Sarasota News Leader

03/01/2013

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Sarasota News Leader March 1, 2013 Page 52 ���I believe that at least at a preliminary level, Again referring to Barbetta���s remarks, Patterthey felt [the new ordinance] could work,��� De- son said, ���Unless you see [a person] hold his Marsh added. hand out, take money ��� that would be the The measure does keep a law on the books, only way you could even move him along, behe noted, giving the County Commission time cause you���d have to see it to know that it���s for that purpose ��� unless you interpret the sign, to refine it. which says, ���Give money.������ Then Barbetta asked, ���If you see somebody standing in the median holding a sign looking ���We want to work with the Sheriff���s Office on for a job ��� is that lawful or unlawful?��� this,��� DeMarsh replied. ���It is lawful unless it disrupts the normal flow Sheriff���s deputies and the County Attorney���s of vehicles,��� DeMarsh replied. ���It���s problemat- Office will be paying attention to such practiic to go much further because of First Amend- cal aspects of enforcement, he added. ment rights that people have to hold signs.��� In response to a question from Chairwom���Why can���t we just have an ordinance that says an Carolyn Mason, DeMarsh said he and his you can���t stand in the median unless you���re staff would work with the stakeholders on any crossing the road?��� Barbetta persisted. amendments to the emergency ordinance and ���We want to explore that,��� DeMarsh said, add- return with those suggestions to the commising that he and his staff did not have time to sion in seeking the advertisement of a public delve into all possible options for new lan- hearing on a revision. guage in the ordinance before they felt they had to present something to the commission. ���We would advise you not to adopt an emergency ordinance and leave it forever,��� he re���It seems to me that under the definition of iterated. obstruction of traffic, you���re trying to get at that issue,��� Patterson said in reference to Patterson made the motion to approve the Barbetta���s comment. ���But I don���t know how emergency ordinance, with Commissioner you would determine that somebody walking Charles Hines seconding it. along the median ��� who happens to be hold���This is a very difficult situation,��� Hines said. ing a sign ��� that they are actually inhibiting or obstructing traffic. Some of our medians ���It���s America, and I don���t mean that as a joke. ��� We have public freedoms.��� are only a foot-and-a-half wide.��� A deputy would have to observe a violation, DeMarsh told her, adding that was part of the ordinance that could be amended before it became a permanent part of the county code. The ordinance at least will allow the county to keep a measure in its code to promote public safety, he pointed out, until a better ordinance can be developed. %

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