§ 38-203. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City attorney means the person who serves as legal counsel to the city commission or any police officer or assistant city attorney who serves on such person's behalf.

Complainant means the person who files a complaint alleging that a place or premises constitutes a public nuisance.

Controlled substance shall have the same meaning as stated in F.S. §§ 893.02 and 893.138, and any other applicable provision of general law, as may be amended from time to time.

Place or premises means the land and its appurtenances, structures and fixtures thereon, as such land is described or contained in a deed or instruments of conveyance and recorded in the Official Records of Orange County, Florida.

Nuisance abatement board means the City of Winter Garden Nuisance Abatement Board which is also referred to herein as "board".

Owner means the owner of the place or premises that is alleged to be a "public nuisance".

Police department means the Winter Garden Police Department.

Public nuisance means any place or premises that is alleged to have been used:

(1)

On more than two occasions within a six-month period as the site of a violation of F.S. § 796.07, that pertains to prostitution;

(2)

On more than two occasions within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(3)

On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony, and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(4)

By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03; or

(5)

On more than two occasions within a six-month period, as the site of a violation of F.S. § 812.019, relating to dealing in stolen property.

Recurring public nuisance means a second or other additional occurrence of a public nuisance during the effective term of an order entered by the nuisance abatement board.

(Ord. No. 02-05, § 1, 3-28-02)