§ 13-61. Definitions.

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended and the definitions set forth in F.S. §§ 509.242 and 320.01(2)(b), shall apply to the interpretation of this article as shall the terms defined otherwise in the land development regulations of the city.

Absentee owner means an owner of residential rental property who does not utilize the subject property as their primary residence.

City means the City of South Daytona, Florida.

Monthly period means any consecutive thirty-day period.

Nuisance activity means any activity, behavior or conduct whenever engaged in by premises owners, operators, occupants or persons associated with a premises that could be enforced by means of a proceeding before the city's special master, through citation as set forth in this Code, through nuisance abatement, or relating to any actions or offenses relating to the following subject matter:

(1)

Firearms and weapons;

(2)

Harassment of a neighbor, disorderly conduct, or disturbing the peace;

(3)

Battery, substantial battery or aggravated battery;

(4)

Indecent exposure;

(5)

Keeping a place of prostitution, or otherwise using the premises for the purpose of prostitution;

(6)

Littering, solid waste or public health;

(7)

Arson;

(8)

Possession, manufacture or delivery of a controlled or illegal substance or related offenses;

(9)

Gambling;

(10)

Trespass to land or criminal trespass to a dwelling;

(11)

Production or creation of excessive noise or vibration;

(12)

Loitering;

(13)

Public drinking and other matters relating to alcoholic beverages;

(14)

Intoxicating beverages;

(15)

Unpermitted or illegal business;

(16)

Selling or giving away tobacco products to underage persons;

(17)

Illegal sale, discharge and use of fireworks;

(18)

Junk vehicles;

(19)

Action deemed a nuisance under state law;

(20)

Any action that is a violation of this Code which could be enforced by the through the city's code enforcement procedure;

(21)

Act of aiding and abetting of the activities, behaviors or conduct enumerated in this article; or

(22)

Conspiracy to commit or attempt to commit any of the activities, behaviors or conduct enumerated in this article.

Person associated with means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit, a premises or person present on a premises including, but not limited to, any officer, director, customer, agent, employee or independent contractor of a premises owner.

Service call means each time one (1) or more city police officer(s) or city code enforcement officer(s) commences and completes a response to an identifiable unit of property as recorded by the Volusia County Sheriff's Communication Center's computer aided dispatch system or a written report of a police officer or code enforcement officer which sets forth the time the officers were present upon the property. Responses caused by false reports of nuisance activity or for criminal activity that commences elsewhere and subsequently comes upon a unit of property despite reasonable efforts of persons responsible for the unit of property to exclude it, will not constitute a service call. Excluded from this definition are courtesy inspections, criminal investigations of matters not arising from or connected with the property, paid off-duty details of police officers, follow-up police officer activity to investigate a previous criminal violation, such as interviewing witnesses, or follow-up code enforcement activity to a previously cited code violation, such as inspections to determine if code violations are corrected. Also, excluded is police or code enforcement activity when it is determined that no criminal or code violation exists. If the city receives more than one (1) call related to the same circumstance or event and the multiple calls do not result in the city dispatching more police officers to the scene, all calls shall be deemed one (1) service call regardless of the number of calls received.

Unit of real property means any contiguous lands within the city which are under common ownership or are devoted to a single use, whichever is greater. Common ownership shall include all entities from which the same natural or fictitious person or people have ultimate benefit. Contiguous land shall include those separated by easements, sidewalks, alleys, rights-of-way and water bodies.

(Ord. No. 08-19, § 1, 9-8-08; Ord. No. 09-01, § 1, 2-24-09)