2010-O-21ORDINANCE NO.2010-0-21
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IV (PEDDLERS,
SOLICITORS, CANVASSERS) OF CHAPTER 11
(BUSINESS TAX RECEIPTS AND BUSINESS
REGULATIONS); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Article IV (Peddlers, Solicitors, Canvassers) of Chapter 11 (Business Tax
Receipts and Business Regulations) of the City of Edgewater Code of Ordinances has not been
modified since 1995.
2. Amendment of Article IV (Peddlers, Solicitors, Canvassers) will include a section
related to the regulation of itinerant merchants doing business within the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND ARTICLE IV (PEDDLERS, SOLICITORS,
CANVASSERS) OF CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS) OF THE
CODE OF ORDINANCES IN ITS ENTIRETY FOR THE
CITY OF EDGEWATER, FLORIDA.
Chapter 11 (Business Tax Receipts and Business Regulations), Article IV
(Peddlers, Solicitors, Canvassers) is hereby amended to read as follows:
Chapter 11 (Business Tax Receipts and Business Regulations), Article IV
(Peddlers, Solicitors, Canvassers) is now amended to read Article IV (Peddlers,
Solicitors, Canvassers and Itinerant Merchant); Code of Ordinances, City of
Edgewater, Florida is hereby repealed and restated in its entirety as set forth in
Exhibit "A", which is attached hereto and incorporated herein.
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PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section', "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilwoman Rogers and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on September 13, 2010, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes ABSENT
Councilman Ted Cooper X
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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PASSED AND DULY ADOPTED this 27th day of September, 2010.
ATTEST: CITY COUNCIL OF THE
CITY OF ED MTER,ORIDA
p r
Y)r 1 quo . lI o x�26
Bonnie Wenzel M' re ' m
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 27th day
legality by: Carolyn S. Ansay, Esquire of September, 2010 under Agenda Item No.
City Attorney 8 b
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
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EXHIBIT "A"
ARTICLE IV. PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT
MERCHANT
Sec. 11-61. Statement of purpose.
It is the purpose of the city to assist in the accomplishment of the following goals:
(1) Prevention and/or reduction of crimes;
(2) Protection of the privacy and peaceful enjoyment of the home and business; and
(3) Making available to residents information helpful to determine their response to
solicitors.
See. 11-62. Definitions.
As used in this article, the following definitions shall apply:
excluded from this provision.
Peddler, solicitor or canvasser- livespeetive of eemman usage, these terms may be used
interchangeably to desegm means any person who makes uninvited contact, directly or
indirectly, by telephone, mail or in person or otherwise with any resident of the city for the
purpose of soliciting firrespec[ive of common usage, these terms may be used interchangeably.
This includes any person who, without invitation, goes upon private property to request
contribution of funds or anything of value or to sell goods or services for political, charitable,
religious, or other noncommercial purposes.
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Resident of the city means Amy person with a mailing or street address located within the city,
including temporary visitors, renters or boarders.
Solicit solicitation or soliciting. The-- ^ a-^-abe means the act of requesting, directly or
indirectly, expressly or by implication, money, credit, property, financial assistance, information
or any other thing of value either in return for goods or services, or for an order for either goods
or services, or as a contribution or donation whether or not such contribution or donation results
in receipt of any goods, merchandise or service or any similar exchange of something of value
between the person engaging in the act of solicitation and a resident of the city, whether such
things of value be tangible or intangible.
Structure- means Amy object constructed or installed by a person having a permanent location
on the ground.
OF "itififfam vender," is defined as my person, fiffa ef eeFisaFatim, whether its ewaeF, agent,
OF employee, ., h..,l..... ... esid...., of the elf. ... not .. he ....gages in femise..e.. business
C selling and delivering goods ....«..s and meFshandise within fhe..:f.. and who in 6.4h......aee
of any !coal licensee.
See. 11-63. Registration --Required
(a) Except as otherwise provided in section 11-74, it shall be unlawful for any person 18 years
of age or older to engage in soliciting or itinerant merchandising sales within the city without
first being registered for that purpose as provided in this article.
(b) No person under the age of 18 shall be permitted to engage in soliciting or itinerant
merchandising sales except as provided in this section.
(c) A registration shall be obtained by a sponsoring person, company or organization for the
conduct of any solicitation or itinerant merchandising sales activities involving, in whole or in
part, a sales force of one or more person under 18 years of age.
(d) The sponsor shall be responsible for supervising and controlling the conduct of all persons,
including juveniles, soliciting under the sponsor's registration. For the purposes of this section,
supervision shall mean that the sponsor has the person soliciting under the sponsor's registration
within view at all times.
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(e) For solicitation,Tthe sponsor shall provide to each individual in its sales force a badge or
other easily readable form of identification which identifies the name of the sponsor and the
name of the individual. The sponsor shall require all individuals in its sales force to wear such
identification so that it is clearly visible at all times when the individuals are soliciting.
Sec.11-64. Same --Application.
(a) Form. Applicants for registration shall complete and return to the city clerk, not fewer than
five working days in advance of the date upon which the applicant wishes to commence
solicitations within the City and fourteen working days in advance for itinerant merchants, a
registration form famished by the city which shall require the following information:
(1) Name, Seeial SeetHity numberi permanent address and telephone number, and
temporary address and telephone number.
(2) A physical description of the applicant, setting forth the applicant's date of birth
and any other distinguishing physical characteristics.
(2) (3) The make, model and license number of any vehicles to be used by applicant.
(3)(44) The place where the applicant may be contacted for at least seven days after
leaving the city.
(4) (_s_) Name, address and telephone number of the person or organization the applicant
represents or is employed by, (if applicable).
(S) (6) Name and title of an officer of such organization who can verify the authority of
the applicant to represent the organization.
(6) f7_) The name of three previous cities where applicant (or the organization
represented) conducted similar solicitations or itinerant merchandising sales if
applicable).
,.
C/Ol /-) A statement heth.,_ .,_ not ap_1iewit has been a ted _led m,:lr. a- _led
the _ seem. five _ and the _lace and neittwe tL_-__f, A statement of any
convictions nolo contendere pleas, or forfeitures for violatina my local state or federal
law, excluding traffic fines of $50.00 or less, the nature and location of the offense(s) and
the penalty imposed.
(9) The applicant shall famish with the form two photographs of the applicant taken
within 60 days immediately prior to the date of filing of the application, which shall be at
least two inches by two inches, showing the head and shoulder of the applicant in a clear
and distinguishable manner, one of which shall remain on file in the office of the Citv
Clerk and the other shall be attached to and made part of the permit.
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(10) The applicant shall Provide a set of fingwrints which shall remain on file with
the city.
(;) (11) A statement as to whether or not the applicant (and/or represented organization,
if applicable), has:
a. Engaged in solicitations or itinerant merchandising sales of a similar nature in
the city before; and
b. If so, whether any license, permit or registration issued by the city has ever
been revoked;
(9)(12) The nature of the solicitations to be conducted and a brief description of any
good or services offered.
(19) (13) The proposed method of delivery of goods or services, if applicable.
(-1-}) (14) The peried length of time durffig
solicitation/business or itinerant merchandising sales is to be conducted in the city of
Edgewater.
(1-2) (L5) A statement that the registration does not represent and will not be used by the
applicant as an endorsement of the solicitor's or itinerant merchants product, service or
cause by the city.
statement is not provided by the property owner.
All statements made by the applicant upon the application or in connection therewith,
shall be under oath.
(b) Additional information. Each applicant shall present to the city clerk for examination:
(1) A driver's license or some other proof of identity providing equivalent information;
(2) Any certificates, licenses or other authorizations as may be required by the city, state
or other regulatory bodies applicable to the applicant's proposed solicitation activity.
See. 11-65. Same --Fee.
At the time the application is submitted; a fee shall be paid to the city clerk te-peRially
def ..y the eest of _-..........:_g the Pegistntfien .._a issuing the ,...:a..ate _f registri..:__. The fee
shall be established by a resolution from the city council and subject to change accordingly. This
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fee is not refundable if the registration is refused for any reason noted in section 11-66 or if the
applicant withdraws the application at any time after the close of the business day on the day
during which it was submitted.
Sec. 11-66. Same investigation Review; issuance or denial.
(a) Upon receipt of an application, the city clerk shall refer it as soon as possible to the
chief of police who shall
epplieatien. cause such review of the applicant's criminal background.
(bee) The city clerk shall refuse to register the applicant if it is determined, pursuant to
the chief of police's investigatien review that:
(1) The application is incomplete or contains false data;
(2)
_elvi_g _end w .. tpitude within the _°va -. in.. five . eaps; er has been convicted of a
felony offense or first degree misdemeanor:
(3) The applicant failed to comply with any applicable provision of section 11-64.
(ed) Absent a cause to refuse registration in accordance with subsection (b), the city
clerk shall grant a registration and issue to the applicant a certificate of registration. Such
certificate shall authorize the holder to conduct business within the city for a 42three-month
period of time. The city clerk shall maintain an accurate record of every application received and
acted upon together with all other information and data pertaining to the application and all
certificates of registration issued and applications refused.
(de) A permit is not transferable between solicitors or itinerant merchants. When a
solicitor changes employers, or his permit is revoked, the permit is automatically void; and he
shall return the void permit to the city clerk.
Sea 11-67. Appeal.
Any person aggrieved by the action or decision of the city clerk to deny or revoke a
registration may appeal such decision to the city council by filing a written request with the city
manager within 30 days after the rendition of the decision by the city clerk. The request shall be
placed on the agenda of the next available regular meeting of the city council.
Sea 11-68. Loud noises and speaking devices.
No applicant, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or
use any sound -amplifying device upon any of the streets, alleys, parks or other public places of
the city or upon private premises where sound of sufficient volume is emitted or produced
therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other
public places, for the purpose of attracting attention to any goods, wares or merchandise which
such applicant proposes to sell.
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Sec. 11-69. Prohibited practices.
It is unlawful for any peddler, solicitor or itinerant merchant to make exclusive use of any
location on any street, alley, sidewalk or right-of-way for the purpose of selling, delivering or
exhibiting goods or merchandise.
Sec. 11-70. Solicitor $business regulations.
It shall be unlawful for any solicitor:
(1) To call at any residence prior to the hour of 9:00 a.m. or after 8:00 p.m.;
(2) To call at any residence or other place bearing a notice of 'No Peddlers" or 'No
Solicitors" or words of a similar meaning, providing such notice is posted in a
conspicuous place or near the main entrance, is plainly visible, is at least three inches by
five inches in height;
(3) To call at other than the front or main door of any residence;
(4) To remain on any premises after being asked to leave by the owner, occupant or
other person having authority over such premises;
(5) To misrepresent or make false, deceptive or misleading statements concerning the
quality, quantity or character of any goods or services provided, the purpose of the visit,
his or her identity or the identity of the represented organization; or
(6) To impede the free use of sidewalks and streets by pedestrians and vehicles.
See.11-71. Solicitor Disclosure.
All registered solicitors shall conform to the following requirements
(1) After the initial greeting and before any other statement is made to a prospective
solicitee, a solicitor shall expressly disclose his or her name, the name of the organization
represented, if any, and identify the nature of the solicitation, i.e. selling ,
seeking information for , asking for contributions to or for , etc.
(2) If the solicitation is for the purchase of goods or services or for any order for the
later delivery of goods or services, the solicitor shall clearly inform the solicitee of their
right to cancel the transaction at any time within 72 hours if it involves the extension of
credit or is a cash transaction of more than $25.00.
(3) If the solicitation results in an order for the later delivery of goods or services, the
solicitor shall, at the time the order is taken, provide the buyer with a copy of all signed
documents, containing at the minimum: the terms of the agreement, the amount paid in
advance and whether such amount represents full, partial or no advance payment; the
name, address and telephone number of the seller or provider, the delivery or
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performance date; and whether a guarantee or warranty is provided, if so, the terms
thereof.
(4) Upon any request to do so, the solicitor shall display for review the certificate of
registration issued by the city.
Sec. 11-72. Reveeetiim Itinerant merchant business regulations.
(1) The site shall have appropriate sanitary facilities available at the premises upon which
temporary business will be permitted.
(2) The raoposed location will not result in unsafe ingresslegress for either pedestrians or
vehicles.
(3) The proposed location shall comply with the appropriate Florida Fire Prevention
Codes.
(4) The proposed location will direct on -site lighting away from adjacent parcels and
roadways.
(5) The City may add other conditions to protect the health, safety and welfare of the
residents.
The City shall provide scheduled and unscheduled inspections prior to and/or during the period
of the Permit by police, fire, code compliance, building and/or City administration
representatives to monitor and ensure compliance with all applicable City. County and State
codes.
Sec. 11-733. Revocation.
Any certificate of registration shall may be revoked by the city clerk if the holder
conducts peddling, of solicitation or itinerant merchandising activities contrary to any of the
provisions of this article; has made a false statement in the application; has made a
misrepresentation or a false statement in the conduct of business:
involving mend " has been convicted of a felony offense or first degree misdemeanor:
conducts peddling or solicitation or itinerant merehandisine activities in such a manner as to
create a public nuisance, constitute a breach of the peace or endanger the health, safety or general
welfare of the public; or otherwise becomes disqualified for the issuance of a certificate of
registration under the terms of this article. Immediately upon such revocation, written notice
thereof shall be given by the city clerk to the holder of the certificate in person or by registered
United States mail addressed as set forth in the application. Immediately upon the giving of such
notice, the certificate of registration shall become null and void.
Sec. 11-734. Exemptions.
The following, or their authorized agents, are exempt from the provisions of this article;
any person:
(1) Delivering newspapers, fuel, dairy products or bakery goods to regular customers on
established routes;
(2) Selling goods at wholesale dealers in such goods;
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(3) Who has an established place of business where goods or services being sold are
offered for sale on a regular basis, and where the buyer has initiated contact with and
specifically requested a home visit by such person;
(4) Who has had, or one who represents an organization which has had, a prior
transaction similar to that being solicited with the solicitee;
(5) Who is an officer or employee of the city, county, state or federal government or any
subdivision thereof, when on official business;
(6) Conducting solicitations from the membership of the represented organization for
the sole benefit or under the auspices of that organization, and
(7) Nonprofit organizations are exempt from paying the fee but shall register, with proof
Sec. 11-745. Enforcement.
The provisions of this chavter shall be enforced by the city clerk- code enforcement
division. police department and fire department.
Sea 11-746. Reserved.
Sea 11-757. Penalty.
Any person violating the provisions of this article shall, upon conviction, be subject to the
penalties in section 1-8 of this Code. Each separate day of violation constitutes a separate
offense.
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