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ORDINANCE NO. 95-0-24
AN ORDINANCE AMENDING ARTICLE IV (PEDDLERS, SOLICITORS,
CANVASSERS) OF CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES,
ETC.) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA; CLARIFYING THE DEFINITION OF PEDDLER, SOLICITOR
OR CANVASSER; DELETING THE DEFINITIONS OF PORTABLE SIGN
AND SIGN; PROVIDING THAT PERSONS UNDER EIGHTEEN YEARS OF
AGE MUST BE SPONSORED IN ORDER TO OBTAIN A REGISTRATION;
ESTABLISHING AN APPEAL PROCESS FOR THE DENIAL OR
REVOCATION OF A REGISTRATION; CLARIFYING THE HOURS WHEN
SOLICITATION IS PERMISSIBLE; ADDING ADDITIONAL GROUNDS
FOR REVOCATION OF A REGISTRATION; CLARIFYING THAT THE
CITY CLERK IS THE OFFICIAL WITH THE AUTHORITY TO REVOKE
A REGISTRATION; DELETING THE WAIVER OF THE FEE AND THE
REGISTRATION REQUIREMENT FOR PERSONS UNDER THE AGE OF
SIXTEEN; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. The number of solicitors, especially solicitors under the
age of eighteen appears to be increasing.
2. Article IV. Peddlers , Solicitors, Canvassers of Chapter 11
was enacted to assist in the accomplishment of the goals of crime
prevention/reduction and protection of the privacy and peaceful
enjoyment of the homes and businesses of City residents.
3. In order to continue to accomplish the established goals,
with the increasing number of solicitors it is necessary to revise
Article IV of Chapter 11.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE IV ( PEDDLERS, SOLICITORS,
CANVASSERS) OF CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES, ETC.) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 11-62 is hereby amended as follows:
Sec. 11-62.
Definitions.
Peddler, solicitor or canvasser.
Irrespective of common
usage, these terms may be used interchangeable to describe 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. This includes any person who,
without invitation, goes upon private property, to request
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contribution of funds or anvthinq of value, or to sell qoods or
services for political, charitable, reliqious, or other non-
commercial purposes.
Portable aigR. 1\.ny aign not permanently affil[ed to the ground
or the atructure on the aite it occupiea.
Sign. 1\.ny de~:iae for ~:iaual cOHlHlunication "ihich ia uaed to or
intended to attract the attention of the public for buaineaa or
profeaaional purpoaea, ..ihen the diaplay of thia deviae ia viaible
beyond the boundariea of the property upon "ihich the diaplay ia
located. The term "aig-n" ahall not include any flag or badge or
inaignia of any gO~Jernment or governmental agency. The term "aign "
ahall not include the diaplaya or advertiaing devicea in a
merchant' a ..dndmi or ..d thin the interior of a building.
Solicit, solicitation or soliciting.
These terms describe
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 ore 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 thins of value be tangible or intangible.
Section 11-63 is hereby amended to read as follows:
Sec. 11-63. Registration-Required.
~ Except as otherwise provided in Section 11-73, it shall be
unlawful for any person eiqhteen (18) years of aqe or older to
engage in soliciting within the City without first being registered
for that purpose as provided in this Article.
(b) No person under the aqe of eiqhteen (18) shall be
permitted to enqaqe in solicitinq except as provided in this
Section.
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(c) A reqistration shall be obtained by a sponsorinq person,
company or orqanization for the conduct of any solicitation
activities involvinq, in whole or in part, a sales force of one (1)
or more person under eiqhteen (18) years of aqe.
(d) The sponsor shall be responsible for supervisinq and
controlling the conduct of all persons, includinq iuveniles,
solicitinq under the sponsor's reqistration. For the purposes of
this ordinance, supervision shall mean that the sponsor has the
person solicitinq under the sponsor's reqistration within view at
all times.
(e) The sponsor shall provide to each individual in its sales
force a badqe or other easily readable form of identification which
identifies the name of he 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 solicitinq.
Section 11-64 is amended as follows:
Sec. 11-64. Same-Application.
(a) Form ~.
Section 11-67 is amended to read as follows:
Sec. 11-67. Appeal.
Any applicant refuoed
person aqqr ieved by the action or
decision of the City Clerk to deny or revoke a registration may
appeal such decision to the city Council by filinq a written
request with the city Manaqer within thirty (30) days after the
rendition of the decision by the City Clerk. The request shall be
placed on the aqenda of the next available reqular meetinq of the
Citv Council to the governing body in accordance 'iith the appeal
procedure eotabliohed by the governing body.
Section 11-70 is amended as follows:
Sec. 11.70. Business regulations.
It shall be unlawful for any solicitor:
(1) To call at any residence prior to the hour of 9:00
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a. m. 8 I 00 a. m. or after 8: 00 P. m. ounoet, elccept by appointment;
Section 11-72 is amended to read as follows:
Sec. 11-72. Revocation;appoal.
Any certificate of registration shall be revoked by the City
Clerk chief of police if the holder conducts peddling or
solicitation activities contrary to
thereof io conTJicted of a
violation of any of the provisions of this Article; er has made a
false statement in the application; is convicted of any crime
involvinq moral turpitude: conducts peddlinq or solicitation
activities in such a manner as to create a public nuisance,
constitute a breach of the peace or endanger the health, safety or
qeneral 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 chief of police to the
holder of a certificate in person or by registered united States
mail addressed to hio or her reoidence as set forth in the
application.
Immediately upon the giving of such notice, the
certificate of registration shall become null and void.
Elccept
'iil7here reT.vocation occuro follmdng a comdction for violation of
thio 1\rticle, the holder of the certificate may appeal to the
governing body in accordance with the appeal procedure eotabliohed
by the governing body.
Section 11-74 is amended as follows:
Sec. 11-74. Waiver.
1\ny peroon ohowing proof that he or ohe io under the age of
oilcteen (16) yearo may requeot a 'iimiTJer of feeo and regiotration
requiremento provided that hio or her parento or guardian certify
in 'iil7riting that ouch parente or guardian 'iidll ouperJioe ouch
activJitieo.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
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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, 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, 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 effect on February 5, 1996.
PART F.
ADOPTION.
After Motion by Councilman Hays and Second by Councilwoman
Martin the vote on the first reading of this ordinance held on
December 19, 1995, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Vice Mayor Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum Absent
After Motion by Councilman Hays and Second by Councilman
Hatfield, the vote on the second reading of this ordinance was as
follows:
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Mayor Jack H. Hayman, Sr. AYE
Councilman Danny E. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 8th day of January, 1996.
CITY COUNCIL OF THE
CITY OF EDGENATER, FLORIDA
By:
aok H. Ra_yq�4d, Sr. IF
ayor U
D FOR FORM
AND CORRECTNESS:
Eri*Aa A. Sf'bfey
City Attorney
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