2016-O-22 ORDINANCE NO.2016-0-22
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, MODIFYING CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS) BY
AMENDING ARTICLE IV (PEDDLERS, SOLICITORS,
CANVASSERS AND ITINERANT MERCHANTS) OF THE
CODE OF ORDINANCES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 11 (Business Tax Receipts and Business Regulations) has been amended
from time to time for consistency with current state laws and codes.
2. Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchants) has not been
updated since 2011.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. MODIFY CHAPTER 11 (BUSINESS TAX RECEIPTS AND
BUSINESS REGULATIONS) BY AMENDING ARTICLE IV
(PEDDLERS, SOLICITORS, CANVASSERS AND
ITINERANT MERCHANTS) OF THE CODE OF
ORDINANCES FOR THE CITY OF EDGEWATER,
FLORIDA.
Chapter 11 (Business Tax Receipts and Business Regulations), Article IV
(Peddlers, Solicitors, Canvassers and Itinerant Merchants) Code of Ordinances,
City of Edgewater, Florida is hereby amended as set forth in Exhibit "A", which
is attached hereto and incorporated herein.
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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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.
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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 re-lettered to
accomplish such intention.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington, with Second by
Councilwoman Power, the vote on the first reading of this ordinance held on March 7, 2016, was as
follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by C-0l..nc CO(...01 ct,- �"�S LE r'�' , with
Second by ,-,Li,ca /44_9e).,, ge-,1 4;,, , the vote on the second
reading/public hearing of this ordinance held on April 4, 2016, was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi ✓'
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 4th day of April, 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER LORIDA
By. '4111i 411P
Mitch Honaker Mike Ignasia
Deputy City Clerk Mayor
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 4th day of
legality by: Aaron R. Wolfe, Esquire April, 2016 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT "A"
Chapter 11
BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS
ARTICLE IV
(PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT MERCHANTS)
Sec. 11-61.- Legislative findings and ink is tile pm-pose of tile eity to assist in the neeomplishment 0i'die tent.
co .
(1) n , .,,tip,,, a,d/ei. i-edtieflon ol',,yimes.;
i
1 `i"hC city Council fords that panhandling may be startling, annoying, disturbing. and
disruptivC to residents and businesses and may contribute to disorder and to the loss_ol'
eniament ol'public places.
2. The city council finds aggressive panhandling such as by detaining. impeding .or
Unwanted touching or intimidation which causes fear or apprehension in another person
constitutes a threat to theIniblic health, safety, and welfare ol'the citizens of the city.
3 The city council rinds that panhandling may interfere with the saf=e access of pedestrian
and vehicular traffic into public areas public buildings and public transportation which would
thereby Constitute a threat to public health, safety mid_wel-fare.
41 The city council finds that the presence of panhandlers in places that are difficult to
avoid where citizens typically find it nccessary to wait, or are confined areas. can enhance the
fear_of crime.
5 This article is intended to prevent and/or reduce the threat of'crimes. to provide a safe and
pleasant environment within the city and to eliminate public nuisances within the city.-
6 This article is intended to protect the privacy and peacCful eniovment of citizens' homes
and businesses and to provide residents with int'ormation helpful to determine their response to
solicitors.
7 `l'Itis article is intended to protect Citizens from the amtovance, disruption. and
intimidation associated with certain kinds of solicitation_and is not intended to limit
constitutionally protected activity.
Sec. 11-62.- Definitions.
As used in this article, the following definitions shall apply:
Auai-essive panhandling means:
(a) To approach or speak to a person while panhandling in such a manner as would cause a
reasonable person to believe that the person is being threatened with:
(1)Inuninent bodily iniurv: or
(2) The commission of a criminal act upon the person or another person. or upon
property in the person's immediate possession.
(b) To persist in panhandling after the person solicited has uiven a negative response:
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(C To block either- individually or as part Of a ,roup oi'persons. the passm,c of a solicited
person:
(d) To touch a solicited person: or
(e) To en<(zaae in conduct that WOUld reasonably be construed as intended to intimidate.
Compel. or force a solicited person to accede to demands.
Canvasser or solicitor means any individual, whether a resident of the city or not,
traveling either by foot, vehicle or other conveyance from place to place taking or attempting to
take orders for the sale of goods, wares and merchandise or personal property of any nature
whatsoever for future delivery, or for services to be furnished or performed in the future. The
canvasser or solicitor may carry or expose for sale a sample of the subject of such sale, or may
collect advance payment on such sales and may be considered any person who for himself or for
another person hires, leases, uses or occupies any building, structure, car, room, shop or any
other place within the city for the sole purpose of exhibiting samples and taking orders for future
delivery. 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.
Itinerant merchant or itinerant vendor means any person, firm, organization, corporation,
or other entity whether its owner, agent, consignee or employee, whether a resident of the city or
not, who engages in the stationary, temporary (not to exceed three months) business of selling
and delivering goods, wares and merchandise, i.e. holiday tree sales and pumpkin sales during
the fall season, within the city for the exhibition and sale of such wares or merchandise. The term
"itinerant merchant" also includes a business operator, on said operator's own property, when
said operator conducts activities in open spaces outside of an enclosed structure, including, but
not limited to, approved activities, the sale or display of goods and/or services not part of the
normal business activities of that operator but encompassed by said city local business tax
receipt. Persons, firms or corporations so engaged shall not be relieved from complying with
provisions herein by reason of temporary association with or sponsorship by any local dealer,
trade, merchant or auctioneer, or by conducting such itinerant business with, as a part of, or in
the name of any local licensee. Notwithstanding anything to the contrary herein, the term
"itinerant merchant" shall also include business operators who conduct activities within enclosed
structures at flea markets operating during recognized events on days flea markets are not
normally operated with appropriate city approvals. Vendors registered by approved special
activity permits are excluded from this provision.
Pa»hnndlirltr means any solicitation mule in person which. directly or indirectly.
requests an immediate donation of monev. employment. credit. IImmelal assistance, propertv or
other thin-, of value.
I ,-Iieeiiio* I r.i1 , . a. . t 011 r,-.,
et- Except as specifically provided for in this Article. panhandling does not include
passively stand'mu or srttim—, with a sl«n or other Indication that a donation is betn-, SOnflht. bUt
wlthOUt ally vocal I'eCILIeSt Other than In response to an 111ClUlry by another person.
Peddler means any person, whether a resident of the city or not, traveling by foot,
vehicle, or any other type of conveyance from place to place carrying or transporting goods,
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wares and merchandise; offering and exposing the same for sale or making sales and delivering
articles purchased; or who, without traveling from place to place, shall sell or offer the same for
sale from his or her person, or from any vehicle or conveyance.
Resident of the city means any person with a mailing or street address located within the city,
including temporary visitors, renters or boarders.
&zht-of-rrcn, means land dedicated deeded. used or to be used for a street. alley.
walkway boulevard drainage facility access for ingress and egress. utilities or other purpose by
the public certain designated individuals. or governing bodies.
.r tF el
Roachi,av means public or private roads falling into one of several categories. more
particularly defined as follows:
Expressii,av means a limited access facility of four (4) or more lanes designed
primarily for the high-speed movement of traffic.
Arterial means a facility of two (2) or more lanes designed primarily to serve as a
major access route to expressways and/or as a connector of subregions. intercounty and
inter-city vehicular movement The main function is to move large volumes of vehicles
(greater than 6.000 Average Daily Trips (ADT's).
C'olleclor means roads of two (2) or more lanes designed primarily for traffic
movement within and between residential neighborhoods, commercial and industrial
areas and all other roads.
Cul-de-sac means a minor street with only one (1) outlet terminating at one (1)
end with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trams are normally less than 1000 vehicles.
Marginal Access means roads which are parallel to and adiacent to arterial streets
and highways and which provide access to abutting properties and protection from
through traffic.
Private means any street that has not been dedicated for public use.
Public means anv street designed to serve more than one (1) property owner
which is dedicated to the public use and accepted for ownership and maintenance by the
Citv Council or other regulatory public body lmd includes any street right-of way
dedicated to the public prior to or at the time of. adoption of this Code.
Solicit, solicitation or soliciting 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 a, a coiarrhution or donation \�tietncr or not sucn c«ntrrbutron or conation to
receipt oI ally good, nlerenanalse or sery ice or airy simgt it eNcn mge of sometnlrng 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.
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Structure means any object constructed or installed by a person having a permanent
location on the ground.
V ellle11I(11. 1)U17h(11 dlil1(-T 111cans al1V activity whlcll 1s c011ducted 111 the fUrtherallce Of
obtallllll-, molleV' elllplo\'lllelit or my Otlier thin« of value 11'0111 all OCCUpal1t of a 11101Or yeI11CIC.
most commonly accomplished bv -,ivin-, a hard-IIICk story, h0ldin14 out a cap. bucket. or other
container for receipt of nlonev or other donation or displavin<g a sign asl;inz directly or indirectly
Cor nlonev or donations when such actiyity/activities resUlt(s) in the panhandler approachin-g a
motor vehicle beim-, operated on a roadway to collect or receive the mOnev Or other thing of
value.
Sec. 11-63.-Registration—Required.
(a) Except as otherwise provided in section 11 7 1 1-76, it shall be unlawful for any person
18 years of age or older to engage in soliciting. panhandle 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, panhandle 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.
(e) For solicitation, the 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.
See. 11-64.- Same Application for soliciting, peddling and canvassing.
(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, a registration form furnished by the city which shall require the
following information:
(1) Name, 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.
(3) The make, model and license number of any vehicles to be used by applicant.
(4) The place where the applicant may be contacted for at least seven days after
leaving the city.
(5) Name, address and telephone number of the person or organization the applicant
represents or is employed by, (if applicable).
(6) Name and title of an officer of such organization who can verify the authority of
the applicant to represent the organization.
(7) The name of three previous cities where applicant (or the organization
represented)conducted similar solicitations or itinerant merchandising sales (if applicable).
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(8) A statement of any convictions, nolo contendere pleas, or forfeitures for violating
any 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 furnish 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 city clerk and the
other shall be attached to and made part of the permit.
(10) The applicant shall provide a set of fingerprints 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 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;
(12) The nature of the solicitations to be conducted and a brief description of any good
or services offered.
(13) The proposed method of delivery of goods or services, if applicable.
(14) The length of time solicitation is to be conducted in the city.
(15) 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.
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.
(3) A valid home solicitation sales permit from the cledl of court as required by F.S.
501.022. unless excluded by F.S. 501.022(b). as amended.
Sec. 11-65. - Same—Application for itinerant merchant/itinerant vendor.
(a) Form. Applicants for registration shall complete and return to the city clerk, not fewer
than 14 working days in advance of the date upon which the applicant wishes to commence
itinerant merchant sales/activities, a registration form furnished by the city which shall require
the following information:
(1) Name, permanent address and telephone number, and temporary address and
telephone number;
(2) The place where the applicant may be contacted for at least seven days after
leaving the city;
(3) Name, address and telephone number of the person or organization the applicant
represents or is employed by(if applicable);
(4) Name and title of an officer of such organization who can verify the authority of
the applicant to represent the organization;
(5) The name of three previous cities where applicant (or the organization
represented)conducted similar itinerant merchandising sales (if applicable);
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(6) A statement of any convictions, nolo contendere pleas, or forfeitures for violating
any 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;
(7) A statement as to whether or not the applicant (and/or represented organization, if
applicable),has:
a. Engaged in 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;
(8) A brief description of goods or services offered;
(9) The proposed method of delivery of goods or services, if applicable;
(10) The length of time itinerant merchandising sales are to be conducted in the city;
(11) A statement that the registration does not represent and will not be used by the
applicant as an endorsement of the itinerant merchant's product, service or cause by the city;
(12) A notarized statement from the property owner authorizing applicant to conduct
itinerant merchant activities on the property. Statement shall also acknowledge that the property
owner recognizes that he/she will be responsible for any code violations on the property. Nothing
herein alters the city's ability to cite and lien the property owner pursuant to the authority in F.S.
ch. 162, if the 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.
Sec. 11-66. Same—Annlication for nanhandling.
I (a) Applicants for a panhandling permit shall 4t-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
panhandling within the city, a registration form furnished by the city requesting the following
information:
(1) Name. date of birth. permanent or temporary address and telephone number.
(2) A phN sical description of the applicant and anv other distinguishing physical
characteristics.
(3) The length of time panhandlimu is to be conducted in the city.
(4) A statement that the re�-istration does not represent and will not be used by the
applicant as an endorsement by the city. All statements made by the applicant upon the
application or in connection therewith. shall be under oath.
(b) Additional Information. Each panhandler applicant shall present to the city clerk for
examination:
(1) A driver's license or some other photo proof of identity proyidin; equivalent
inlorinatlOn:
(2)A notarized statement from the property owner authorizing the applicant to conduct
panhandling activates on private property.
See.4-�--6H-11-67.- Same Fee.
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At the time the application is submitted a fee shall be paid to the city clerk. The fee shall
be established by a resolution from the city council and subject to change accordingly. This fee is
not refundable if the registration is refused for any reason noted in section 11 67 11-68 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.
Any erson claiming to be legally exempt from the regulations set forth in Article IV. and/or
from the payment of the fee shall cite to the city clerk in writing the statute or other legal
authority under which exemption is claimed.
Sec.44-6-7-11-68.- Same 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 cause such review of the applicant's criminal background.
(b) The city clerk shall refuse to register the applicant if it is determined, pursuant to the
chief of police's review that:
(1) The application is incomplete or contains false data;
(2) 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. 1 1-
65 and 11-66.
(c) 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 eajmoo ep rate swithin the city for 60 days a thFee entl
pet-ied of fi e. Upon the receipt of a renewal application the city clerk may renew a registration
I time in a calendar year. 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.
(d) A permit is not transferable between solicitors,panhandler 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.
Sec.44-4,1 1-69.-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 mana,.2er by filing a written request with
the city manager within 30 days after the rendition of the decision by the city clerk. The-Fegtrest
Sec. 11 69 11-70. -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.
Sec. 1-1 70 1 1-71. -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.
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It shall be unlawful for any person to knowingly make any false or misleading
representation in the course of soliciting a donation. False or misleading representations include.
but are not limited to. the following:
(1) Statin(T that the donation is needed to meet a specific need when the solicitor already has
sufficient fiords to meet that need and does not disclose that fact:
(2) Stating that the donation is needed to meet a need which does not exist:
(3) Stating that the solicitor is from out of town and stranded. when such is not true:
(4) Wearing a military uniform or other indication of military service. when the solicitor is
neither a present nor former member of the service indicated.
(5) Wearing or displaying an indication of physical disability. when the solicitor does not
stiffer the disability indicated:
(6) Use of anv makeup or device to simulate anv deformity: or
(7) Stating that the solicitor is homeless. when he or she is not.
(8) it shall be unlawful for anv person to solicit a donation stating that the fiords are needed
for a specific purpose and then spend the funds received for a different purpose.
It shall be unlawful for any person to panhandle and no registration issued under this
Article shall be deemed to allow panhandling including passively standing or sittin�—) with a sign
or other indication that one is seeking donations when the person solicited is in. on. or at any of
the following locations:
1) On public property in the area more particularly described as city parks and recreational
areas such as recreational trails or at locations where the city is hosting or conducting an event:
2) Within 500 feet of a public school or daycare facility:
3) At any bus stop or any public transportation facility:
4) Inside or within 20 feet of any public restroom:
5) In any ublic transportation vehicle or facility:
6) In anv vehicle on the street:
7) Within 50 feet of the site of any automated teller machine (ATM).-
8)
ATM):8) On private property unless the panhandler has permission from the owner or occupant:
9) On anv of the following roadways or right-of-ways: �Outh let-side Dik,e. x
Qiy ,Ft; East Indian River Boulevard. West Indian River Boulevard. State Road 442.
South Ridgewood Avenue. North RidueNvood Avenue. State Road 5. U.S. Highwav 1. East Park
Avenue. W Park Avemie. and Interstate 95.
It shall be unlawful for any person to panhandle in any of the following manners:
(1) By blocking the path of the person solicited.
(2) By t� king profane or abusive language either during the solicitation or following a
refusal:
(3) By panhandling in a group of three or more persons: or
(4) By any statement gesture or other communication which a reasonable person in the
situation of the person solicited would perceive to be a threat.
(5) By aizgressivc panhandling as defined in Sec, 1 1=62,
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It shall be unlawful for anv person to panhandle ;;i' -between sunset and sunrise
Mondav throuih Saturdav at anv location within the corporate limits of the City of Edgewater.
Sec.44-,14-IL-72.- 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.
(7) To tail to+t&�-carry or displav a valid home solicitation sale permit from the county clerk
Of court as required by F.S. 501.022(8), as amended.
Sec.X211-7 .- 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 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.1-7- 11-7.1. - Itinerant merchant business regulations.
(a) The site shall have appropriate sanitary facilities available at the premises upon which
temporary business will be permitted.
(b) The proposed location will not result in unsafe ingress/egress for either pedestrians or
vehicles.
(c) The proposed location shall comply with the appropriate Florida Fire Prevention Codes.
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(d) The proposed location will direct on-site lighting away from adjacent parcels and
roadways.
(e) 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. 4 1 711 11-75.-Revocation.
Any certificate of registration may be revoked by the city clerk if the holder conducts
peddling, 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; has been convicted of a felony offense or first degree
misdemeanor; conducts peddling or solicitation or itinerant merchandising 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.44-7-55-Li-76.-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;
(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 of
nonprofit status
(8) Wholesale dealers conducting business with commercial or industrial businesses within
the city.
(9) l",inhandlim—, for less than 1 110nr Ill a single calendar vear.
Sec.14-4�-1 1-77.-Enforcement.
The provisions of this chapter shall be enforced by the city clerk, code enforcement division,
police department and fire department.
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See. 1 1 ;7 R e,ei-,ed
Sec. 11-78.-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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