§ 135.10. DEFINITIONS.

For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Board. The Nuisance Abatement Board of the City of Delray Beach.

Clerk. The person appointed by the local governing body of the City to perform the clerical duties necessary to carry out the activities of the Nuisance Abatement Board.

Controlled substance. Includes any substance named or described in schedules I—V of F.S. Section 893.03 as well as any substance sold in lieu of a controlled substance in violation of F.S. Section 817.563 or any imitation controlled substance defined in F.S. Section 817.564.

Public nuisance. Any place or premises within the City limits of Delray Beach which has been used:

(1)

On more than two (2) occasions within a six (6) month period as the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance;

(2)

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;

(3)

On more than two (2) occasions within a six (6) month period, as the site of a violation of F.S. Section 796.07;

(4)

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

(5)

On more than two (2) occasions within a six (6) month period as the site of a violation of F.S. Section 812.019 relating to dealing in stolen property.

(Ord. No. 59-96, passed 1/21/97; Ord. No. 4-05, § 1, passed 2/1/05)