76-77 VOID
ORDINANCE NO . 7 6-7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, AMENDING CHAPTER 18 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY PROHIBITING PEDDLERS AS DEFINED IN SECTION
18-1(b) FROM OPERATING IN ~ CITY; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has previously adopted a
Zoning Code and Zoning Map regulating use of all lands within the
corporate limits of the City of Delray Beach; and,
WHEREAS, the Zoning Map divides the City into segments wherein
certain types of uses are allowed including residential and commercial
uses; and,
WHEREAS, the Commercial sale of goods, wares, merchandise, etc.,
by persons traveling by foot, wagon, automotive vehicle and other types of
conveyances while transporting such goods, etc., with them has in the past
b~en permitted in residential and commercial zoning districts under certain
conditions; and,
WHEREAS, recently there has been a significant increase in this
type of selling activity as set forth above; and,
WHEREAS, the City Council upon review and reconsideration of this
matter hereby finds as follows: (1) that this type and amount of commercial
selling in residential areas is contrary to the primary policy of establish-
ing residential zoning districts which is to protect and preserve residential
uses from other incompatible uses, to enhance the home living environment of
Delray Beach citizens; (2) that this type of commercial selling is contrary
to the policy expressed in the City's commercial zoning regulations which
requires that commercial uses be conducted primarily in completely enclosed
buildings rather than by the transport of merchandise from place to place;
(3) that there is no public need for this type of commercial selling in the
City of Delray Beach, since there are adequate commercial facilities avail-
able to the citizens of Delray Beach, which conform to the regulations and
policies expressed in the City of Delray Beach zoning code; (4) that this
type of commercial selling should be prohibited in the corporate limits of
Delray Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, AS FOLLOWS:
Section 1. That Section 18-2 "Identification Card and License
Required" is hereby amended to read as follows:
(a) It shall be unlawful for any person to engage
in the business of'solicitor e~-~e~e~ as
defined in Section 18-1 hereof within the
corporate limits of the City without first
obtaining an identification card and license
thereof as provided herein.
It shall be unlawful for any person to enqaqe in
the business of peddler, as defined in Section 18-1
within the corporate limits of the City.
Section 2. That Section 18-3 "Same - Application" is hereby
amended to read as follows:
(c) A brief description of the nature of the business
and the goods to be sold. ~e~e~s-e~--Whe~e
~ee~e-aee-ee-~e-se~-eee-~ee~ees-e~-~aem-e~
eeehe~T-~e~e~s-m~s~-s~a~e-w~e~ee-s~e~-~ee~s
a~e-ee~-~e~ee~-e~-~ew~-a~-~-ser-~ew-ma~
~--~e4~e~e-e~--~-m-~e~e~e-~e-~e-~e-~ee4~-m
~ese~e~-e~-~e-seme~-~e~e~e~-w~-~ee~se
~mbee-e~-e~e~-mee~s-e~-~e~em~ee~
(h) A photograph ~-~he-emse-e~-~e~e~s?-~we-~he~e--
~mp~s~ of the applicant, taken within sixty days
immediately prior to the date of filing of the
application, which picture shall be not larger
than 2x2 inches and not smaller than lxl inch,
showing the head and shoulders of the applicant
in a clear and distinguishing manner;
Section 3. That Section 18-7 "Same Exhibition" is hereby
amended to read as follows:
Solicitors s~-~e~eee are required to exhibit their
licenses and identification cards at the request of
any citizen.
Section 4. That Section 18-12 "Duties of police officer" is
hereby amended to read as follows:
It shall be the duty of any police officer of the City:
(a) To require any person seen soliciting e~-~e~e~
who is not known by such officer to be duly licensed,
to produce his license.
Section 5. That Section 18-14 "Peddlers limited to daylight
hours" is hereby amended to read as follows:
Sec. 18-14. ~e~eee Solicitors limited to daylight hours.
No ~e~ee-ee solicitor shall a~ conduct his
trade as defined in Section 18-1 (a) hereof except
~m~-~m~½~h~-~e~s between the hours of 9:00 A.M.
and 6:00 P.M. and it shall be unlawful to solicit
at any time otherthan ame~m~-aey~e-~e~.e between
said hours.
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Section 6. That Section 18-15 "Soliciting on Sundays" is hereby
amended to read as follows:
From and after the effective date of this chapter it shall
be unlawful for any person to ee~e~-&~-e~e~-~e~-~e
sa~e-e~-a~-~ee~s~-wa~es~-me~e~e~se~-~e~e~ea~-e~
~ee~eea~-ee-~e-se~-e~-e~e~-~ee-sm~e-e~-§ee~s~
waees-e~-me~e~mm~se?-w~-~e-e~ee~e~-e~-m~-em~
~ee~-~em-~e~se-~e-~e~se-~e~wee~-~e-~e~ea-e~-~
conduct the trade of solicitor as defined in Sec. 18-1(a)
on Sundays.
Section 7. That Section 18-16. "Revocation of license and
identification card - Grounds" is hereby amended to read as follows:
(b) Fraud, misrepresentation, or false statement made
in the course of carrying on his business as
solicitor
Section 8. That Section 18-18 "Same-Appeal; entitlement" is
hereby amended to read as follows:
(a) Any solicitor e~-~e~e~ aggrieved by the action of
the Chief of Police or the City Clerk in the denial
of an application hereof or in the decision with
reference to the revocation of the identification
card or license as provided in Section 18-16 hereof
shall have the right of appeal to the City Council.
Section 9. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
Court of competent jurisdiction to be invalid, such decision shall not affec~
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 10. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1977.
MAYOR
AT, ST:
City Clerk
First Reading ~ovember 28, 1977
Second Reading
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VOID