2015-03 Code Amendment - Peddlers and SolicitorsORDINANCE NO. 2015-03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES
AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE
CODE OF ORDINANCE TO ADOPT A NEW ARTICLE VIII, "PEDDLERS
AND SOLICITORS;" PROVIDING FOR DEFINITIONS; PROVIDING FOR
ISSUANCE OF PERMITS; PROVIDING FOR REGULATIONS; PROVIDING
FOR APPEAL OF DENIAL OR REVOCATION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in an effort to guard against unscrupulous business practices and potential criminal
activity and protect the peace and tranquility of persons within their homes, the Village Council
wishes to regulate peddling and solicitation within the Village by requiring such persons to apply
for and obtain a permit for such activities; and
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 17, "Licenses and Miscellaneous
Business Regulations," of the Village Code of Ordinance by adopting a new Article VIII to read
as follows (additional language underlined):
ARTICLE VIII. PEDDLERS AND SOLICITORS
Sec. 17 -81. Purpose.
The purpose of this article is to protect the citizens of the village and their
property by adequately investigating the character and responsibility of itinerant
merchants and peddlers traveling from house to house soliciting services and
goods and to preserve peace and tranquility for village residents.
Sec. 17 -82. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Peddler shall mean anv itinerant or traveling vendor or trader who carries
goods, merchandise or personal property with him and travels about the village
for the purpose of selling same to purchasers at their homes or in public 1p aces
within the village. This definition shall not include vendors who sell their goods
from a fixed place of business within the village.
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Solicitor shall mean any individual, whether a resident of the village or not,
traveling by foot, motor vehicle or other conveyance from place to place or house
to house in taking or attempting to take orders for the sale of goods, merchandise,
personal property of any kind or nature for future delivery, or for services either
furnished or to be furnished in the future, whether or not any advance payment for
such sales or service is being collected.
As used in this article, the terms peddler and solicitor shall not include:
(1) individuals engaged in the sale of goods or services who meet with village
residents by appointment at the request of the resident; or (2) residents under the
age of sixteen (16 ) selling cookies, candy, lemonade or similar items.
Sec. 17 -83. Permit required.
It shall be unlawful for any peddler or solicitor to engage in such business
or activity within the corporate limits of the village without first obtaining_a
permit pursuant to this article.
Sec. 17 -84. Application for permit or license.
(a) Applicants for issuance of a permit pursuant to this article must file
with the community development director a sworn application in writing, which
shall be accompanied b,, t�pplication fee established by the village council.
The application shall, at a minimum, include the following information:
(1 ) Applicant's name, permanent address and local address (if different);
Applicant's age, sex, height, weight and other identifying characteristics;
Brief description of the nature of the business and the goods or
services to be sold;
Name and address of the applicant's principal or employ eyy r organization,
together with credentials establishing the relationship between the
applicant and the applicant's principal or employ
tQ Length of time desired for conducting business (not to exceed one hear);
(� Place where the goods or merchandise involved are produced,
stored or located, and proposed method of delivery;
(� A current photographic likeness of the applicant sufficient to
establish identification;
(� The license tag number and description of any vehicle to be used
b.. t�pplicant-,
(D Whether the applicant has been convicted of a crime and if so, the
nature of the crime;
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10 Written authorization for the village to conduct a background
check;and
Written statement that the applicant will observe and comply with
the provisions of this article.
(b) An applicant who has been adjudicated mayor pled nolo contendere
to any of the following offenses shall be prohibited from peddling or soliciting
within the village:
W Any felony involving violence, regardless of the time elapsed;
Q Any crime against children, regardless of the time elapsed,•
Any drug offense regarding _possession with intent to distribute
regardless of the time elapsed;
t4 j An fly conviction within the prior seven (7) years; and
Any conviction involving moral turpitude within prior seven (7) years.
Sec. 17 -85. Granting or rejecting application.
The community development director shall consider each application for a
permit filed pursuant to this article and with the consent of the village manager
shall either grant or reject such application and give prompt notice of such action
to the applicant.
Sec. 17 -86. Permit not transferable.
Permits issued pursuant to this article shall not authorize M person or erp sons
except the persons named in the permit, to engage in any peddling or solicitation.
Permits are not transferable.
Sec. 17 -87. Display of permit.
Every person issued a permit pursuant to this article shall carry the permit
on his or her person and shall produce same at the request of any village law
enforcement or code compliance officer or any person to whom he or she is
exhibiting his or her goods or selling or attempting to sell goods or services.
Sec. 17 -88. Limitation on hours for peddling or solicitation.
No person holding a permit issued pursuant to this article shall engage in
any solicitation or peddling on Sundays and shall only engage in such activities
within the hours of 10:00 a.m. and 4:00 p.m. the remainder of week (except bX
appointment or invitation of the person or occupant of a residence ), unless
specific authorization to the contrary is first obtained from the community
development director.
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Sec. 17 -89. Prohibited practices.
It shall be unlawful for any peddler to carry on his or her business by
selling his wares by crying them out, blowing a horn ringing a bell or using any
loud or unusual noise or to offer them for sale to the public in any of the public
streets, alleys or places within the corporate limits of the village.
Sec. 17 -90. Notice by property owners.
It shall be unlawful for any person holding a permit issued pursuant to this
article to approach the private residence of any person within the village which
has been posted by a legible gn at or near the front entrance with words similar
to "No Peddling" or "No Soliciting" or to remain on the premises of any residence
within the village after having been requested to leave by the occupant. Where a
homeowner's or condominium association's regulations rp ohibit peddling or soliciting
the association may post a clearly legible sign at each entrance or street entering
the property �ghborhood indicating that ep ddling or soliciting is prohibited.
Sec. 17 -91. Age restrictions.
(a) It shall be unlawful for any person under the age of fourteen (14)
to engage in peddling or solicitation.
It shall be unlawful for any person under the age of ei hteen (18)
to engage in peddling or solicitation without direct supervision by a person at
least eighteen 18) years of age. Direct supervision means that the supervising
adult shall at all times have the minor in sight and shall in no event be more than
one hundred (100, ) feet away.
Sec. 17 -92. Revocation of permit.
If a permit holder fails to comply with the provisions of this article or the
community development director subsequently determines that information set
forth in the application was false or misleading, the community development
director with the consent of the village manager may revoke the permit and give
prompt notice of such action to the permit holder.
Sec. 17 -93. Appeal.
Any person aggrieved by the action of the community development
director or village _ manager in the denial or revocation of a permit as provided by
this article shall have the right to appeal to the village council by filing written
notice thereof with the village clerk within fourteen (14) days of such denial or
revocation and setting forth the grounds for the appeal. The council shall set a
time and place for hearing on such appeal and shall so notify �pplicant by mail
not less than five (5) days prior to such scheduled hearing_
Sec. 17 -94. Enforcement.
The provisions of this section shall be enforced in accordance with section 1 -8
of this code.
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Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 26th DAY OF FEBRUARY, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 12TH DAY OF MARCH, 2015.
(Village Seal)
ATTEST:
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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VILLAGE ATTORNEY
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MAYOR
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