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HomeMy WebLinkAboutOrdinance_25-13_09/12/2013 ORDINANCE NO. 25-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 58. PEDDLERS AND SOLICITORS, BY REPEALING THIS CHAPTER IN ITS ENTIRETY AND READOPTING IT TO PROVIDE COMPREHENSIVE DEFINITIONS, POLICIES AND PROCEDURES FOR ALL PEDDLING AND SOLICITING ACTIVITY IN THE VILLAGE; TO PROVIDE FOR APPLICATION AND FEES; AND TO PROVIDE A PURPOSE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 58. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 58. Peddlers and Solicitors, by repealing this chapter in its entirety and readopting it to provide comprehensive definitions, policies and procedures for all peddling and soliciting activity in the village; to provide for application and fees; and to provide a purpose; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its peddler and solicitor ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 58. Peddlers and Solicitors. of the Code of Ordinances of the Village of Tequesta is hereby repealed in its entirety and readopted to provide comprehensive definitions, policies and procedures for all peddling and soliciting activity in the village; to provide for application and fees; and to provide a purpose; providing that Chapter 58 shall hereafter read as follows: Chapter 58 PEDDLERS AND SOLICITORS Sec. 58 -1. - Purpose. Sec. 58 -2. - Definitions. 1 Sec. 58 -3. - License required. Sec. 58 -4. - License, application. Sec. 58 -5. - Investigation of applicant. Sec. 58-6. - Denial of license. Sec. 58 -7. - Right of appal. Sec. 58 -8. - License fees. Sec. 58 -9. - Term of license. Sec. 58 -1. - Purpose. It is the purpose of the village, in enacting and enforcing chapter 58, peddlers and solicitors, to regulate commercial activities within the village, and to protect the citizens of the city from exposure to fraud and related crimes. See. 58 -2. - Definitions. The word "peddler" or "solicitor" as used in this chapter shall mean any individual, whether a resident of the village or not, traveling either by foot or motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, distributing commercial advertising material, selling or taking or attempting to take orders for sales of goods, wares, merchandise, or personal property, or soliciting charitable contributions within the village. Sec. 58 -3. - License required. It shall be unlawful for any peddler or solicitor to engage in such activity within the village without first obtaining a license therefor, in compliance with the provisions of this chapter. Sec. 58 -4. - License application. Applicants for a license under this chapter shall file with the chief of police an application upon the form prescribed by the chief of police, which shall include the following information: (a) Name and address of applicant. (b) Purpose of activity of applicant. (c) Method and dates of peddling or solicitation. (d) If applicant is incorporated, the name and address of officers, directors and resident agent. (e) Name, address and telephone number of local agent or representative. Sec. 58 -5. - Investigation of applicant. Upon receipt of an application for a license under this chapter by the chief of police, the original thereof shall be referred to the appropriate department for investigation of the applicant's business practices and reputation for the protection of the public good. Sec. 58 -6. - Denial of license. If, as a result of the investigation required by the preceding section, the applicant's business practices and reputation are found to be unsatisfactory, the chief of police shall 2 notify the applicant that his application is disapproved and that no license will be issued. The reasons for the denial shall be set forth on the denial form. Sec. 58 -7. - Right of appeal. Any applicant, whose application is disapproved, shall have a right to file an appeal from such disapproval with the city clerk within 30 days of the denial of said application. The appeal shall be heard by the village council sitting in special session. Sec. 58 -8. - License fees. A license fee shall be charged by the city for any license issued under this chapter for each person. Said fee shall be set by resolution of the village council and may be amended from time to time as deemed necessary by the city council. Sec. 58 -9. - Term of license. A license shall be valid for a period of 30 days. Section 2: Each and every other Section and Subsection of Chapter 58. Peddlers and Solicitors. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 3 Upon Second Reading this 12 day of September 2013, the foregoing Ordinance was offered by Council Member D'Ambra who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of September 2013. MAYOR OF TEQUESTA Abigail rennan ATTEST: Lori McWilliams, MMC Village Clerk p . sr o9"9�l /77. :m .,� ay 4