HomeMy WebLinkAboutO-1988-027 1 I
ORDINANCE NO. 27_8g
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
i REGULATING AUCTIONS AND AUCTIONEERS ; PRO-
VIDING FOR ISSUANCE AND REVOCATION OF
LICENSES; PROVIDING FOR JUDICIAL REVIEW;
PROVIDING FOR LICENSE FEES; PROVIDING FOR
BOND; PROVIDING EXCEPTION TO JUDICIAL
SALES, PROVIDING PENALTIES ; PROVIDING FOR
INCLUSION IN CITY CODE; PROVIDING FOR
SEVERABILITY; PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HERE-
WITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . License Required
No personal property (goods, wares or merchandise ) shall be
sold at auction in the City of Dania, Florida except in compliance
with the provisions of this ordinance . It shall be unlawful to sell
or cause or permit to be sold at auctions, any personal property
(goods, wares or merchandise ) in the City of Dania, Florida unless
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j such sale is conducted by an individual who has applied for and
obtained an auctioneer 's license from the City of Dania .
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1 Section 2. Issuance and Revocation of License
(A) The City Commission of the City of Dania, Florida is
hereby authorized to grant or renew an auctioneer 's license for any
( period of time not exceeding°i g one year to any individual applying
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therefor on a form to be provided for in Section 4 of this ordinance
and the filing by the applicant of the bond required by Section 5 of
this ordinance.
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(B) The form on which application shall be made for an
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i auctioneer's license shall require the following information:
( 1 ) Name of the applicant ;
( 2 ) Residence and business address of the applicant ;
(3 ) The length of time for which an auctioneer 's license is
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desired;
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' (4 ) A statement as to whether or not the applicant holds, or
has held an auctioneer's license from any state, 1
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municipality, governing body or licensing authority; a
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list of such licenses and a statement of the time , place
and by whom issued; a statement as to whether any state ,
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municipality, governing body or licensing authority has
ever refused to issue or to renew an auctioneer's license
to the applicant together with a full and accurate
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statement as to the reasons for any such refusal; and a
statement as to whether any state, municipality, governing
body or licensing authority has ever revoked an
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auctioneer's license held by the applicant together with a
full and accurate statement as to the reasons for any such
revocation.
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(5 ) A statement as to whether or not the applicant has ever
been convicted of any crime, misdemeanor or violation of
# any municipal ordinance, and if so, the nature of the
offense and the punishment or penalty assessed thereto.
(6 ) A photograph of the applicant, taken within 60 days
immediately prior to the date of the filing of the
application, which picture shall be 2" by 2" showing the
head and shoulders of the applicant in a clear and
distinguishing manner, except that the City Commission may
waive this requirement with respect to an application for
renewal of an auctioneer 's license by an individual
holding an unexpired auctioneer's license issued under
this ordinance who has in a previous application under
this ordinance complied with this requirement;
(7 ) The fingerprints of the applicant and the names of at
least two reliable property owners of the County of
Broward, State of Florida who will certify as to the
applicant 's good moral character and business responsi-
bility or in lieu of the names of references any other
available evidence as to the good moral character and
business responsibility, except that the City Commission
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may waive this requirement with respect to an application
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for renewal of an auctioneer 's license by any individual
holding an unexpired auctioneer 's license issued under
this ordinance who has in a previous application under
this ordinance complied with this requirement .
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(C) Before issuing an auctioneer's license to any individual
applying therefor the City Commission shall refer the application to
the Chief of Police who shall cause to be made such investigation of
the applicant 's moral character and business responsibility as he
deems necessary for the protection of the public good , except that
the City Commission may waive this requirement with respect to an
application for renewal of an auctioneer 's license by any individual
holding an unexpired auctioneer 's license issued under this
ordinance if an investigation of such applicant 's moral character
and business responsibility has previously been made under this
section in connection with a prior application for an auctioneer 's
license under this ordinance . The Chief of Police shall cause the
j' investigation herein provided for to be made within a reasonable
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time and shall certify to the City Commission whether or not the
moral character and business responsibility of the applicant is
satisfactory.
(D) An auctioneer's license may be revoked by the City
Commission or an application for issuance or renewal of such license
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may be refused by the City Commisision, if he determines, after
notice and hearing :
1 ) That the applicant or license-holder is not an individual
of good moral character and business responsibility; or
2 ) That the application of the applicant or license-holder
contains any false, fraudulent or misleading material statement ;
3 ) That the applicant or license-holder has made any false,
I fraudulent or misleading material statement in the course of
conducting an auction sale of, or in offering for sale at auction,
any real or personal property (goods, wares or merchandise ) in the
City of Dania, Florida; or ;
4 ) That the applicant or license-holder has perpetrated a
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fraud upon any person whether or not such fraud was perpetrated in
the conduct of an auction in the City of Dania, Florida; or
5) That the applicant or license-holder has violated any of
the statutes of the State of Florida relating to auctions or
auctioneers ; or
6) That the applicant has been convicted of any crime or
misdemeanor involving moral turpitude; or
7 ) That the applicant or license-holder has conducted an
auction sale of, or offered for sale at auction, any real or
personal property (goods, wares or merchandise ) in the City of
Dania, Florida in an unlawful manner or in such a manner as to
constitute a breach of the peace or a menace to the health, safety
or general welfare of the public .
(E ) Notice of the hearing provided for in sub-paragraph (D)
above shall be given in writing to the applicant or license-holder
as the case may be. Such notice shall be mailed, postage prepaid,
to the applicant or license-holder as the case may be at his last
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known address at least five days prior to the date set for hearing .
The applicant or license-holder as the case may be shall have the
right to be represented at such hearing by counsel .
Section 3. Judicial Remedy by Circuit Court
Any person aggrieved by any decision of the City Commission
may, within 30 days from the date of rendition of such decision,
apply to the Circuit Court for the Seventeenth Judicial Circuit in
and for Broward County, Florida , for a review of such decision of
the City Commission, which said review shall be limited to a
petition at common law for a writ of certiorari .
Section 4 . License Fees
The fees for an auctioneer ' s license shall be as set forth in
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Section 15-12 of the Code of Ordinances of the City of Dania.
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Section 5. Bond
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Every applicant for an auctioneer 's license shall file with the
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Clerk-Auditor of the City of Dania, Florida, a surety bond running
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to the City of Dania, Florida in the amount of One Thousand Dollars
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with surety acceptable to and approved by the City Commission
conditioned that the said applicant, if issued an auctioneer 's
license, will comply fully with all the provisions of the ordinances
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of the City of Dania, Florida and the statutes of the State of
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Florida regulating and concerning auctions and auctioneers, will
render true and strict accounts of all his sales to any person or
persons employing him to make the same, will not practice any fraud
or deceit upon bidders or purchasers of property from him at any
auction sale or suffer or permit any person in his employ to
practice any such fraud or deceit, and will pay all damages which
may be sustained by any person by reason of any fraud, deceit,
negligence or other wrongful act on the part of the licensee, his
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agent or employees in the conduct of any auction or in the exercise
of the calling of auctioneer. A liability insurance policy issued
by an insurance company authorized to do business in the State of
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Florida which conforms to the above requirements may be permitted by
the City Commission in his discretion in lieu of a bond.
Section 6. Place of Conductin2 Auctions
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(A) No auction sale of personal property (goods, wares or
merchandise ) shall be conducted within any of the residential areas
of the City of Dania, Florida except upon the issuance of a special
permit therefor by the City Commission and in accordance with the
express terms of such special permit.
(B) Application for a special permit to conduct an auction
sale of personal property (goods, wares or merchandise) within the
areas of the City of Dania, Florida described in sub-paragraph (A)
above shall be made to the City Commission on a form to be provided
by the City upon which shall be stated the nature and quantity of
the goods to be sold and the number of days during which it is
desired to conduct such auction sale. The City Commission shall
issue such special permit upon the payment of a fee of $15 which fee
shall be in addition to and not in lieu of the fees and bond
provided for in Sections 4 and 5 respectively, of this ordinance,
upon its determination that there is good and
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I sufficient reason for the issuance of such special permit . Such
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special permit shall specify the place or places within the areas
described in sub-paragraph (A) above to which it pertains and the
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number of days for which such special permit is valid.
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(C) The City Commission may refuse to issue or renew such
j special permit or may revoke any special permit already issued, if
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it determines that there is good and sufficient reason for such
refusal or revocation. Any individual aggrieved by the action of
the City Commission in refusing to issue or renew or in revoking any
such special permit shall have the right to appeal as provided in
Section 3 of this ordinance . In the event that such an appeal be
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taken, it shall be unlawful for any individual to conduct any sale
at auction in accordance with the terms of such special permit .
(D) No such special permit shall be issued to any individual
-- except one to whom an auctioneer ' s license has been issued under
Section 2 of this ordinance .
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Section 7. Auctions Prohibited on Streets, Sidewalks and
Public Property
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It shall be unlawful to conduct an auction sale of personal
property (goods , wares or merchandise ) on any of the streets ,
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sidewalks, or public property of the City of Dania, Florida.
Section 8 Night Auctions of Jewelry and Certain Other
Articles Prohibited
It shall be unlawful to offer for sale at auction or sell at
auction any gold, silver, plated ware , clocks, watches, diamonds or
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other precious or semi-precious stones or any imitation thereof ,
glassware, chinaware or jewelry or any article purporting to be or
represented as any of the above-listed articles between the hours of
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6: 00 p.m. and 8 : 00 a.m.
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Section 9 Ordinance Not Applicable to Judicial Sales
j The provisions of this ordinance shall not be applicable to
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auction sales conducted by trustees or referees in bankruptcy,
executors, administrators, receivers or other public officers acting
1 under judicial process, nor to the sale of real property at auction.
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Section 10. Penalties
Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not exceeding $500 or by imprisonment in the county
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jail not exceeding 90 days , or by both such fine and imprisonment.
Each such violation shall constitute a separate offense and shall be
punishable as such hereunder .
Section 11 , Severability
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, 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 12. The provisions of this ordinance shall be included
in and incorporated in the Code of Ordinances of the City of Dania,
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Florida as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform system of the
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Code.
Section 13 . That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be repealed
to the extent of such conflict .
Section 14. That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the 10th day of
May , 1988.
PASSED and ADOPTED on Second and Final Reading on the 24th day
of May 1988. /
MAYOR - COMMISSIONERf
ATTEST:
i�
CITY CLERK-AUDITOR
APPROVED AS /TO FORM AND CORRECTNESS
BY:'�A" 1.
Frank C. Adler, City Attorney
ORDINANCE NO . 27-88
MI CITY
COMMISSION
CITY DANIA,
is, FLORIDA IDA
REGA 1 ADOPT ION
O O
ADOPTION THE IN
THE SUN-TATTLER NOTICE OSED
"ISPio O EREBV FOLLOWING
EN Inpl In"
CI!, COmml,.
S,on For Tne Cilr of Dense.
Established as The Hollywood Sun January a. 1935 ilNlo m.°:::'.;;�shills
.ilo A.IM metier mpv Be
HOLLYWOOD, BROWARD ('01 I.NTY, FLORIDA ...Id,`...,1.ndZ8..H,o
ne.anR.n In.CII.Comml.-
uon room of Ine an Clly
HAD. IN WeII Den]. B..cn
Boulevard, D.nb, Florida
Io conllder IF. or000ud
.dopllon on
"Cord and fin.,e.dlna OI m. omin.n.el
STATE OF FLORIDA emlNd
AN ORDINANCE OF THE
COUNTY OF BROWARD CITY OF DANIA, FLORI-
I� Tl DA, AMENDING CHAP-
Jack D. Pate TER 20 OF THE 1110
Before the undersigned authority personally appeared _ _ CODE OF ORDINANCES
OF THE CITYOF DANIA
C IAA BY ADDING ARTICLE V
who on oath says Iheishel is ___ndvertl 5lntt .)ales Manager ENTITLED POLICE
PUBLIC SAFETY FACILP
TIES IMPACT LEE",
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward PROV TIME
I OMGPAOOR TN THE
PROVIDING FOR THE
y e attachedcopy County, Florida, that the of advertisement, beinga . USE OF PROCESS. PO
f VIDING F R
ON THE EST AO
LISHMENT OF A TRUST
Notice of Hearing Before City COrnrnlss)on FUND FOR MONIES COL-
LECTED PROVIDING
THAT ALL ORDINANCES
OR PA T
in the matter of _ City O1 lJania NANCE S RANo ALL RESO-
LUTIONS OR PARTS OF
RESOLUTIONS IN CON-
100 W. Dania Beach Blvd, �/�w�VtlXti X FLICT HEREWITH BE
n the Y REPEALED TO THE EX-
TENT OF SUCH CON-
was published in said newspaper in the issue of FLD'P''AN EFFEECTIVE
pp DATE.
May 13, 1950 .AN ORDINANCE OF THE
CITY OF DANIA, FLORI-
DA. REGULATING AU6
AffiantfurthersaysthatthesaidSUN-TATTLE.RisanewpaperpublishedatHollywoodin rlOH5 AND AUCTION-
said Broward County,Florida,and that the said newspaper has heretofore been continuously ISSUANCE ANERS D REVOCA-
TION
published in said Broward County, Florida,each week and has been entered as second class VOIDING FOR OF "JUD CIISES A
matter at the post office in Hollywood in said County. Florida, for a period of one year next FORRE LICE VIEW;
matter FElES
FOR
preceding the first publication of the attached copy of advertisement, and affiant further PPRROOv DING EXCEPOTION
says that he has neither aid nor promised an TO JUDICIAL SALES,
y p p y person, firm Or corporation any discount, PROVIDING AL SALES,
rebate,commission or refund for the purpose of securing this advertisement for publication MON IN CITY COD FOR E:PRO-
VIDING FOR SEVERABIL-
In esaid ne spaper A L ORDINANCES OR
PARTS OF ORDINANCES
� AND ALL RESOLUTIONS
OR PARTS OF RESOLU.
TIONS IN CONFLICT
HEREWITH BE RE.
PEALED TO THE EX.
TENT OF SUCH CON.
ri Sworn to and subscribed before me FLICT; AND PROVIDING
FOR AN EFFECTIVE
this_ 13 dayof (arlaLA,1A.D. 196) DATE.
All ORDINANCE OF THE
CITY OF DANIA. FLORI-
1(�F•}� L� � DA. AMENDING CHAP-
NOTARY FJ l{ l (, _ THE CODE OF OROI.
Lt�l rUPIIC $tAtE Cr r''- •.`1 NANCES OF THE CITY OF
DANIA, FLORIDA ENTI-
p 6Li (SEAL) IN CO tl Ise ION EXP. Y, .-- TLED"CODE ENFORCE-
BONDED TNPb GENERAL il:e. C:A. MENT BOARD" AS EN-
ACTED BY ORDINANCE
NO. 051 ON NOVEMBER
.._, 11. INC. AND AMENDED
BY ORDINANCE NO. MS
ON DECEMBER IS INt,
TO COMPLY WITH THE
AMENDMENTS TO
l _ CHAPTER IAr FLORIDA
STATUTES THAT RE-
LATE TO METHOD OF '
NOTICE. CONDUCT OF
HEARINGS AND ADMIN-
- _ ISTRATIVE FINES AND
LIENS) AND PROVIDp
THAT ALL ORDINANCES
OR PARTS OF I■DI-
NANCESAND ALL ESO.
LUTIONS OR PARTS OF
RESOLUTIONS IN CON.
FLICT HEREWITH BE
REPEALED TO THE EX.
TENT OF SUCH CON-
FLICT; AND PROVIDIMD
FOR AN EFFECTIVE
DATE.
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