Ord 55-02ORDINANCE NO. 55-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING CHAPTER 111, "ADVERTISING", BY
REPEALING SECTION 111.18, "DISTRIBUTING
COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN
PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO
PROVIDE AN UPDATED ORDINANCE REGARDING
SAME BY ENACTING A NEW SECTION 111.18,
"DISTRIBUTING COMMERCIAL AND NON-
COMMERCIAL HANDBII.I.S IN PUBLIC PLACES";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTWE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its
citizens against the health and safety menace and the expense incident to the littering of the streets
and public places by the uncontrolled distribution of advertising matter and commercial and non-
commercial handbills; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to preserve
the people's constitutional right to receive and disseminate information in a safe and healthy
manner.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 111, "Advertising", Section
111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places", of the Code of
Ordinances of the City of Delray Beach, be repealed in its entirety and a new Section 111.18,
"Distributing Commercial and Non-Commercial Handbills in Public Places", be, and the same is
hereby enacted to read as follows:
Section 111.18 DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL
HANDBILLS IN PUBLIC PLACES.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any
commercial or non-commercial handbill in or upon any public place within the City.
Provided, however, that it shall not be unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any commercial or non-commercial handbill in any
public place to any person willing to accept such handbill.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
dayof ~.~.......~ ?,. ,200~.
ATTEST:
City Clerk
First Reading ~ ' ~-~, ~:'~OOd
Second Reading (~. ~. ~'~
MAYOR
2 OKI) NO. 55-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM $$ - REGULAR MEETING OF JANUARY 7; 2003
ORDINANCE NO, 55-02 (AMENDING CHAPTER 111, "ADVERTISING")
JANUARY 3, 2003
This ordinance is before Commission for second reading amending Tide XI, "Business Regulations",
by amending Chapter 111, "Advertising" of the City Code of Ordinances by enacting a new Section
111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places" to provide an
updated ordinance.
At the first reading on December 3, 2002, the City Commission passed the Ordinance No. 55-02.
Recommend approval of Ordinance No. 55-02 on second and final reading.
S:\C:ty Clerk\chevelle folder\agenda memo. Ord 55.02 1.07 03.doc
[lTV DF DELRI:IY BEI:I[H
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
November 20, 2002
David T. Harden, City Manager
Terrill Pyburn, Assistant City Attorney
Proposed Ordinance on Handbills
Wdter's Direct Line: 561/243-7090
Please find attached hereto a proposed updated ordinance regarding handbills.
Please review the attached proposed ordinance and let me know if you would like
for me to place it on the next City Commission agenda.
Thank you. Also, please do not hesitate to contact me if you have any questions.
TCP:smk
Attachment
/22_.
111.16(B)
(BI Exemptions. The provisions of this section shall not
apply to the distribution of mail by the United States, nor to
newspapers except that newspapers shall be placed on private
property in a manner as ~o prevent their being carried or
deposited by the elements upon any street, sidewalk or other
publio place or upon private property.
('80 Cod~, Sec. 12-51) (Ord. No. 34-83, passed 5/20/83)
Penalty,.see Sec. 111.99
Section
PROPERTY.
DEPOSITIN~ HANDBILLS ON UNINHABITED .OR VACANT
No person' shall throw or deposit any commercial or
noncommercial handbill in or upon any uninhabited or vacant
('80 Code, See. 12-49) (Ord. No. 34-83, palled 5/20/83)
Penalty, lee Sec. 111.99 '
.Section 111..18 .D~STRIBUTING COMMERCIAL
HANDBILbS IN PUBLIC PLACES.
AND
NONCOMMERGIAL
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street, shopping
center parking lot or other publlo place within the City, nor
shall any person hand out or distribute or sell any commercial
handbill in any public place, withou~ first securing a permit
from =he Building Department-Occupational License Department.
However, l= shall be lawful on any sidewalk, street or other
public place within the City for any person to hand out or
distribute~ without charge to the receiver thereof, any
commercial or noncommerciai handbill to any person willing to
accept it. Local businesses licensed under the provisions of
Chapter_Il0 are exempt from this section.
('80 Co~a, Sac. I2-47] (Or~. No. 34-83, passe~ 5/20/83)
Penalty, sea Sec. 111.99
Croll-reference~
Free publications, see Sectionl 111.30 through 111.32
XI.38
ORDINANCE NO. 55-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING CHAPTER 111, "ADVERTISING", BY
REPEALING SECTION 111.18, "DISTRIBUTING
COMMERCIAL AND NON-COMMERCIAL HANDBIIJ.S IN
PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO
PROVIDE AN UPDATED ORDINANCE REGARDING
SAME BY ENACTING A NEW SECTION 111.18,
"DISTRIBUTING COMMERCIAL AND NON-
COMMERCIAL HANDBII.I$ IN PUBLIC PLACES";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its
citizens against the health and safety menace and the expense incident to the littering of the streets
and public places by the uncontrolled distribution of advertising matter and commercial and non-
commercial handbills; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to preserve
the people's constitutional right to receive and disseminate information in a safe and healthy
manner.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 111, "Advertising", Section
111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places", of the Code of
Ordinances of the City of Delray Beach, be repealed in its entirety and a new Section 111.18,
"Distributing Commercial and Non-Commercial Handbills in Public Places", be, and the same is
hereby enacted to read as follows:
Section 111,18 DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL
HANDBILI-$ IN PUBLIC PLACES.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any
commercial or non-commercial handbill in or upon any public place within the City.
Provided, however, that it shall not be unlawful for any person to hand out or distribute.
without charge to the receiver thereof, any commercial or non-commercial handbill in any
public place to any person willing to accept such handbill.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATTEST:
MAYOR
City Oerk
First Reading
Second Reading
2 OtLD NO. 55-02
100
ANNOUNCEMENTS
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SL:R'V~CE L~D~R THE PLA~, P~ROVIO-
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M~SlOfl OF ?FE crrY of DELRAY
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TRAHSF~RS OF ELIGIBLE ROLLOV~R
CONTRIBUTIONS' TO PROVlOE
ROLLOv~RS OR TRANSR~R$ tN'TO
THE FUND FOR THE PURCHASE off:
CONTtNUDU$ SERVICE, PflOV[0~NG
A REPEALER CLAUSE PROVIDING A
VALIDITY CLAUSE AND PROVIDING
~ ORO{NAAICE 0¢ THE cctv
MI.5~ION of THE CITY O~
TER 33, "POLICE ~ FIRE D~ART-
MENTS' SUSHE,N~NG "PENStoNS',
of 1HE CODE of 0RDINANI~$ OF
THE CIT~ Of DELP. AY BEACH, FLOR~-
DA, BY AMENO{NG SECTION 336~
"0~FINrrloNs", I~cVISING THE
FOR CERTAIN PURPOSES TO
II~t. Ul~ PREVIOUS SERV~GE AS
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NEW SECTION 3371 "GOORDINA-
I~VIOING R3~ COORDINATION OF
ItEM~rrs FOR MEMBERS WHO HAVE
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EMPLOYEE. ANIEND~NG SECTION
'~z'~70 "DIRECT TIa~iNS~ERS OF ELI-
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TO PROVIDE FOR ROLLOVERS OR
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