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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-0061 Temp. Ord. #1846 02/25/99 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- dip AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 12, "LICENSES AND BUSINESS REGULATIONS", ARTICLE X, "PEDDLERS, SOLICITORS, CANVASSERS, ITINERANT VENDORS", BY CREATING SECTION 12-278, "PROHIBITION OF SOLICITATION BY MINORS; DEFINITIONS; PENALTIES"; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.2045, Florida Statutes, prohibits pedestrians from obstructing the free and safe movement of vehicular traffic; and WHEREAS, Section 337.406, Florida Statutes, prohibits the use of public places or rights -of -way for solicitation or sale in such a manner as will endanger the health, safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian movement within travel lanes, sudden stoppage or slow down of traffic, rapid lane changing and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities; and WHEREAS, solicitation by minors on public rights -of -way is an unsafe activity that poses a danger to the minors as well as motorists; and CODING: Words in GtFUGk thF9U type are deletions from existing law; Words in underscored type are additions. 2 Temp. Ord. #1846 02/25/99 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that solicitation by minors be prohibited upon City rights -of -way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: That Chapter 12, Article X, Section 12-278 of the Code of the City of Tamarac is hereby created to read as follows: Section 12-278. Prohibition of Solicitation by Minors-- definitions, penalties. (a) Definitions: (1) Soliciting shall mean and include any one (1) or more of the following activities: a. Seeking to obtain orders for the purchase of goods, wares merchandise, foodstuffs, services of any kind character or description whatever for any kind of consideration whatever; or CODING: Words in OFUGk thFeugh type are deletions from existing law; Words in underscored type are additions. 3 Temp. Ord. #1846 02/25/99 b. Seeking to obtain prospective customers for application or purchase of insurance of any type,_ kind or publication-, or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other.type or kind of publication: or d.^_ Seeking to obtain gifts or contributions of moneys clothing or any other valuable thing for the support or benefit of any charitable or nonprofit„ association, organization, corporation or project. (2) Minors shall mean any natural person who has not attained the age of eighteen (18) years. (3) Rights -of -Way shall mean land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage facility, access or ingress and egress by the public, certain designated individuals or governing bodies. (b) Solicitation prohibited. (1) It is hereby deemed unlawful for any minor person to go upon the public rights -of -way of the City of Tamarac for the purpose of soliciting. CODING: Words in strurok type are deletions from existing law; Words in underscored type are additions. 4 Temp. Ord. #1846 02/25/99 (2) It is hereby deemed unlawful for .an1r parent, guardian, custodian corl2oration, or any other form of business entity to request, supervise or direct a minor to go upon the public rights -of -way for the purpose of soliciting (c) Penalties. Any violator of the provisions of this section shall, upon conviction thereof, be subiect to a fine of not less than twenty-five dollars ($25.00) and nor more _than five hundred dollars ( 500.00)_for each offense. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without CODING: Words in StF Gk thFough type are deletions from existing law; Words in underscored type are additions. 1 �J III 5 Temp. Ord. #1846 02/25/99 the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this c�41d day of �'���-- , 1999. PASSED, SECOND READING this /�Aday of , 1999. SCHREIBER AYOR ATTEST: A, -�' �e — CAROL GOL CITY CLERK I HFzl3EBY CERTIFY that I av a proved this ORD NNC0 as IQ form, MIT(�AELL S. KRj CITY ATTORNEY RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTA O] DIST 4: COMM. ROBERTS CODING: Words in StFUGk thFeU type are deletions from existing law; Words in underscored type are additions.