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Home My WebLink AboutOrdinance 300 Distribution of Circulars 9/11/84 ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GOVERNING THE DISTRIBUTION OF CIRCULARS, HANDBILLS, NEWSPAPERS, MAGAZINES, OTHER PAPERS AND MERCHANDISE ON RESIDENTIAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR THE AMENDMENT OF SECTIONS 7-l(a) AND 13-9(1) OF THE CITY CODE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the public health, safety and welfare of the citizens of the City of Winter Springs, Florida, warrants the reasonable regulation of the distribution of circulars, handbills, newspapers, magazines, other papers and merchandise, on residential property; NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - Residential property. That the practice of distributing, casting, throwing, and otherwise placing circu- lars, handbills, newspapers, magazines, other papers or merchan- dise, on private residential property without the express con- sent of owner, or of an adult occupant, thereof, or of a person authorized by such owner or occupant to give such consent, creates a serious police problem and a threat to the public safety and welfare in that the owners and occupants of such property are unaware that such material is going to be thrown or placed thereon and are therefore unable to make proper, or any, provision to prevent the throwing or placing of such material thereon with the result that, without their prior know- ledge or any consent and against their wishes, such property will be cluttered with an accumulation of such material, and their absence will be thereby inadvertently advertised to persons of dissolute or criminal propensities and the proba- bility of criminal activities on such property will be thereby increased, all of which is detrimental to the peace, safety and welfare of the public. SECTION II - Vehicles and public places. That the practice of distributing and depositing, placing, throwing, scattering and casting such material in or upon motor vehicles and in and upon the public streets and in public places except to persons who are willing to receive the same, creates a serious police problem and a threat to the public safety in that such material is permitted to fall, and is thrown, upon parking areas, and public streets, public areas and is blown about and accumu- lates as trash and creates fire hazards and an unsightly con- dition and requires extra expense to remove such trash. SECTION III - Aiding and abetting. That practice of causing and permitting the practices outlined in Sections I and II of this Ordinance by employees, agents and contractors creates serious problems and threats to the public safety and welfare in that such causing and permitting of the said practices provides the inducement and consideration for the continuance thereof and constitute the source thereof. SECTION IV - Need of law. That the public interest, convenience and necessity require the removal of, and this chapter is enacted to remove, said police problems and threats to the public health, safety and welfare and require the pro- tection of, and this chapter is enacted to protect, the people against the nuisance of, and incident to, the promiscuous dis- tribution of circulars, handbills, newspapers, magazines, circu- lars and merchandise on private residential property, on vehicles and in public places. SECTION V - Residential property. It shall be un- lawful for any person to distribute, cast, throw, or otherwise place any circular handbill, newspaper, magazine, pamphlet, circular, dodger or any other paper or merchandise on any residential property in the city unless such material is placed in an appropriate receptacle or hand delivered to the owner, or an adult occupant, thereof, or of a person authorized by such owner or occupant to receive such materials. It is specifically declared to be unlawful to distribute, throw or otherwise place any of the aforedetailed materials on any lawn, deleted driveway, doorframe, sidewalk or other property not specifically 9/25/84 designed in the receipt of such materials without the express consent of the owner. It shall also be considered illegal littering to cause or allow by delegation an agent to cause or allow, the distribution of unsolicited advertising or news- print by dispersing such material on the sidewalks, driveways, or streets of private or public property, unless such material is distributed at the door or threshhold of the residence or addressee for which it is intended or unless the resident at such property has indicated a willingness to accept such material by providing an appropriately marked receptacle or unless the resident has placed a notice at or near the front of his residence indicating that such material may be placed on the driveway. Such notice shall be a permanent sign not larger than 6" x 12" with the words, "unsolicited advertising", or any equivalent wording clearly indicating the acceptance of delivery in this manner. It shall be the responsibility of the distributor or his agent to clearly determine the acceptance of delivery other than at the doorstep or in a receptacle by veryifing that a posted notice by the resident is in place. SECTION VI - Vehicles and public places. It is un- lawful for any person to distribute, cast, place, or scatter any newspaper, magazine, handbill, 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. SECTION VII - Aiding and abetting prohibited. It is unlawful for any person to enter into any conspiracy or into any employment or other contract 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. SECTION VIII - Exemptions: The provisions of this Ordinance shall not apply to the distribution of newspapers or current magazines regularly sold by the copy or by sub- scription or the distribution of mail by the United States Government or to any lien, foreclosure, court of governmental notices or process. SECTION IX - Variances: The Commission may, by written resolution, grant variances from any of the provisions of this section and may thereby permit the distribution of circulars, handbills, newspapers, magazines, other papers and merchandise, upon such terms and conditions as City Com- mission may impose, 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 therefore 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 responsible 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 individual or organization proposing the distribution, of items not re- by the property owner within a reasonable period of time following the distribution. (8) The likelihood, or lack thereof of the distri- bution constituting a real and present danger to the public health, welfare and safety. SECTION X - This Ordinance is intended to amend Sections 7-l(a) and 13-9(1) of the Code of Winter Springs, Florida immediately upon adoption. Passed and Adopted this 25th day of Sept., 1984. CITY OF WINTER SPRINGS By: JOHN V. TORCASO ATTEST: Mary T. Norton CITY CLERK FIRST READING 7/24/84 Posted 8/2/84 Second Reading & Public Hearing 8/28/84 (tabled) 9/25/84 " WINTER SPRINGS. FLORIDA ZIP CODE 32708 TE LEPHONE (305) 327-1800 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GOVERNING THE DISTRIBUTION OF CIRCULARS, HANDBILLS, NEWSPAPERS, MAGAZINES, OTHER PAPERS AND MERCHANDISE ON RESIDENTIAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on August 28, 1984 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 2nd day of August , 19 84. CITY OF WINTER SPRINGS, FLORIDA '/n.wtLl r: /4-~ Mary T. Norton, City Clerk The Orlando Sentinel Pubtr.hed Daily ~tamoDte SpriDp, Seminole County, Flonda ADVERTISING CHARGE $21,75 ~tate Ilf 'lIlrtba} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared Hptty Lutn!'!Y Sworn to and subscribed before me this 1 L. rp day CITY OF WINTER SPRINGS, FLORIDA NOTICI! OF PUBLIC HEARING NOTICE 18 hereby given by the C' Sprico~lsslon of the City of Wint~ ngs, Florkla, that said Commission will hOlcl a publIc hearinrbn en 0<<1' nence enlit/ed as follows: . I- AN ORDINANCE OF THE CiTY OF WlNTER SPRINGS;FLORIDA. RE- PEALING SECTION 8-2 OF THE CODE..OF ORDINANCES EI'jTI- TlED RUMMAGE SALES'" PRO- VIDING FOR THE ADOPTION OF A NEW SECTION 8-2' REOUIR ING A PERMIT. PAYMENT OF ;. FEE, REMOVAL OF SIGNS PROMPTLY; LIMITING NUMBER OF RUMMAGE SALES PER YEAR; PROVIDING FOR SEVER- ABILITY, CONFLICTS AND EF FECTIVE DATE. . - This Public Hearing will be held at 1:30 p.m. on August 28 Hl84 or as soon ~heraafter as possible' in the CommISSIon Chamber, City Hall. 400 ~IOr~:agemon Ave., Winter Springs, Copies of, the proposed ordinance are available In. the office 01 tha City CIeri< lor InspectIon. Interested parties m aJlP84r at this hearing and be hltar' ~~i~a:::,pect to this proposed Please be advised that. U"nder State Law. II you decide to appeal a deci- Sion ":lade with respect to this matter i you will need a reco<<I 01 the proceed:' lOgs a.nd may need to ensure that a verbatIm record is made. Dated this 2nd day of August. 1984 CITY OF WINTER 'SPRINGS FLORIDA ' / stMary T, Norton ~rry cTe:.;'Orton. L$-387(~) AUl!,!2.1984 I , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement,beingA Nor;rp of pllhl;r "Hp::lr;ng Rummage Sales in the matter of in the Court, was published in said newspaper in the issues of 1\.1Ig _ 12 > 198/, Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that hel she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ",(5" ZZj Y1/~-'~ of Aug. A.D.,19 84 ~ Public, State of FlorIda at ~ Public My Commission Expires July 13, 1985 Bonded by American Fire & Casualty Co, FORM NO. AD-2M