HomeMy WebLinkAboutO-16-02 Intersection SolicitationORDINANCE NO. 0-16-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; PROHIBITING SOLICIATIONS, SELLING
AND DISTRIBUTING TO MOTOR VEHICLES AT SPECIFIED
INTERSECTIONS; PROVIDING LEGISLATIVE FINDINGS;
REPEALING CONFLICTING PROVISIONS; PROVIDING
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA:
Section 1. Section 66-5.1 of the Land Development Code of the City of Sebastian,
Florida, is hereby created to read as follows:
Chapter 66
NUISANCES
"Sec. 66-5.1 Solicitation, Selling or Distributing to Motor Vehicles.
(a) Legislative Findings. The City Council of the City
of Sebastian, in the exercise of its legislative discretion,
finds and determines as a matter of fact that the busiest
and most dangerous intersections within the City are
those intersections controlled by traffic lights. It is at these
intersections that drivers need to be most alert and more
aware of their surroundings, including other motor
vehicles, bicyclists, pedestrians and the signals of traffic
control devices. People walking outside of the pedestrian
crosswalks and between lines of temporarily stopped
vehicles in an effort to solicit money or sell or distribute
items create an unnecessary distraction and pose an
unacceptable heightened risk and danger to the public
health, safety and welfare.
(b) Violation. It is unlawful and a violation of this
ordinance for any person to solicit money for any cause,
to sell any goods or services, or to distribute or attempt to
distribute any item to the operator or any occupant of a
motor vehicle at any of the following intersections in the
City of Sebastian:
Jackson Street & US #1
Main Street & US #1
Sebastian Blvd/CR 512(W) & US #1
Sebastian Blvd/CR 512(E) & US #1
Sebastian Blvd/CR 512 & Delaware Avenue
Sebastian Blvd/CR 512 & Easy Street
Sebastian Blvd/CR 512 & Fleming Street
Sebastian Blvd/CR 512 & Barber Street
Sebastian Blvd/CR 512 & Roseland Road
Barber Street & US #1
Schumann Drive & US #1, and
that portion of the intersection of Sebastian
Blvd./CR 512 and C/R 510 within the boundaries of
the City.
Section 2. Conflicts. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 4. Codification. The sections of the ordinance may be made a part of the
City Code of Laws and ordinances and may be re -numbered or re -lettered to
accomplish such, and the word "ordinance" may be changed to "section," "division," or
any other appropriate word.
Section 5. Effective Date. This ordinance shall take effect immediately upon
adoption.
The foregoing Ordinance was moved for adoption by Councilmember
ro y The motion was seconded by Councilmember
McPartlan and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Jerome Adams a y e
Councilmember Andrea Coy a y e
Councilmember Jim Hill a y e
Councilmember Richard Gillmor absent
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The Mayor thereupon declared this Ordinance duly passed and adopted this
7 3 t h day of TT, 2016.
CITY OF SEBASTIAN, FLA
By:
Bob McPartlan, Mayor
ATTEST:
J nette-Williain MMC
City Clerk_-
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
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