longer apply. However, the definition of a motor vehicle contained
in F.S. 322.01(26), which relates to driver's licenses, has not been amended.
Therefore, F.S. 322.03 still requires the operator of a motorized scooter to
possess a valid driver's license, if operated on a public street or highway.
The public right of way or swale area adjoining the paved road
is considered part of a public street or highway, and anyone operating a
motorized scooter or ATV on a swale is driving on a public highway and must
therefore comply with all traffic laws. If a motorized scooter or ATV is driven
on a sidewalk or a bike path, this is also a violation. Section 316.1995, Fla.
Stat. (1999). Parents
who knowingly permit an unauthorized minor to drive a motorized scooter on the
street may be charged with a misdemeanor. Section 322.35, Fla. Stat.
(1999).
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What you can do if a tenant has not
paid rent: If there is a written or verbal lease between you and the
tenant to pay rent, and the tenant fails to pay, you must serve the tenant with
the proper notice as required by Chapter 83 of the Florida Statutes. Refer to
Chapter 723 if the rental is part of a Mobile Home Park with more than 10
spaces. Note: forms may be obtained at any office supply store.
If the tenant fails to pay or move within the required time
limit, a complaint may be filed for Removal of Tenant for Non Payment of Rent.
Complaint forms may be obtained from any of the three (3) civil offices
specified below. There are two types of complaint forms. One is for possession
of the property only and the second is for possession of the property and past
due rent.
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DIANE M. MATOUSEK
Clerk of the Circuit Court
125 East Orange Avenue
Daytona Beach, FL 32114
386-257-6081 |
DIANE M. MATOUSEK
Clerk of the Circuit Court
P.O. Box 6043
120 W. Indiana Avenue
DeLand, FL 32721-6043
386-736-5907 |
DIANE M. MATOUSEK
Clerk of the Circuit Court
124 N. Riverside Drive
New Smyrna Beach, FL 32168
386-423-3304 |
The current filing fee is $140.50 and the Sheriff's service
fee is $20.00 per person served. If a Writ of Possession is necessary to gain
possession after judgment, the fee for serving the writ is $70.00. Note: fees
are subject to change by County Ordinances or Florida Statutes.
At the time of filing the complaint, a copy of the notice,
lease and any other documents important to the case must be provided. When
filing for possession only, in addition to the original complaint, submit
two copies of the complain and attachments and a stamped pre-addressed legal
envelope (No. 10 or 4.13 x 9.5) for each defendant.
If you are suing for possession and rent damages, in
addition to the original complaint and stamped pre-addressed envelopes, you need
to submit three copies of the complaint and attachments for each defendant.
A property manager may file a complaint for non-payment of
rent as long as it remains an uncontested case. The property manager must file
his authority from you to complete, sign and file all pleadings necessary to
evict a tenant for non-payment of rent.
What happens after the complaint is
filed: A summons will be issued to the tenant/defendant, directing
them to file an answer and pay any past due rent (residential only) into the
registry of the court. If you are asking for the rent and/or damages, an
additional summons will be issued requiring an answer to be filed as to the
damages. If the tenant/defendant files an answer, deposits all of the rent
and/or files a motion to determine the amount of rent to be paid into the
registry, a court date will be set as soon as possible. Any rent accruing during
the pendency of the proceeding must also be deposited. Note: only cash or
cashier's checks will be accepted as payment of rent.
If the defendant does not answer or file a motion to
determine rent, it will constitute an absolute waiver of defense and a default
will be entered without further notice. You or your attorney must file a
Motion for Default, and Affidavit of Proof of Claim and a Non Military Affidavit
before the default can be entered.
Once a judgment has bee entered, you may request a Writ of
Possession from the Clerk's Office. At the time of your request, you may also
request the Clerk to forward the writ to the sheriff or return it to you for
delivery to the Sheriff. If the eviction is for a mobile home belonging to the
tenant and is governed be F.S. 723, the writ will not be issued for 10 days.
The Writ of Possession will be served by the Sheriff and will
allow the tenant 24 hours to move. If the tenant has not vacated within the 24
hour period, the Sheriff will remove them. The Sheriff will contact you
regarding taking possession of the property. The judge may allow the tenant
additional time to move. A writ may not be issued without a court order.
Eviction of tenants for reasons
other than non-payment of rent: The Clerk's Office also has available
a complaint form for other than non-payment of rent. Proper notice must be
served as required by Chapter 83 of the Florida Statutes. After proper notice is
given, the complaint may be filed. A summons will be issued requiring the
defendant to answer. The procedure for obtaining a default or scheduling a
hearing shall be followed in order to obtain a judgment. You may request a Writ
of Possession in the same manner as previously stated.
The Clerk's Office recommends that you seek advice from an
attorney regarding any Landlord-Tenant problems, and that both landlords and
tenants read and become familiar with Chapter 83, Florida Statutes and Chapter
723 (Mobile Homes), if applicable. If you do not know of an attorney who will
file Landlord-Tenant actions, you should contact the Lawyers Referral Service at
1-800-342-8011.
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BB Guns: Florida Statute
790.22 states that "the use for any purpose whatsoever of BB guns, air or
gas-operated guns, or electric weapons or devices, by any minor under the age of
16 years is prohibited unless such use is under the supervision and in the
presence of an adult who is acting with the consent of the minor's parent."
Any adult responsible for the welfare of any child under the age of 16 years who
knowingly permits such child to use or have in his or her possession any BB gun,
air or gas-operated gun, electric weapon or device commits a misdemeanor of the
second degree.
Firearms: According to
Florida Statute 790.22, a minor under 18 years of age may not possess a firearm,
other than an unloaded firearm at his or her home, unless:
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The minor is engaged in a lawful hunting activity and is: at
least 16 years of age; or under 16 years of age and supervised by an adult. |
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The minor is engaged in a lawful marksmanship competition or
practice or other lawful recreational shooting activity and is: at
least 16 years of age; or under 16 years of age and supervised by an adult
who is acting with the consent of the minor's parent or guardian. |
Any parent or guardian of a minor, or other adult responsible
for the welfare of a minor, who knowingly and willfully permits the minor to
possess a firearm in violation of the statute commits a felony of the third
degree.
Safe storage of firearms:
Florida Statute 790.174 states that "a person who stores or leaves, on a
premise under his or her control, a loaded firearm, as defined in s. 790.001,
and who knows or reasonably should know that a minor is likely to gain access to
the firearm without the lawful permission of the minor's parent or the person
having charge of the minor, or without the supervision required by law, shall
keep the firearm in a securely locked box or container or in a location which a
reasonable person would believe to be secure or shall secure it with a trigger
lock, except when the person is carrying the firearm on his or her body or
within such close proximity thereto that he or she can retrieve and use it as
easily and quickly as if he or she carried it on his or her body."
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Parents with a son or daughter who is out of control, habitually truant or running away from home can call the Florida Parents Hotline at 1-888-4-1-FAMILY. Trained counselors answer hotline calls and provide referrals to community resources and counseling programs that work with troubled adolescents and their families. This can help prevent serious situations like a child dropping out of school, living on the streets and becoming a potential victim, or being arrested.
Getting a child into a
delinquency prevention program
Contact your local office of the Florida Department of Juvenile Justice. Ask for a referral to a community-based delinquency prevention program funded by the Department. If the Department does not have a program close to your home that meets your child’s needs, we may be able to suggest other community resources for tutoring, mentoring and similar positive activities.
Rights & responsibilities of
a juvenile's parents
The parents of a juvenile do not lose any rights or responsibilities when their child is determined to be delinquent. If the delinquent child is placed on probation, he or she will continue to live with the parents who continue to be obligated to support the child and be responsible for decisions and costs regarding the child's education and health care.
Under a new Florida law, parents also must pay for the cost of care (basically room and board expenses) when their delinquent child is in state custody. Parents or guardians are obligated to pay up to $20 a day for detention and up to $60 a day for residential treatment. The maximum amounts are mandatory, unless a waiver or reduction is requested by the parents and approved by the juvenile judge. Parents also are responsible for medical treatment for their child in a residential program.
The parents of a juvenile delinquent may be required by the judge to pay restitution to victims for damages caused by their child or to participate in community service with the child. The parents also may be ordered to attend a course in parenting or counseling sessions.
Releasing a juvenile's
information to the public
Florida law allows release of the name, photograph, address,
alleged crime or arrest report of a juvenile charged with a felony or a third
misdemeanor. The decision is usually made by law enforcement involved in the
arrest. School officials must also be notified about a juvenile charged with a
felony or a sexual offense. In addition, law enforcement is authorized to
release the juvenile offense report to the victim of the crime. Other records
concerning a juvenile offender are confidential.
Prevention & early diversion
potential
Research has shown that the significant presence of one caring and conscientious adult in the life of a child exposed to significant risk factors like poverty, family instability and a drug and crime-ridden neighborhood can be the key factor in preventing delinquency, according to the Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice. To put it simply, mentoring can be very effective.
Significant reductions in crime also can be accomplished if there is early identification of juveniles most likely to become chronic offenders. If these juveniles receive early intensive services, there is much less likelihood that they will become career criminals, according to a long-term research project in Orange County, California.
Extensive research has identified risk factors for crime and violence (Tolan and Guerra, 1994; Reiss and Roth, 1993; Dryfoos, 1990), and substance abuse (Kandel, Simcha-Fagan, and Davies, 1986; Hawkins, Catalano, and Miller, 1992). These risk factors exist within the communities in which children develop, as well as within families, schools, peer groups, and within each individual. Some risk factors can be reduced; others cannot. After identifying and setting priorities of risk factors that can be changed, communities can design prevention efforts to reduce known risk factors. However, it is equally important to know which risk factors cannot be modified, because this helps identify populations that should receive protective interventions.
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You can come into the Port Orange Police Department and speak with our victim
advocates, or pick up a pamphlet which describes the procedure. For more
information on injunctions, check the Domestic Violence
area on our web site.
You may also
contact the the Clerk of the Circuit Court in Daytona Beach, located at 125 E.
Orange Avenue, Room #308. Their telephone number is 904-257-6083.
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Pursuant to F.S. 316.613, every operator of a motor vehicle, while
transporting a child in a motor vehicle operated on the roadways, streets or
highways of this state, shall, if the child is 5 years of age or younger,
provide for protection of the child by properly using a crash-tested, federally
approved child restraint device. For children aged through 3 years, such
restraint device must be a separate carrier or a vehicle manufacturer's
integrated child seat. For children aged 4 through 5 years, a separate carrier,
an integrated child seat, or a seat belt may be used. For more information on
the using restraint devices, check the Buckle-Up Campaign
area on our web site.
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Sec. 42-80. General restrictions:
No person shall operate or cause to be operated any source of sound from any occupancy in such a manner as to create a sound level which exceeds the limits set forth for the use occupancy in
the below table, when measured at or beyond the property boundary of the land use from which the sound emanates.
Sound or noise projecting from one use district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is projected.
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Category
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Time
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Sound
Limit (dBA)
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Residential
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7am - 10pm
10pm - 7am
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60
50
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Commercial or business
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7am - 10pm
10pm - 7am
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65
55
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Manufacturing, industrial or agriculture
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All times
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75
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Noise sensitive zone
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All times
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55
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Sec. 42-81. Specific noises prohibited: In addition to the maximum permissible sound levels set out in table I of section 42-80, and unless otherwise exempted by this article or by act of the city, the following specific acts, or the causing or permitting thereof, are hereby declared to be in violation of this article:
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Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the soundings of any signaling device for any unnecessary or unreasonable period of time; and the unreasonable use of any signaling device.
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Loudspeakers, public address systems. Using or operating for any purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance within a noise sensitive zone.
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Animals. Owning, possessing or harboring any animal which frequently or for continued duration of 15 minutes or longer howls, barks, meows, squawks or makes other sounds which create noise disturbance across a residential real property boundary or within a noise sensitive zone. However, this subsection is not intended to apply to animal sounds which are normal and customary as to intensity, volume and duration and which emanate from ranching, farming or similar activities in areas properly zoned therefor; neither is this subsection intended to apply to animal sounds which are normal and customary as to intensity, volume and duration, and which emanate from an animal shelter, kennel, zoo or similar activity in areas properly zoned therefor.
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Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper town authorities.
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Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
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Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
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Loading, unloading, opening boxes. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
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Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday, or between 6:00 p.m. and 10:00 a.m. on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day in such a manner as to cause a noise disturbance across a residential property boundary or within a noise sensitive zone, except for emergency work by public service utilities or by special permit approved by the city.
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Noise sensitive zones:
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Creating or causing any excessive and unnecessary noise within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, courthouse, church or other designated area; provided, that conspicuous signs are displayed indicating the presence of the noise sensitive zone. Noise sensitive zones are those zones created by resolution of the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise.
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Creating or causing any sound within any noise sensitive zone so as to exceed the decibel levels set forth for such zone when measured at a distance of 25 feet from the sound source; provided, that conspicuous signs are displayed indicating the presence of the noise sensitive zone.
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Motor boats. Operating or permitting the operation of any boat in any lake, river, stream, canal, bay or other waterway in such a manner as to cause unnecessary and excessive noise within a residential area or noise sensitive zone, or to exceed 85 dBA when measured at least 50 feet from the craft (single incident in any mode of operation).
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Multifamily dwellings. Operating or permitting the operation within a multifamily dwelling of any source of sound in a manner so as to exceed 55 dBA from 7:00 a.m. to 10:00 p.m. when measured within an adjacent intrabuilding dwelling. The maximum permissible sound level, when measured in an adjacent intrabuilding area between 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be 50 dBA.
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Recreational motorized vehicles operating off public right-of-way. No person shall operate or cause to be operated any recreational motorized vehicle, motorcycle, "moped," dune buggy, or any other type of motorized vehicle that exceeds the limits set forth in table I of section 42-80 off the public right-of-way in any residential or noise sensitive zone.
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Train whistles. Every railroad train of a railroad company operating wholly within the state is hereby unconditionally prohibited from emitting an audible warning signal and/or sounding a railroad horn or whistle between the hours of 10:00 p.m. and 6:00 a.m. the next day in advance of any public at-grade crossing having train-activated automatic traffic devices, which include flashing lights, bells and crossing gates, and where the city has erected signs at such crossings announcing that railroad train horns and whistles shall not be sounded during the aforesaid hours.
Sec. 42-82. Exempted noises: The following uses and activities shall be exempt from noise level regulations except as listed in table I of section 42-80:
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Lawn mowers and agricultural equipment during daylight hours (7:00 a.m. to 8:00 p.m.) when operated with all the manufacturer's standard mufflers and noise-reducing equipment in use and proper operating condition.
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Nonamplified crowd noises resulting from activities such as those planned by student governmental or community groups, when held in an appropriate zoning district.
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Noises of safety signals, warnings devices, emergency relief valves and bells and chimes of churches.
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Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
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Construction operations for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government, providing all equipment is operated in accord with the manufacturer's specifications and with all standard equipment, manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition. Such construction shall not begin prior to 7:00 a.m. and shall cease by 7:00 p.m. on Monday through Saturday and shall not begin prior to 10:00 a.m. and shall cease by 6:00 p.m. on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day unless a special permit has been granted by the city.
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All noises coming from the normal operations of aircraft (not including scale model aircraft).
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All noises coming from the normal operation of railroad trains.
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Those motor vehicles controlled by F.S. § 316.293, but not those motor vehicles exempt from coverage.
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Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the city in accordance with section 42-83. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit and contained in section 42-83.
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All noises coming from the normal operation of railroad trains except as prohibited in section
42-81(13).
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Sec. 10-10. Responsibility for animals.
The owner of an animal shall exercise reasonable care to protect humans, other animals and property from potential injury or damage caused by the behavior of such animal, whether such behavior results from mischievousness, playfulness or ferocity.
The owner of an animal shall exercise reasonable care to prevent such animal, while unattended, from leaving the premises of such owner by:
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Confinement in a secure enclosure, fence or pen from which the animal cannot dig, climb, jump or escape and which is locked when the animal remains unattended;
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Restraint by chain, cable and trolley, or other tether of sufficient strength to prevent escape; or
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Leash and physical control of a person able to prevent escape.
The owner of an animal shall exercise reasonable care to maintain such animal off the premises of such owner by:
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Confinement in a secure enclosure, fence or pen from which the animal cannot dig, climb, jump or escape on private property with permission of the property owner;
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Confinement in a vehicle from which the animal cannot climb, jump or escape; or
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Leash and physical control of a person able to prevent escape.
Sec. 10-11. Regulation of animals.
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No animal shall be permitted or allowed to run at large. It is a violation of this chapter for the owner of an animal to permit or allow the animal to run at large.
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No animal shall be permitted or allowed to cause a nuisance. It is a violation of this chapter for the owner of an animal to permit or allow the animal to cause a nuisance.
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No animal shall be permitted or allowed to defecate or urinate upon any public property or upon any private property without permission of the property owner. It is a violation of this chapter for the owner of an animal to permit or allow the animal to defecate or urinate upon any public property or upon any private property without permission of the property owner.
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The feces of any animal deposited upon any public property, or upon any private property without permission of the property owner, shall be promptly removed and disposed of. It is a violation of this chapter for the owner of an animal to refuse or fail to remove and dispose of any feces of the animal deposited upon any public property or upon any private property without permission of the property owner.
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No animal shall be permitted or allowed into or on any public park, unless an area in such park is designated for animals by resolution of the city council and is properly identified and posted by the city. It is a violation of this chapter for the owner of an animal to permit or allow the animal into or on any public park not designated for animals and not properly identified and posted. However, a deaf person, totally or partially blind person, or physically disabled person, as defined in F.S. § 413.08, shall have the right to be accompanied by a dog guide, especially trained for the purpose and being used to assist such person, into or on any public park without violating this section.
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Any female dog or cat in heat shall be confined in a secure enclosure to prevent such dog or cat from coming in contact with a male dog or cat, except for intentional breeding purposes. It is a violation of this chapter for the owner of a female dog or cat in heat to refuse or fail to confine the dog or cat as required by this section.
Sec. 10-14. Cruelty to animals.
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Any person who finds a sick or injured animal or whose vehicle strikes any domestic animal shall immediately notify the animal control authority, an animal control officer, a humane society or the owner of the animal. It is a violation of this chapter for any person to refuse or fail to provide notification of a sick or injured animal as required by this section.
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Adequate food, water, shelter, and medical care shall be provided for every animal. It is a violation of this chapter for the owner of an animal to refuse or fail to provide food, water, shelter or medical care for the animal as required by this section.
Sec. 10-15. Rabies vaccination of dogs
and cats. The owner of an adult dog or cat shall cause such dog or cat to be vaccinated against rabies each year by a licensed veterinarian. It is a violation of this chapter for the owner of an adult dog or cat to refuse or fail to have the dog or cat vaccinated against rabies as required by this section.
Rabies vaccination is not required if:
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A dog or cat is less than six months of age;
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A dog or cat has been vaccinated against rabies in another state during a period not to exceed one year from the date of the rabies vaccination, provided that the owner of such dog or cat presents a certificate of rabies vaccination to the animal control authority; or
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A licensed veterinarian examines a dog or cat and certifies in writing that rabies vaccination would endanger the health of such dog or cat because of age, infirmity, disability, illness or medical condition, provided that the licensed veterinarian presents such certificate to the animal control authority within five days of the examination and that such dog or cat is confined in a secure enclosure until a licensed veterinarian can safely vaccinate the dog or cat.
Upon rabies vaccination of a dog or cat, a certificate of rabies vaccination shall be signed by the licensed veterinarian administering the rabies vaccination and shall list the date of rabies vaccination, type of vaccine, and information identifying the owner and describing the dog or cat.
Sec. 10-16. License tags.
The owner of a dog or cat which is vaccinated against rabies shall obtain a license tag for such dog or cat each year. It is a violation of this chapter for the owner of a dog or cat to refuse or fail to obtain a license tag for the dog or cat as required by this section.
A license tag is not required if:
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A dog or cat is maintained in a licensed pet store or shelter facility until such dog or cat is sold or transferred to a new owner; or
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The owner of the dog or cat is not a resident of the city. For purposes of this chapter, any person who lives in the city for more than 30 consecutive days shall be deemed to be a resident of the city.
The license tag shall be issued by the community development department upon presentation of a certificate of rabies vaccination signed by a licensed veterinarian, completion of an application for license tag, and payment of the applicable fee.
If a license tag is lost or destroyed, the owner of a dog or cat shall obtain a replacement license tag upon presentation of a certificate of rabies vaccination signed by a licensed veterinarian and payment of the applicable fee.
By resolution, the city council shall establish fees to be charged for issuance of license tags. Such fees may be reduced for a license tag issued for a neutered dog or cat or for a first-time license tag issued for a dog or cat after June 30 of any year.
Any resident of the city who owns a dog guide, especially trained for the purpose and being used to assist a deaf person, totally or partially blind person, or physically disabled person, as defined in F.S. § 413.08, may obtain a license tag for such dog guide at no charge.
Each license tag shall be valid for a period not to exceed one calendar year beginning January 1 and ending December 31. It is a violation of this chapter for the owner of a dog or cat to permit or allow the dog or cat to wear a license tag which has expired.
A license tag issued for one dog or cat is not valid for any other dog or cat. It is a violation of this chapter for the owner of a dog or cat to permit or allow the dog or cat to wear a license tag which was not issued for such dog or cat.
The license tag shall be attached to the collar or harness of the dog or cat and shall be worn at all times, except:
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When such dog or cat is confined for treatment in a hospital or clinic operated by a licensed veterinarian;
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When such dog or cat is participating in a show, demonstration or training program and is under physical control of the owner of the dog or cat;
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If such dog or cat is permanently tattooed and the tattoo is registered with the animal control authority or his designee; or
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If a licensed veterinarian certifies in writing that such dog or cat cannot wear the license tag because of hazard or medical condition involving the dog or cat.
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 | Commercial Vehicles
(City Ordinance 70-47): Commercial
Vehicle means any vehicle designed, intended, or used for
transportation of people or goods as part of a business, except for rental
vehicles designed for temporary personal use. Only one (1) commercial
vehicle per dwelling unit may be parked outdoors on residential property if
it is used by a resident of the dwelling unit as part of a
full-time job and which leaves the premises on weekdays. The vehicle
must have a manufacturer's capacity rating of one (1) ton or less, and
must be parked on an approved driveway or driveway extension. This section
does not apply to commercial vehicles making deliveries to or servicing a
dwelling unit.
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(City Ordinance Sec. 70-36(a)(1)(j)): No person shall stop, stand or park a motor vehicle or trailer on parkage,
except for private passenger vehicles, by or
with authority of the owner or resident of the private property immediately
adjoining such parkage, which authority shall be implied in the absence of a
written complaint made by such owner, or the duly authorized agent of such
owner. Parkage is the unpaved are between the edge of road pavement and
adjacent property line. Boat and commercial vehicles, regardless of
capacity, are prohibited from parking on the parkage. |
Parking of any vehicle, including recreational vehicles,
regardless of size, is prohibited in front yards, except on approved driveways
or driveway extensions. This prohibition does not apply to vehicles or boats
being washed. It is encouraged that vehicles and boats be washed on unpaved
surfaces such as a lawn. You may park as many cars as the driveway will
afford, provided you do not block the sidewalk or bike paths.
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Proper Parking
Position (City Ordinance 70-35): (a) Except as otherwise provided
in this section, every motor vehicle stopped or parked upon a two-way
roadway shall be stopped or parked with the right-hand wheels parallel to
and within 12 inches of the right-hand curb or edge of the roadway. (b)
Except when otherwise provided herein, every motor vehicle stopped or parked
upon a one-way roadway shall be so stopped or parked parallel to the curb or
edge of the roadway, in the direction of authorized traffic movement, with
its right-hand wheels within 12 inches of the right-hand curb or edge of the
roadway or its left wheels within 12 inches of the left-hand curb or edge of
the roadway.
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Hindering a
Parking Motor Vehicle (City Ordinance 70-43): When the driver of
the motor vehicle has lawfully stopped with the obvious intention of backing
or proceeding into a legally designated parking space, it shall be unlawful
for any other person to stop his motor vehicle so as to obstruct or prevent
the driver from completing his movement into the parking space. This will
constitute an obstruction of a public street.
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Storing Vehicles & Parts
- Unregistered vehicles, inoperable vehicles, or vehicles which cannot be
legally driven on Florida roads because of damage or lack of repair, are
prohibited from being stored on residential property, except inside a
totally enclosed building. This same prohibition applies to vehicle parts.
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 | Parking of Recreational Vehicles
and Equipment (City Ordinance 70-48):
Recreational Vehicle or Equipment means any vehicle,
motorized equipment or equipment customarily towed behind a motor vehicle,
which is designed, intended, or used for recreational purposes, including
but not limited to, boats, boat trailers, travel trailers, pickup campers or
coaches, motorized dwellings and tent trailers.
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may be parked on an approved driveway, driveway extension, behind the
front plane of the dwelling, or inside a totally enclosed building. |
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No recreational vehicle or equipment greater than 24'
long (centerline length) shall be parked or stored on any residential lot,
other than inside a totally enclosed building or behind the front plane of a dwelling unit, meaning
the plane of the longest front facade parallel or nearly parallel to the
front line. This prohibition does not apply when storage is less than 72 hours in
any continuous 30-day period for the purpose of maintenance, loading or
unloading.
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Sleeping Prohibited
- Sleeping or living in any type of recreational vehicle, trailer, or
boat is prohibited in residential areas, except in approved campgrounds,
parks, or marinas.
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 | Parking Prohibited
- Parking upon any street or right-of-way is prohibited for the following
purposes:
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Selling from a vehicle; |
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Displaying advertising; |
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Displaying a vehicle for sale; |
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Storage of junk or dead storage; and |
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Maintenance or repairs (expect for breakdown
emergencies). |
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No vehicle shall be stopped, left standing, or parked in
any fire lane. No vehicle shall be parked within an intersection. No vehicle
shall block a private or public driveway. No vehicle shall be parked within
fifteen (15) feet of a fire hydrant.
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Reporting Violations
- For questions and complaints involving activities on private property,
call the 24 hour Code Enforcement hotline at 386-756-5286, or stop by the
Department of Community Development at 1000 City Center Circle, on the 2nd
floor of City Hall, during normal business hours. Such complaints would
include:
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Parking RV's; |
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Parking boats; |
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Sleeping in an RV; |
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Parking on the front lawn; |
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Parking commercial vehicles; or |
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Storing junk vehicles or parts in plain view. |
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For questions or complaints involving activities on the street,
sidewalk, or within public rights-of-way, call the Port Orange Police
Department at 386-756-5310. Such complaints would include:
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Repairing a vehicle; |
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Blocking a fire lane; |
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Displaying advertising; |
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Vending from a vehicle; |
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Displaying a vehicle for sale; or |
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Blocking a sidewalk or driveway. |
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Block parties, community garage sales and request
for street closings are permitted through the Police Department's Traffic
Division. When planning a block party, please remember the street must be
accessible to emergency vehicles at all times. Alcoholic beverages must remain
on private property and cannot be consumed on the sidewalk or roadway. All noise
ordinances still apply. After planning the event, please contact the Traffic
Unit at (386) 760-7680. An officer will be scheduled to review the site plans
with you. The Police Department will then coordinate the delivery of the road
closed barricades.
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Due to the confirmed intentional infection of United States
Citizens with the Anthrax Bacterium through the delivery of mail, the Florida
Department of Law Enforcement and United States Postal Service have set forth
some guidelines for the handling of suspicious packages/letters.
Anthrax
Anthrax is an infectious disease caused by the spore-forming bacterium
Bacillus anthracis. Anthrax is very rare in humans and cannot be transmitted
from person to person. It can appear as a crystalline or powdery substance that
may or may not be seen.
Bacillus anthracis is an age-old bacterium that has caused disease for
centuries in the world. Infection comes from contact with anthrax-infected
animals or infected animal products. The spores are found widely in soil;
therefore, animals that feed on the ground tend to be those most widely
infected. These animals usually include cows, sheep and goats. Humans can
contract one of three forms of Bacillus anthracis: cutaneous (skin), intestinal
and respiratory.
Most commonly, infected people have been exposed through their work such as
farmers, butchers and veterinarians, and those who sort raw wool and tan hides.
Symptoms vary depending on exposure but can include cold and flu-like symptoms.
Doctors can prescribe antibiotics for treatment of the disease. To be effective,
treatment should be initiated early. If left untreated, the disease can be
fatal.
Characteristics of a suspicious package
Historically, the likelihood of receiving a package or letter containing
suspicious substances or devices was remote. However, since the September 11th
attacks and recent cases of Anthrax in Florida, it is important for citizens to
be aware of characteristics that are common to questionable packages. Some
indicators for determining suspicious packages and letters include, but are not
limited to, the following:
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It's unexpected or from someone you don't know. |
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It's addressed to someone no longer at your address. |
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It's handwritten and has no return address or bears one that you can't
confirm is legitimate. |
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It's lopsided or lumpy in appearance. |
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It's sealed with excessive amounts of tape. |
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It's marked with restrictive endorsements such as "Personal" or
"Confidential." |
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It has excessive postage. |
What the public should do with a suspicious piece
of mail
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Don't handle a letter or package that you suspect is contaminated. |
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Don't shake it, bump it, or sniff it. |
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Wash your hands thoroughly with soap and water. |
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Notify local law enforcement authorities. |
Where to find additional information
Florida Department of Law Enforcement - www.fdle.state.fl.us
Florida Department of Health - www.doh.state.fl.us
United States Postal Service - www.usps.com
Center for Disease Control - www.cdc.gov
Volusia County Health Department
Post Office Box 9190 (32120)
501 South Clyde Morris Blvd.
Daytona Beach, FL 32114-32997
386-947-3414
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