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City Code of Ordinances is hereby repealed in its entirety and re-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 Required. 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,
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 contendere 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 Request.
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.
First Reading 5/4/93
Posted: 5/8/93
Advertised: 5/7/93
Second Reading: 5/18/93
Salamone, MAYOR
PORTER
RANDS
SAiAMONE