Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Nuisance Abatement Procedures
PRIOR REVISIONS
PROPONENT UNIT
Patrol Operations Bureau ATTACHMENT: 0
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
40.32 11/11/02 06/19/17 2
I. PURPOSE: This Order provides guidelines for addressing and enforcing the Nuisance
Abatement Ordinance.
II. POLICY: The Gainesville Police Department shall work cooperatively with other departments
of the City to respond to, enforce and properly track properties that may be public nuisances.
When possible, the Department will also work with involved property owners to alleviate the
nuisance.
III. DEFINITIONS: Public nuisances is defined by City Ordinance Chapter 16 Article V, Sections
16-94 as any structure or portion thereof as defined in FSS 810.011 or any piece, parcel tract or
plot of land or any portion thereof which has been used:
(https://www.municode.com/library/fl/gainesville/codes/code_of_ordinances?nodeId=PTIICOOR
_CH16NU_ARTVPUNUAB)
A. On at least 3 occasions within a 6 month period as the site of the unlawful sale,
delivery, manufacture, or cultivation of a controlled substance. An arrest for a violation of
FSS 893 or any federal narcotics law within 30 days prior to the issuance of a notice is
prima facie evidence of a violation.
B. On at least 2 occasions within a 6 month period as the site of the unlawful sale,
delivery, manufacture, or cultivation of a controlled substance, and, on at least one
occasion within the time frame, as the site of a felony possession of a controlled
substance.
C. On at least 3 occasions within a 6 month period as the site of a violation of FSS 796
relating to prostitution and prostitution-related activity. An arrest for a violation of FSS
796 within 30 days prior to the issuance of notice is prima facie evidence of a violation.
D. On at least 3 occasions within a 6 month period as the site where a criminal street
gang conducted a pattern of street gang activity as defined by FSS 874.03.
E. On at least 3 occasions within a 6 month period as the site of a violation of FSS
812.019 relating to dealing in stolen property.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
IV. PROCEDURE: Identifying, Substantiating and Documenting An Incident: Potential
nuisances may be identified by citizen complaint or by field personnel. Sworn personnel will
substantiate and document the incident and report it through the chain of command as needing
attention.
A. An incident may be substantiated by any police officer:
1. Who makes an arrest, or
2. Whose investigation documents the occurrence of a requisite incident
regardless of whether an arrest is made, or
3. Who investigates a complaint from a citizen and develops probable
cause to believe that an incident occurred.
B. When a Department member substantiates a qualifying incident, he/she shall
complete an investigative report.
C. Department members shall contact Codes Enforcement and provide
them with all necessary information to move forward with the nuisance
abatement process.
__________________________
By Order of
Signed Original on File in the
Accreditation Unit
__________________________
Tony R. Jones
Chief of Police
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