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CITY OF POMPANO BEACH v. CAPALBO

No. 82-2496.

455 So.2d 468 (1984)

CITY OF POMPANO BEACH, Petitioner, v. Richard Maynard CAPALBO, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 26, 1984.

Attorney(s) appearing for the Case

Philip J. Montante, Jr., City Prosecutor, Pompano Beach, for petitioner.

Dorothy V. Maier of Wagner & Kollra, P.A., Fort Lauderdale, for respondent.

James R. Wolf, Tallahassee, as amicus curiae by Florida League of Cities, Inc., on behalf of petitioner.

James K. Green of Green, Eisenberg & Cohen, West Palm Beach, as amicus curiae by American Civil Liberties Union of Florida on behalf of respondent.

GLICKSTEIN, Judge.

On September 12, 1981, at approximately 2:55 a.m. a City of Pompano Beach police officer saw respondent Richard M. Capalbo sleeping in his automobile, which was parked in a city parking lot. Respondent was arrested and charged by information with violating City of Pompano Beach Municipal Code Section 31.66. This ordinance provides as follows:

It shall be unlawful for any person to lodge or sleep in, on, or about any automobile, truck, camping...

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