§ 18-283. Affirmative defenses; exceptions.

(a)

It shall be an affirmative defense or an exception to an alleged violation of this section if the alleged violator demonstrates any of the following:

(1)

The alleged violator is an individual and whose ownership, possession, operation or use of a simulated gambling device was solely for personal, recreational, and non-commercial purposes in a personal residence;

(2)

The alleged violator's ownership, possession, operation or use of a simulated gambling device was expressly permitted by a Florida statute and not otherwise prohibited by another Florida statute or the Florida Constitution, except that this affirmative defense or exception shall not apply to devices permitted in Broward and Miami-Dade counties only under article X, section 23 of the Florida Constitution and F.S. ch. 551; or

(3)

The alleged violator was a religious or charitable organization conducting a fundraising activity involving gaming, provided the religious or charitable organization did not conduct the activity more than twice in any one calendar year, the organization provided at least 24 hours' notice to the Port Orange Police Department of the date, time, place and nature of such activity and who would be conducting it, and the activity was not otherwise unlawful.

(Ord. No. 2011-38, § 2, 1-3-12)