HomeMy WebLinkAboutOrdinance No. 04-1993ORDINANCE NO. 04 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 723,
SPECIAL OCCUPATIONAL PERMITS; RENAMING CHAPTER 723,
SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS; PROVIDING
DEFINITIONS, REQUIRING PERMISSION TO ENTER PRIVATE
PREMISES; PROHIBITING HARASSMENT; REQUIRING SOLICITOR TO
LEAVE WHEN REQUESTED; PROHIBITING FRAUD, CHEATING AND
MISREPRESENTATION; REPORTING OF CONVICTIONS UNDER THIS
CHAPTER; REQUIRING A PERMIT; PRESCRIBING APPLICATION
PROCEDURES FOR PERMIT; PROVIDING FOR INVESTIGATION,
DENIAL OR ISSUANCE OF PERMIT; PROVIDING FOR REVOCATION OF
PERMIT; PROVIDING NOTICE OF HEARING; PROVIDING APPEALS TO
THE CITY COUNCIL; REQUIRING A BADGE FOR LICENSED
SOLICITORS; REQUIRING THE EXHIBITION OF PERMITS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Chapter 723, Special Occupational Permits, of the
City Code of Ordinances is hereby repealed in its entirety and re-
enacted as follows:
CHAPTER 723
SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS
Sec. 723.01. Definitions A "solicitor" "peddler"
"itinerant merchant ", "canvasser" or "hawker" shall be defined
as any person who goes from house to house or apartments in
the residential districts, or upon the streets in any
residential area of the City for the purpose of soliciting the
sale, barter, exchange, or orders for the sale of goods,
wares, merchandise or services, whether or not such person
carries goods, wares, or merchandise for such sale, barter,
exchange or order or whether or not such person is capable of
rendering the service offered. A solicitor, peddler, hawker,
or itinerant merchant shall be referred to as a "solicitor"
throughout this Chapter.
Sec. 723.03. Permission to Enter Premises Recuired It
shall be unlawful for any solicitor to enter upon any private
premises without permission or invitation from the occupant or
homeowner. The absence of permission or invitation must be
manifested by the occupant or homeowner by the posting of a
sign on the premises visible from a distance of ten (10) feet
from the front entrance of the premises.
Sec. 723.05. Harassment Prohibited No solicitor shall '..
vex, annoy, or harass any person by importuning such person to
purchase or look at his goods or wares or to witness a'..
demonstration of the solicitor's services.
Sec. 723.07. Solicitor to Leave When Requested It
shall be unlawful for any solicitor to refuse or fail to leave
any private premises in the City upon being so requested by
the owner, occupant or person in charge thereof.
Sec. 723.09. Fraud Any solicitor who commits any
fraud, cheating or misrepresentation, whether through himself
or any employee while acting as a solicitor in the City or who
shall sell, barter, exchange, or take orders for any goods,i
wares, merchandise, or service other than those specified in
his application for a permit, shall, upon conviction, be
guilty of a violation of this chapter.
City of Cape Canaveral, Florida
Ordinance No. 04 -93
Page 2
Sec. 723.11. Report of Violations The City Treasurer
shall maintain a record for each permit issued and record the
reports of any violations of this Chapter therein.
Sec. 723.13. Permit Required It shall be unlawful for
any solicitor to engage in business within the City without
first obtaining a permit therefor in compliance with the
provisions of this Chapter and the payment of the fee required
by Sec. 721.53 of the City Code of Ordinances.
Sec. 723.15. Permit Application Applicants for the
permit required by this Chapter must file with the City
Treasurer a sworn application in writing, in duplicate, on a
form to be furnished by the City Treasurer, which shall give
the following information:
(a) The applicant's true name and all aliases which
the applicant has used or under which the applicant may
have been known;
(b) A full and complete description of the
applicant's person and a copy of the person's driver's
license or official state identification card;
(c) A permanent home address and full local address
of the applicant;
(d) If employed, the name and address of the
employer, together with credentials establishing the
exact relationship;
(e) The length of time for which the right to do
business is desired;
(f) The place where the goods or property proposed
to be sold or orders taken for the sale thereof are
manufactured or produced, where such goods or products
are located at the time the application is filed and the
proposed method of delivery;
(g) The kind, character, and nature of every kind
of which the applicant has been convicted or to which the
applicant has plead guilty or nolo contenders and the
date and place of such conviction or plea;
(h) Two (2) identical prints of a photograph of the
applicant taken within the sixty (60) days immediately
prior to the date of filing of the application, which
shall be 2 inches by 2 inches, showing the head and
shoulders of the applicant, in a clear and distinguishing
manner.
Sec. 723.17. Investigation: Denial or Issuance of
Permit: Record
(a) The original application filed pursuant to this
Chapter shall be delivered to the City Manager who shall cause
such investigation of the applicant's business and moral
character to be made as he deems necessary for the protection
of the public good.
City of Cape Canaveral, Florida
Ordinance No. 04 -93
Page 3
(b) The City Manager shall approve the application
unless investigation of the person's application discloses
substantial competent evidence that conduct of the applicant's
business would pose a substantial threat to the public health,
safety, morals, or general welfare. The City Manager shall
disapprove the application for grounds which include, but are
not limited to the following:
(1) The person has been convicted of a crime of
moral turpitude or involving a breach of the peace;
(2) The person has made willful misstatements in
the application;
(3) The person has committed prior violations of
ordinances pertaining to solicitors (as herein defined);
(4) The person has committed prior fraudulent acts;
(5) The person has a record of continual breaches
of solicited contracts.
(c) If the City Manager approves the application he
shall endorse on the application form his approval, execute a
permit addressed to the applicant for the carrying on of the
business applied for, and return the permit along with the
application to the City Treasurer, who shall, upon the payment
of the prescribed fee, deliver the applicant his permit. The
permit shall contain the signature and seal of the issuing
officer and shall show the name, address and photograph of the
permittee, the class of permit issued, and the kind of goods
to be sold thereunder, the amount of the fee paid, the date of
issuance, and the length of time the same shall be operative,
as well as the license number and any other identifying .
description of any vehicle used in the business of the
permittee. The City Treasurer shall keep a permanent record
of all permits issued.
Sec. 723.19. Revocation of Permit Permits issued under
the provisions of this Chapter may be revoked by the City
Manager after notice of hearing, for any of the following
reasons:
(a) Fraud, misrepresentation or false statement
contained in the application for a permit;
(b) Fraud, misrepresentation or false statement
made in the course of carrying on the business as
solicitor;
(c) Any violation of this Chapter;
(d) Conviction of any crime or misdemeanor; or
(e) Conducting the business licensed in any
unlawful manner or in such a manner as to constitute a
breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
City of Cape Canaveral, Florida
Ordinance No. 04 -93
Page 4
Sec. 723.21. Notice of Hearing Notice of the hearing
for revocation of a permit issued pursuant to this Chapter
shall be given, in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such
notice shall be mailed in the United States mails, certified
mail, return receipt requested, postage prepaid to the
permittee at his last known address, at least ten (10) days
prior to the date set for the hearing.
Sec. 723.23. Appeals Any person aggrieved by the
action of the City Treasurer or City Manager in the denial of
a permit or the action of the City Manager of the revocation
of a permit shall have the right of appeal to the City
Council. Such appeal shall be taken by filing with the City
Council, within thirty (30) days after notice of the action
complained of has been mailed to such person's last known
local address, a written statement setting forth fully the
grounds for the appeal. The City Council shall set a time and
a place for a hearing on such appeal and notice of such
hearing shall be given to the applicant in the same manner as
provided in Sec. 723.21 for notice of hearing of revocation.
The decision and order of the city Council on such appeal
shall be final and conclusive.
Sec. 723.25. Badge Worn for Solicitors The City
Treasurer shall issue to each permittee under this Chapter at
the time of delivery of his permit a badge which shall contain
the words "Solicitor Permit ", the period for which the permit
is issued and the number of the permit, in letters and figures
easily discernible from a distance of ten (10) feet and shall
bear the photograph of the permittee. Such badge shall be
worn constantly by the permittee on the front of his outer
garment in such a way as to be conspicuous during the time
such permittee is engaged in soliciting.
Sec. 723.27. Exhibition of Permit on Reg est
Solicitors are required to exhibit their permits at the
request of any citizen of the City.
SECTION 2. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
City of Cape Canaveral, Florida
Ordinance No. 04 -93
Page 5
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 18th day of May , 1993.
ATTEST:
l , )CITY .
Faith G. Miller, CLERK
Approved astoForm:
John A. Kancilia, CITY ATTORNEY
cc: 5/20/93 - Deborah Haggerty, Finance;
Jim Morgan, Building;
Lt. McGee, Sheriff's Dept.;
Municipal Cade Corporation.
First Reading 5/8/93
POSted: 5/7/93
Advertised: 5/8/93
Socond Reading: 5/18/93
;;;M Y;; 'Q
J Co
Salamone, MAYOR
ATTEST:
l , )CITY .
Faith G. Miller, CLERK
Approved astoForm:
John A. Kancilia, CITY ATTORNEY
cc: 5/20/93 - Deborah Haggerty, Finance;
Jim Morgan, Building;
Lt. McGee, Sheriff's Dept.;
Municipal Cade Corporation.
First Reading 5/8/93
POSted: 5/7/93
Advertised: 5/8/93
Socond Reading: 5/18/93
;;;M Y;; 'Q
BREVARD COUNTY SHERIFF'S OFFICE
Titusville, Florida
MEMORANDUM
March 9. 1993
a: It is imperative that a Release of Information
Form be signed, witnessed and notarized for the
following:
Release of Information to the City and the
Brevard County Sheriff's Office freeing them of
all liability in obtaining any information as to
any felony, misdemeanor, traffic convictions,
against the applicant.
TO
Mr Bennett Boucher. City Manager. City of Cape
Canaveral and City Council Members of the City of
Cape Canaveral
FROM: Lieutenant George McGee, Canaveral Precinct
REF: Request for Background Checks on Solicitor
Permits, Etc.
Reference your Ordinance Number 04 -93 and concerning the
role of the Brevard County Sheriff's Office in the
background investigation and approval /disapproval of
Solicitor's Permits.
The Brevard County S-heriff's Office cannot be responsible
or accept any liability for the approval or disapproval of
the Solicitor's Permits dispersed by the City of Cape
Canaveral. This is strictly a Code Enforcement function
and the Code Enforcement Division should be the office of
the City to make their recommendations to the City Council
as to whether or not a Solicitor's Permit shall be issued
to an individual or a business. The City Council shall
then make a decision by vote as to whether or not to permit
a specific solicitor to operate within the jurisdiction of
the City of Cape Canaveral. Or, the Code Enforcement
person can be designated to make the final decision as to
whether or not to issue a permit.
Reference Chapter 723, "Solicitors, Peddlers, and Itinerant
Merchants." Section 723.11. Report of Convictions. and
Section 723.17 Investigation. Denial or Issuance of
Permit; Record. The following is suggested:
CLAUUF W. MFF_F_EF?, SHEFUF"F
Information of this nature is highly confidential State
law mandates that any information of this type must be
obtained through the Records Division of the Brevard County
Sheriff's Office. There is a small fee for copies of items
that would be charged to the City, and is charged at the
rate of approximately 15 cents per page to be made
available. Some information will be deleted that is not
applicable to the specific person who is being
investigated (i.e. the names of others named in the
particular case report).
There are records that have been sealed or expunged and
portions of a report, even though there is a "Freedom of
Information" Act cannot be released under any
circumstances i.e. juvenile offenses, reports of a sexual
nature involving rape, sexual molestations, investigations
that are currently open by any courts or departments of law
enforcement, (local agencies, the Brevard County Sheriff's
Department or other county agencies or out of state
agencies, FBI, CIA, INTERPOL (etc.)
Any information the Brevard County Sheriff's Office can
provide the City cannot be made public. Be advised that a
disgruntled solicitor may use the Freedom of Information
Act and request the Citv to provide, by law, the written
reasons why he was denied a permit. This could be rather
uncomfortable.
The person designated by the City, within the confines of
the City Offices. (i.e; Code Enforcement) should have a
strict background investigation. Any discussion of the
contents of negative reports could make the City liable for
litigation. All applications should be locked and
accounted for and periodically checked for status. The
records should be purged at the rate of time the City so
designates per State Statute.
(b) A Medical Release should also be requested if
information is revealed that the person may be
mentally unstable for any reason. Code Enforcement
should then be able to obtain from the applicant's
doctor /psychiatrist /psychologist information
pertaining to the applicant and obtain the doctor's
written recommendations as to whether or not this
person should not be granted a permit and his written
reasons for the denial of a permit
This also will be very confidential and would have to be
made available if the disgruntled denied applicant invokes
the Freedom of Information Act.
(c) A Waiver for Information Given to the City by the
Better Business Bureau on the company /individual
requesting a permit.
We are not cognizant of the requirements of the Better
Business Bureau and how they handle the confidentiality of
their records. If a negative report is discovered. it
would be the recommendation of the Brevard County Sheriff's
Office to have the City of Cape Canaveral clarify what the
policy of the Better Business Bureau is in so far as what
they wish to release in writing, bearing in mind, once
again, the privileges of the Freedom of Information Act and
the adverse reversal and liability of the City to the
denied applicant.
Once again, the Brevard County Sheriff's Office, even
though under a contract with the City of Cape Canaveral
cannot be made liable or responsible for the
approval /disapproval or recommendation thereof for the
issuance of a Solicitor's Permit. This is a Code
Enforcement /City Council decision.
However. if this ordinance is passed, a penalty clause
shall be written that will make it enforceable by your Code
Enforcement as well as the Brevard County Sheriff's Office.
It goes without saving, that if the solicitor commits a
criminal offense, under any State Statute, the Brevard
County Sheriff's Office will act in accordance to the laws
as outlined by State Statute. Civil matters will be
handled by an attorney so designated by the complainant and
the City of Cape Canaveral. if required.
Specifically, if the items purchased by a citizen is
inferior and the company cannot be reached to settle the
matter in a business like manner, a citizen may then turn
to the City and request restitution and any damages for
allowing the solicitor to obtain a permit. Another item to
consider is if the solicitor harangues /harasses a citizen
of the City. There are those who would use any device to
obtain a little pocket cash.
It is understandable that the City wishes to permit
solicitors to do business within the confines of their
area, however, all aspects of the responsibilities should
be fully realized.
���� 2w
IF.UTENANT GEORGE MC GEE
Canaveral Precinct
(Ltrs /Citycode)
_. 4— --- - —
'OI�TING REQUIREMENTS FOR FELONY
CE ITS OF SCHOOL SYSTEM EMPLOYEES
school district employees are fingerprinted at
tim of initial employment and subjected to a
:/n oval criminal history check. Subsequent
:s are not required unless a person becomes
npl�oyed for more than 90 days. Therefore,
)ol system administrators could be unaware of
ny mests of employees that occur after initial
doyOment.
vev r, Florida Statute 230.335 requires a law
rrc eat agency to report the felony arrest
a school district employee to the
ro riate superintendent of schools within 48
rs f the arrest.
= remain aware of this statute and Iaw
)rc4ment's responsibility to help ensure the
:ty Of Florida's school children.
DID YOU KNOW
7.a~ . , :, MOW..:that rnMy people submit
tic record requests to FDLE to find out if
en il employees have criminal records? When
providing crime prevention and security
t businesses or individuals, be sure to
ati i this service is available. For each
uir send the name (and aliases or maiden
nes , race, sex, date of birth, social security
nb (if available) and $10 to FDLE, CIB, Post
ice Box 1489, Tallahassee, Florida 32302. If
i have any questions, please call 904/488 -4931
l as for public records information.
THOE DAY WAIT TO BUY HANDGUNS
IDLE Firearm 'Purchase Program (FPP)
eiv s many calls from dealers or law
br ment, corrections and correctional
bat on officers asking why these officers have a
ee ray wait for the purchase of handguns.
irid voters passed the constitutional amendment
!uir ng the waiting period, and did not exempt
ice s. Only another constitutional amendment
ild grant such an exemption.
e arendment does, however, exempt Concealed
:ap ln Permit holders from the three day waiting
i(x .. To make it easier for the above officers to
concealed Weapon Permits, the 1991
gis' ,ature exempted these officers from the
kg ound investigation portion of the permitting
process. Therefore, the background investigation
fees do not apply.
For information regarding Concealed Weapon
Permits, contact the Department of State, Bureau
of Licensing 904/488 -0039.
Information relating to other aspects of the FPP
may be obtained at 904/488 -4931.
AFIS BINS
"Bins" are containers for a variety of different
products. Automated Fingerprint Identification
System (AFIS) bins, likewise, are containers
which hold things - in this case fingerprint
information. Why does this matter to you?
The AFIS bins are important to the criminal justice
community because they impact the likelihood of
hitting on a case that is a match. When a
fingerprint search occurs in AFIS, only the bins
which contain information comparable to the
search print are examined. If an arrest is madd
and poor quality prints are submitted to FDLE, the
prints may be classified in a way to direct them to
a different bin, If good prints are later submitted
on the same individual, or from a crime scene,
they will be accurately classified and placed in the
proper bin. A search will not result in a hit
because the first prints are sitting in another
storage bin.
Your prints must be good qualit to be placed in
AFIS and in the right AFIS bin. De sure to cheek
them before releasing the offender so any finger
that was poorly rolled can be rolled again.
Quality Is critical. .If yvu have questions please
contact Identification Section Special Processing at
(904) 488 -4931.
LIVE SCAN FINGERPRIN77NG
Several Florida agencies have breun to use live
scan systems rather than inked prints to roll
fingerprints. The Florida Department of Law
Enforcement (FDLE) conducted extensive tcating
of the two systems currently being used in Florida
to ensure these live scan prints would be of an
acceptable quality before routinely accepting thou).
Tests conducted by the Identification Section and
the Crime Laboratories of FDLE indicated that the
two live scan systems produced fingerprints of
good quality and which meet the requirements for
accurate searches in the FDLE Autvmatrxi
MEMORANDUM
TO: Mayor and Honorable Council Members
FROM: Deborah Haggerty, Finance Director
DATE: March 10, 1993
RE: APPLICATION PERMIT -- ORDINANCE 04 -93
Attached please find a draft application permit in accordance with
Ordinance No. 04 -93. I have created such application in compliance
with section 723.15. of the Ordinance. Your comments and
suggestions are appreciated.
--
CITY OF CAPE CANAVERAL
APPLICATION PERMIT
"SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS"
1.
Name of applicant (include all aliases /married /maiden names)
2.
i7
Permanent home address
Full local address if other than above
4.
Name of applicant's employer and state your affiliation
5.
Employer's address
6.
Type of good(s) to be solicited
7.
Location(s) where good(s) will be solicited
8
E
List where good(s) are manufactured, list location of good(s)
at the time of application, list proposed method of delivery
specific dates such good(s) will be solicited
10. Full physical description of the applicant's person
(ie, height, weight, eye /hair color, gender, age)
11. Have you ever been convicted of a crime? YES NO
If yes, complete all details as listed on the back of this
form
12. Applicant must furnish the following information:
A. A copy of applicant's driver's license or official state
identification card.
B. A photograph of the applicant taken within (60) days
prior to the date of this application, which shall be 2
inches by 2 inches, showing the head and shoulders of the
applicant, in a clear and distinguishing manner.
11. Continued from front of page number one.
If you have ever been convicted of a crime, state the kind,
character and nature of every kind of which the applicant has
been convicted or to which the applicant has plead guilty or
nolo contenders and the date and place of such conviction or
plea.
City of Cape Canaveral
Application Permit
Page No. 2
I, the undersigned, hereby affirm all information given herein to
be true and correct to the best to my knowledge. I have read City
of Cape Canaveral Ordinance No. 04 -93, Chapter 723 SOLICITORS,
PEDDLERS, AND ITINERANT MERCHANTS. I hereby affirm that I
understand the provisions cited in Ordinance No. 04 -93, and I agree
to comply and adhere to all applicable restrictions. I understand
that this permit may be revoked for any of the reasons cited in
section 723.19 of Ordinance No. 04 -93.
Signature of applicant
Permit Fee:
Badge Fee:
Approval of City