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HomeMy WebLinkAbout2000 08 14 Informational A Prohibiting Printed Material on Vehicles I ' COMMISSION AGENDA ITEM A Consent Informational X Public Hearing Regular August 14. 2000 Meeting Mgr. 1 Authorizati REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission consider information regarding regulation prohibiting distribution of printed material on vehicles. PURPOSE: The purpose of this agenda item is to request the City Commission consider information regarding regulation prohibiting distribution of printed material on vehicles. APPLICABLE LAW AND PUBLIC POLICY: Under Section 16-28, City Code, it is unlawful for anyone to distribute printed material on or in any vehicle, or on any public property, or on any parking lot open to the public except by handing to a person who accepts the same. STAFF RECOMMENDATION: Staff recommends the City Commission consider the current regulation. Staff feels the current regulation is adequate to prohibit distribution of printed material on vehicles. ATTACHMENTS: A. Section16-28, City Code COMMISSION ACTION: .. ~ 16-27 WINTER SPRINGS CODE resident at such property has indicated a willing- ness to accept such material by providing an ap- propriately marked receptacle or unless the resi- dent has placed a notice at or near the front of his residence indicating ~hat such material may be placed on the driveway. Such notice shall be a permanent sign not larger than six (6) inches by twelve (12) inches with the words, "unsolicited advertising," or any equivalent wording clearly indicating the acceptance of delivery in this manner. (d) It shall be the responsibility of the distribu- tor or his agent to clearly determine the accep- tance of delivery other than at the doorstep or in a receptacle by verifying that a posted notice by the resident is in place. (Code 1974, ~ 2.5-12) Sec. 16-28. Distribution on or in vehicles and public places prohibited. It is unlawful for any person to distribute, cast, place, or scatter any newspaper, magazine, hand- bill, pamphlet, circular, dodger, announcement, or any other paper on or in any vehicle or on any public property, or on any parking lot open to the use of the public, in any manner other than by the delivery thereof to a person who then and there accepts the same or has given his express consent to the receipt thereof. (Code 1974, ~ 2.5-13) Sec. 16-29. Aiding and abetting prohibited. It is unlawful for any person to enter into any conspiracy or into any employment or other con- tract which involves or promotes the performance of any act prohibited or declared unlawful by this section or that can reasonably be anticipated to result in the performance of any such act. (Code 1974, ~ 2.5-14) Sec. 16-30. Exemptions from article provisions. The provisions of this article shall not apply to the distribution of newspapers or current maga- zines regularly sold by the copy or by subscrip- tion or the distribution of mail by the United States Government or to any lien, foreclosure, court or governmental notices or process. (Code 1974, ~ 2.5-15) Sec. 16-31. Granting of variances. The city commission may, by written resolu- tion, grant variances from any of the provisions of this section and may thereby permit the distri- bution of circulars, handbills, newspapers, maga- zines, other papers and merchandise, upon such - terms and conditions as city commission may im- pose, after due consideration of the following: (1) The nature, scope, purpose and method of distribution; . (2) The extent of the distribution, both as to time required therefor and area to be covered; (3) The character and reputation of the person or individual or organization proposing the distribution; (4) The identity, character and reputation of the person or persons who will be responsi- ble for the conduct of the distribution; (5) The date or dates on or between which the distribution is to be accomplished; (6) The approximate number of individuals who will be engaged in the distribution; (7) The provision for removal, by the individ- ual or organization proposing the distribu- tion, of items not removed by the property owner within a reasonable period of time following the distribution; (8) The likelihood, or lack thereof of the dis- tribution constituting a real and present danger to the public health, welfare and safety. (Code 1974, ~ 2.5-16) Sees. 16-32-16-50. Reserved. ARTICLE III. SIGNS. DIVISION 1. GENERALLY Sec. 16-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- .State law reference-Sign ordinances, F.S. ~~ 166.0425, 479.155. 956 ~~-'" .. ./ .( {' ~ ( __to C) C. ,( '"