HomeMy WebLinkAboutOrdinance 2002-24 Permit Requirements
ORDINANCE NO. 2002-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 10-136 OF THE CITY CODE OF ORDINANCES,
EXEMPTING NON-COMMERCIAL ACTIVITY FROM
PERMIT REQUIREMENTS; ESTABLISHING
REQUIREMENTS FOR THE GRANT, DENIAL AND
REVOCATION OF PERMITS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission desires to continue to protect its citizens against
fraudulent and criminal activity associated with door-to-door commercial solicitation for services,
goods, wares, and funds in residential, business and industrial areas throughout the City, through
enforcement ofthe City's registration and identification regulations, but acknowledges that the recent
United States Supreme Court decision in Watchtower Bible Tract Society of New York, Inc. v.
Village of Stratton, 122 S.Ct. 2080 (2002) now prohibits the City from requiring a solicitor to obtain
a permit, including registration and identification requirements, to conduct non-commercial, door-to-
door solicitations, such as but not limited to political and religious canvassing, and the distribution
of handbills, pamphlets and other materials; and
WHEREAS, the City Code currently requires any transient or itinerant solicitor to first
obtain a written permit from the city manager and comply with registration and identification
requirements in order to solicit any matter to its citizens and creates a violation ofthe City Code for
failure to obtain such permit prior to conducting such activities; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
ordinance to be consistent with the ruling of the United States Supreme Court in Watchtower Bible
and in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
City of Winter Springs
Ordinance No. 2002-24
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NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
reference as legislative findings of the City Commission of the City of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code, Section 10-136 is
hereby amended as follows (underlined type indicates additions and type indicates
deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter
10. It is intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 10. License and Business Regulations
* * *
Article V. Peddlers and Solicitors and Miscellaneous Sales
Sec. 10-136. Transient or itinerant solicitors; permit required; prerequisite to issuance.
(a) It shall be unlawful for any transient or itinerant solicitor to solicit orders for goods, wares,
merchandise, newspapers, magazines, periodicals or any other matter having a commercial business
purpose, whether for profit or not, including the solicitation of funds, without first obtaining a
written permit from the city manager. Specifically excluded from this regulation are all non-
commercial solicitations including, but not limited to, political or religious canvassing, or
distribution of handbills and pamphlets, or other non-commercial materials.
(b) The city manager is hereby authorized to issue a permit required by (a) above to any person
upon completion and
submittal of an application accompanied by a fee of one hundred ($100.00) dollars and providing
for the following information:
L Name, address, and date of birth of applicant.
2. Photographic identification of applicant (valid driver license or state-issued
identification card).
1. Valid state and/or local occupational license or work permit issued to conduct
commercial or business solicitations or the solicitation for funds, if applicable.
4. Documentation reflecting that solicitation is to be performed on behalf of an active,
bona fide company, corporation, group, or foundation which may include, but not be limited
City of Winter Springs
Ordinance No. 2002-24
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to articles of incorporation, certified letter containing corporate seal. or business registration
with the State of Florida.
5. Name, address, and date of birth for each person seeking to conduct solicitation
activities under the application.
6. Name and address of business on whose behalf the solicitation is to be conducted.
7. Time period and location in which the solicitation is to occur.
(c) The city manager shall deny or revoke the issuance of a permit for anyone or more of the
following reasons under this section if the applicant:
1. Fails to provide the information required under subsection (b) above; or
2. Provides false or misleading information in the application; or
3. Fails to maintain applicable state and/or local occupational licensee s) or their
equivalent to conduct solicitations during the term of the solicitation permit issued under
subsection (b) above; or
4. Has been convicted, whether formal adiudication or not, of a violation of state or
local law, relating to theft, burglary or fraud-related crimes as set forth under Chapters 812-
817, Florida Statutes, or any person intending to conduct solicitations under the application;
or
5. Conducts solicitation in such a manner as to constitute a trespass upon private
property; or
6. Ceases to possess the qualifications required under this subsection for the original
registration; or
7. Within the previous seven (7) years, has violated subsection (c)(2), (3), (4) or (5)
above.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
City of Winter Springs
Ordinance No. 2002-24
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of October ,2003.
JOHN F. BUSH
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: August 26, 2002
Second Reading: October 13, 2003
Effective Date: See Section 6.
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