3848ORDINANCE NO. 3848
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
PROVIDING FOR THE LICENSING OF SOLICITORS;
PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT;
PROVIDING FOR THE REQUIREMENT OF LICENSES,
APPLICATIONS, TERMS AND TRANSFERS; PROVIDING
FOR LICENSE SUSPENSION AND REVOCATION;
PROVIDING FOR PROHIBITED ACTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABIUTY; PROVIDING
FOR PENALTIES; PROVIDING FOR CODIFICATION AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the citizens of the City of Sanford desire to maintain a peaceful and
tranquil home life and to enjoy their homes free from disruptions and interference; and
WHEREAS, in addition to other essential rights of citizenship, the right of privacy
is a right that is becoming more important and more respected in contemporary society;
and
WHEREAS, under the current environment of our nation and with the threat of
criminal activity, to include, but not be limited to, scams and consumer crimes and abuses
upon senior citizens, it serves an important public interest to protect the sanctity and
security of the personal residences of the citizens; and
WHEREAS, the City Commission of the City of Sanford has consistently acted in
order to protect the integrity of residential areas, home place, and commercial areas and
structures such as by means of the enactment of Ordinance Number 3846; and
WHEREAS, the Chief of Police, Brian Tooley, has testified before the City
Commission of the City of Sanford and stated that the provisions of this Ordinance are
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Ordinance Number 3848
reasonable and necessary to protect residents of the City of Sanford and the welfare of the
public; and
WHEREAS, instituting a reasonable system of licensing relating to solicitors serves
a valid and legitimate public purpose and benefits the public health, safety and welfare;
and
WHEREAS, it is the goal and desire of the City Commission of the City of Sanford
to maintain and ensure the continuation of the high quality of life of citizens of the City of
Sanford; and
WHEREAS, the City Commission has concluded that the enactment of this
Ordinance represents the least restrictive alternative to address the public concern and
public issues addressed by this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS/INTENT.
(a) The above recitals set forth in the whereas clauses of this Ordinance are
adopted by the City Commission as legislative findings.
(b) This Ordinance shall be applied in harmony with the provisions of Ordinance
Number 3846 relating to panhandling and the enactment of Ordinance Number 3847
relating to solicitations occurring along rights-of-way.
~ ~. The following words and phrases shall have the
meanings as hereinafter defined when used in this Ordinance:
(a) Peddler or hawker means any person who does not have a regular fixed
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place of business within the City and who engages in the business of selling or offering to
sell goods or services by going from place to place within the City. This definition includes
persons engaging in vehicular mobile sales such as ice cream trucks or vans.
(b) Personmeans a natural person or any firm, corporation, association, club,
society or other organization.
(c) Solicitormeans any person who, not having been invited by the occupant,
solicits contributions from the public from door to door or place-to-place and any person
who solicits the purchase of any type of goods, wares, merchandise or proper[y, of any
nature, by going from door-to-door or place to place within the City to include, but not be
limited to, any person who offers for sale subscriptions to magazines or other materials
protected by provisions of the First Amendment to the Constitution of the United States of
America. The term "solicitor~' is synonymous with and, includes hawkers and peddlers.
This definition also includes any person or entity who solicits orders and as a separate
transaction makes deliveries to purchasers as par[ of the scheme to evade the provisions
of this Ordinance.
SECTION 3. LICENSE REQUIRED: APPLICATION: ISSUANCE: TERM.
(a) Except as hereinafter provided, all solicitors desiring to sell or offer for sale
any goods, wares, merchandise or proper[y, door-to-door or place-to-place in the City of
Sanford shall first obtain a license therefor, to be issued by the City Manager, or designee,
and to that end shall make application to such City Manager, or designee, for such license.
(b) Upon the recommendation or approval of the Chief of Police, in writing, the
City Manager, or designee, may issue a license to such person, firm or corporation to act
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Ordinance Number 3848
as a solicitor thereby authorizing them to sell or offer for sale any goods, wares,
merchandise or property within the City for a period of up to twelve (12) months from the
date of the issuance of such license. Such licenses may be issued subject to conditions
imposed by the City Manager, or designee.
(c) An administrative processing fee for a solicitor's license shall be established
by resolution of the City Commission and said administrative processing fee shall be paid
when the application is filed with the City Manager, or designee.
(d) The City Manager shall waive the administrative processing fee for bona fide
charitable organizations which are located within the City Limits.
SECTION 4, RESTRICTIONS AS TO CERTAIN ACTIVITIES.
(a) No solicitor engaging in vehicular mobile sales selling or distributing any food
items or any other items shall park or stop his or her vehicle for the purpose of making a
sale of such items in an area which is closer than three hundred feet (300') to a school
building between the hours of 7:00 a.m. and 5:00 p.m. on days which school is in session,
as measured from the closest point of the property upon which the building is located to
the location on which the vehicle is parked.
(b) Any solicitor engaging in vehicular mobile sales parking in any permissible
area within the City must comply with all State and local law relating the regulation of traffic
or right-of-way including, but not limited to, stopping with the right wheels to the curb, and
shall only be allowed to park for that amount of time which it takes to serve a customer.
(c) No solicitor engaging in vehicular mobile sales selling or distributing any
prepared foodstuffs such as, but not limited to, hot dogs and hamburgers, shall park or
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Ordinance Number 3848
stop his or her vehicle for the purpose of preparing and selling such foodstuffs to a
customer in any area other than that area so designated as their authorized sales area
under a license issued pursuant to this Ordinance.
(d) It is unlawful to sell, or offer for sale, goods, wares, or merchandise in
violation of this Section.
SECTION 5. TRANSFER OF LICENSE. No license issued under this Ordinance
shall authorize any person, firm or corporation other than the one (1) named therein to act
thereunder. Licenses are not transferable.
SECTION 6. FAILURE TO EXHIBIT LICENSE AND IDENTIFICATION. It is
unlawful for any person licensed under this Ordinance to fail, upon proper demand of any
law enforcement off3cer, to display or exhibit to such officer his or her license and personal
identification.
SECTION 7. EXEMPTION/CLAIM OF EXEMPTION,
(a) Nothing herein contained shall apply to milkmen, vendors of bona fide
newspapers, to bona Ate elementary, middle or high school groups engaged in fundraising
or to charitable organizations with bona fide physical headquarters located in the City.
(b) Any person claiming to be legally exempt from the regulations set forth in this
Ordinance, or from the payment of a permit fee, shall cite to the City Manager the statute
or other legal authority under which exemption is claimed and shall present to the City
Manager proof of qualification for such exemption.
SECTION 8, PROHIBITED ACTS.
(a) In addition to the unlawful acts otherwise enumerated in this Ordinance, the
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acts set forth in this Section are unlawful.
(b) It is unlawful for any solicitor to ring the bell, or knock on the door, or
otherwise attempt to gain admittance of a business or residence for the purpose of
peddling or soliciting at any residence, dwelling or apartment at which a sign bearing the
words "No Peddler or Solicitors," or words of similar import indicating that such persons
are not wanted on said premises, is painted, affixed or otherwise exposed to public view.
(c) It is unlawful for any solicitor to fail to disclose to the prospective buyer, upon
request, the name of the company, product or organization that he or she represents, and,
if requested so to do, to leave the premises immediately.
(d) It is unlawful for any solicitor to conduct door-to-door sales, promotions or
solicitations at any residence between the hours of 8:00 p.m. and 9:00 a.m.
(e) It is unlawful for a solicitor to threaten or harass any person in the course of
their solicitation or in any way engage in any conduct which is or would tend to create a
nuisance.
SECTION 9. LICENSE SUSPENSION.
(a) A license may be suspended by the City Manager for a period not to exceed
ninety (90) days upon his or her own investigation or upon certification by the Chief of
Police, or designee, that:
(1) A licensee has provided false information on an application; or
(2) A licensee has engaged in conduct in violation of this Ordinance or of the
criminal laws of the State of Florida of the United States.
(b) A licensee shall be given written notice of the cause and terms of the
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Ordinance Number 3848
Attest:
· ~'anet R. Dougherty, ~ity Cler~
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3848, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 22nd day of
March, 20~0~tTwas posted at the front door of the City Hall in the City of Sanford, Florida,
on the:.~2,~~-d~ day of March, 2004.
J~et R. Dougherty, Cid Clerk
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Ordinance Number 3848
acts set forth in this Section are unlawful.
(b) It is unlawful for any solicitor to ring the bell, or knock on the door, or
otherwise attempt to gain admittance of a business or residence for the purpose of
peddling or soliciting at any residence, dwelling or apartment at which a sign bearing the
words "No Peddler or Solicitors," or words of similar import indicating that such persons
are not wanted on said premises, is painted, affixed or otherwise exposed to public view.
(c) It is unlawful for any solicitor to fail to disclose to the prospective buyer, upon
request, the name of the company, product or organization that he or she represents, and,
if requested so to do, to leave the premises immediately.
(d) It is unlawful for any solicitor to conduct door-to-door sales, promotions or
solicitations at any residence between the hours of 8:00 p.m. and 9:00 a.m.
(e) It is unlawful for a solicitor to threaten or harass any person in the course of
their solicitation or in any way engage in any conduct which is or would tend to create a
nuisance.
SECTION 9. LICENSE SUSPENSION,
(a) A license may be suspended by the City Manager for a period not to exceed
ninety (90) days upon his or her own investigation or upon certification by the Chief of
Police, or designee, that:
(1) A licensee has provided false information on an application; or
(2) A licensee has engaged in conduct in violation of this Ordinance or of the
criminal laws of the State of Florida of the United States.
(b) A licensee shall be given written notice of the cause and terms of the
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Ordinance Number 3848
suspension and of the right to have such suspension reversed, modified or affirmed
following a hearing to be conducted by the City Commission. At the hearing, the licensee
shall have the right to hear the evidence relied upon by the City Manager and the right to
present evidence and witnesses on his or her behalf. After the hearing, the City
Commission shall issue a decision in writing.
SECTION 10, LICENSE REVOCATION.
(a) A license may be revoked by the City Commission upon request of the City
Manager after a hearing at which it is shown that:
(1) A licensee has provided false information on an application; or
(2) A licensee has violated the terms of a suspension; or
(3) A licensee has engaged in conduct in violation of this Ordinance or of the
criminal laws of the State of Florida of the United States.
(b) Reasonable written notice of the hearing shall be given to the licensee. The
written notice shall be mailed by regular mail to the license holder and shall set forth the
alleged violation and also the date, time and place of the hearing before the City
Commission. At the hearing, the license holder shall have the right to present evidence
and witnesses on his, her or its behalf. After the hearing, the City Commission shall make
its decision as to whether to suspend or revoke the license and, after the hearing, shall
reduce its decision and the reasons therefor in writing.
SECTION 11. PENALTIES Any person violating any of the provisions of this
Ordinance shall be punished to the maximum extent as provided in State law. Upon finding
that a solicitor or the solicitor's organization is violating any provision of this Ordinance,
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Ordinance Number 3848
a police officer or other designated official shall issue a warning to cease the solicitation.
Continuation of the prohibited solicitation will subject the solicitor(s) to arrest or any other
enforcement action and penalty as provided in law. The City may engage in any other code
enforcement activities and processes, as it deems appropriate under the circumstances.
SECTION 12. CONFLICTS. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed; provided, however, that Ordinance Number 3846 and
Ordinance Number 3847 shall be applied, codified and implemented, in conjunction with
this Ordinance.
SECTION 13. SEVERABILITY. If any section, sentence, phrase, word, or portion
of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word or portion of this Ordinance not otherwise
determined to be invalid, unlawful or unconstitutional.
SECTION 14. ~. This Ordinance shall be codified in the City Code
ofthe City of Sanford except that Sections 12, 13, 14 and 15 shall not be codified.
SECTION 15. EFFECTIVE DATF. This Ordinance shall become effective
immediately upon its passage and adoption.
PASSED and ADOPTED this 22nd day of March, 2004.
Cit..~_j~ommission of the~.~ of
~y~C rot~
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Ordinance Number 3848
Attest:
~anet R. Dougherty, ~ity Cler~
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3848, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 22nd day of
March, 20?~l~tTWas posted at the front door of the City Hall in the City of Sanford, Florida,
on the.~2 .~-~ day of March, 2004.
Janet R. Dougherty, Ci(~ Clerk
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Ordinance Number 3848