§ 39.77. Same—Notice.

(1)

Upon observation that a motor vehicle has been operated on a designated and posted street or roadway past a traffic control point two (2) or more times within any two (2) hour period, the vehicle shall be stopped after the second or subsequent observation for the purpose of giving notice to the operator and to each passenger in the vehicle. The notice, which may be verbal or in writing, shall inform the operator and passengers that this ordinance is in effect, and that a subsequent operation of the vehicle past a traffic control point within two hours after the initial observation of the vehicle shall constitute a violation of this law. The notice shall include a brief and general description of the designated streets or the area containing the designated streets and a description of the fine which may be imposed upon conviction.

(2)

At the time a motor vehicle is stopped to give the notice described in this section, and at the time a motor vehicle is stopped after giving of such notice, and prior to issuing a uniform traffic citation to the operator of the motor vehicle, the officer shall afford the operator or a passenger in the motor vehicle an opportunity to explain his or her conduct. No person shall be convicted for violating Section 39.76 or Florida Statutes § 316.074(1), if it appears at trial that the explanation given was true and disclosed a lawful purpose. Refusal by the person to explain his or her conduct to the officer shall not be deemed an element of the offense or evidence establishing probable cause that the person has violated this section.

(Ord. of 4-18-1994, Doc. #27450)