HomeMy WebLinkAboutO-2017-003 Solicitation and Handbill Regulations Sections 21-1 and 21-8 ORDINANCE NO. 2017-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, REPEALING AND REPLACING SECTION 21-1,
"HOUSE-TO-HOUSE SOLICITATIONS" OF CHAPTER 21, "SALES AND
AUCTIONS" OF THE CITY CODE TO PROVIDE FOR SOLICITATION
REGISTRATION AND REQUIREMENTS; CREATING SECTION 21-8,
"HANDBILL DISTRIBUTION REGULATIONS", OF THE CITY CODE OF
ORDINANCES TO PROVIDE RESTRICTIONS FOR THE DISTRIBUTION
OF HANDBILLS ON PUBLIC AND PRIVATE PROPERTY WITHIN THE
CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING AN EFFECTIVE DATE.
WHEREAS, solicitations and the distribution of handbills upon public and private
property can create safety and nuisance concerns for the residents and business owners of the
City; and
WHEREAS, the City has a significant interest in protecting the safety and quiet and
peaceful enjoyment of property owners and residents within the City; and
WHEREAS, the City Commission of the City of Dania Beach deems it to be in the best
interest of the citizens and residents of the City to provide regulations for solicitations and for the
distribution of handbills on public and private property within the City.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are confirmed as being true and
correct and they are made a specific part of this Ordinance.
Section 2. That Section 21-1, entitled "House-to-House Solicitations," of the City
Code of Ordinances is repealed in its entirety and replaced to read as follows:
Sec.21-1. Solicitation Requirements.
(a) Definitions. As used in this Section, "solicit' or "soliciting" means to go from
place to place or residence to residence in the City and:
(1) Sell or attempt to sell goods, wares or merchandise, whether for immediate or for
future delivery; or
(2) Sell or attempt to sell the performance of a service by the solicitor or by a third parry,
whether the service is to be performed immediately or at some time in the future; or
(3) Request contributions, or pledges of contributions, for any charitable, religious,
scientific, literary or other nonprofit cause or organization.
(b) Registration Required; Exemptions. Except as otherwise provided below, it shall be
unlawful to solicit in the City without first registering with the City Clerk. The registration shall
be in a form acceptable to the City and shall include, at a minimum, the following information:
(1) The name, residence address and place of business, if any, of each person whom it is
proposed will solicit;
(2) The employer or person or organization on whose behalf the solicitation is to be
undertaken;
(3) The dates and time periods that are proposed to solicit in the City; and
(4) A description of the goods, wares, merchandise or services to be solicited, if any.
Members of nonprofit organizations (i) soliciting contributions only from other members of the
organization, or (ii) raising funds by the sale of merchandise, where the price charged for such
merchandise is substantially equal to the market price of the merchandise, are exempt from the
registration provisions of this Section.
(c) Display of Identification. While engaged in soliciting, each solicitor must carry and
display, in a clearly visible manner, an identification card, which shall contain the name, address
and telephone number of the solicitor as well as the name of the person or organization for
whose benefit or on whose behalf the solicitor is acting.
(d) "No Solicitation" signs. No person shall solicit for the sale of goods, merchandise,
wares or services on any private premises in the City where there is a conspicuous sign, notice
or sticker bearing any of the words, "No Trespassing," "No Peddlers, Solicitors or Agents," "No
Advertisements," "No Solicitation," or any other similar notice. Citizens, residents, and
businesses in the City may post no-solicitation signs, notices or stickers in a prominent place
upon the premises, and the presence of any such sign or notice shall raise a presumption of a
prima facie violation of this section any time there is solicitation or canvassing upon such
premises. The term "No Solicitation" shall be deemed to include as synonymous the
prohibitions of"No Trespassing," "No Peddlers or Agents," and "No Advertisements."
(e) Uninvited Solicitations. No person shall solicit for the sale of goods, merchandise,
wares or services in or upon the premises of any residence or business where the occupant
verbally objects to the solicitation or requests the solicitor to leave.
(f) Restricted Hours. Notwithstanding any other provision to the contrary, no person
shall conduct uninvited solicitations for the sale of goods or services within the City between
the hours of 8:00 p.m. of one day and 9:00 a.m. of the next day.
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Section 3. That Section 21-8, entitled "Handbill Distribution Regulations," of the
City Code of Ordinances is created to read as follows:
Sec. 21-8. Handbill Distribution Regulations.
(a) Intent. The City Commission deems it in the best interests of the citizens,
residents and business owners of the City to provide that the owners, tenants and residents of the
City may post no-solicitation signs, notices or stickers upon their premises which shall be
determinative of an intent not to allow solicitations or handbill distribution on the premises.
(b) Restrictions. No person shall throw, place, deposit or distribute any handbill,
flyer, pamphlet, brochure or circular (for purposes of this Section the term "handbill" refers to
and includes any and all of the foregoing items) in or on any sidewalk, public place or private
premises or where there is a conspicuous sign or notice bearing the words, "No Trespassing,"
"No Peddlers, Solicitors or Agents," "No Advertisements," "No Solicitation," or any other
similar notice, except where there is an authorized distribution of such materials where such
signage exists or except as provided in paragraph (c) below. However, such distribution of
handbills, flyers, circulars, brochures, or pamphlets shall not be a violation of this section if the
owner, tenant, occupant, or other recipient is willing to receive the same. Citizens, residents, and
operators of businesses in the City may post no-solicitation signs in a prominent place upon the
premises, and the presence of any such sign shall raise a presumption of a prima facie violation
of this section any time there is distribution of handbills, circulars, flyers, pamphlets, or
brochures upon such premises. The term "No Solicitation" shall be deemed to include as
synonymous the prohibitions of "No Trespassing," "No Peddlers or Agents," and "No
Advertisements."
(c) Throwing or depositing handbills in public places; prohibition. No person shall
throw, place, distribute or deposit any handbill in or upon any sidewalk, street, or other public
place within the City. Provided, however,that is shall not be unlawful on any sidewalk, street, or
other public place within the City for any person to hand out or distribute, without charge to the
receiver of it, any handbill to any person willing to accept it.
(d) Placing handbills on vehicles;prohibition. No person shall throw, place, deposit
or distribute any handbill in or upon any unoccupied vehicle. However, it shall not be unlawful
in any public place for a person to hand out or distribute, without charge to the receiver of it, a
handbill to any occupant of a vehicle who is willing to accept it.
(e) Prohibiting distribution of handbills where properly posted; prohibition. No
person shall throw, place, deposit or distribute any handbill upon any private premises if
requested by anyone on the property not to do so, or if there is placed on the premises in a
conspicuous position near the entrance of it a sign or notice bearing the words "No Trespassing,"
"No Solicitors," "No Peddlers or Agents," "No Advertisements," or any similar notice indicating
in any manner that any occupant of the premises does not desire to have his or her right of
privacy disturbed, or to have any such handbills left upon such premises.
(f) Distributing handbills at inhabited private premises;prohibition.
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(1) No person shall throw, place, deposit or distribute any handbill in or upon private
premises which are inhabited, except by handing or transmitting any such handbill directly to the
owner, occupant, or other person then present in or upon such private premises if such person is
willing to accept it. Provided, however, that in case of inhabited private premises which are not
posted, as provided in this section, such person, unless requested by anyone upon such premises
not to do so,may place or deposit any such handbill in or upon such inhabited private premises if
such handbill is so placed or deposited as to secure or prevent such handbill from being blown or
drifted about by wind and other natural elements upon such premises or sidewalks, streets, or
other public places, except that mailboxes may not be so used when so prohibited by federal
postal law or regulations.
(2) The provisions of this subsection (f) shall not apply to the distribution of mail by
the United States Postal Service, nor to newspapers, except that newspapers shall be placed on
private property in such a manner as to prevent their being carried or deposited by wind and
other natural elements upon any street, sidewalk, or other public place or upon other private
property.
Section 4. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 6. That this Ordinance shall take full effect immediately upon its passage and
final adoption.
PASSED on first reading on December 13, 2016.
PASSED AND ADOPTED on second reading on January 10, 2017.
ATTEST: �Is
F�Rsr
LOUISE STILSON, CMC AMARA JA S
CITY CLERK MAYOR
APPROVED AS 1] FORM D CORRECTNESS:
J
THOM S J.'ANSBR
CITY ATTORNEY
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