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HomeMy WebLinkAboutO-91-15ORDINANCE NO.: 0-91-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, REGULATING THE DISTRIBUTION OF HANDBILLS WITHIN THE CITY OF SEBASTIAN, FLORIDA; PROHIBITING THE DISTRIBUTION OF HANDBILLS ON PRIVATE PROPERTY; PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION iN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, may lawfully regulate the distribution of handbills within the City; and WHEREAS, the City Council of the City of Sebastian has determined that the unrestricted distribution of unwanted and unclaimed handbills leads to their accumulation on private property creating waste and litter which impairs the appearance of the City and adversely affects the aesthetic quality of life of the public and citizens of the City of Sebastian; and WHEREAS, the City Council has further determined that the accumulation of unwanted and unclaimed handbills creates the impression that the property on which such handbills have accumulated is vacant or uninhabited and, thus, invites the commission of crimes in and upon said property, including vandalism and burglaries; and WHEREAS, the regulation of the distribution of handbills is necessary in order to better promote and protect the health, safety and welfare of the public and citizens of the City of Sebastian. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Section 3-18 of Chapter 3 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended in its entirety to provide as follows: "Sec. 3-18. Handbills Prohibited on Private Property. unless otherwise permitted as provided herein, it shall be unlawful for any person to throw, discard, place, deposit or otherwise dispose of any handbill in or upon private property." Section 2. Section 3-19 of Chapter 3 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended in its entirety to provide as follows: "Sec. 3-19. Exception. Notwithstanding the prohibition contained in Section 3-18, it shall be lawful for any person to deliver or transmit any handbill in or upon private property when said delivery or transmittal is made directly to the owner, occupant or other person then present in or upon such private property. Provided, however, that no person shall attempt to deliver or transmit any handbill upon any private property if requested not to do so by anyone thereon, or if there is placed on such property a sign bearing the words: "No Trespassing," "No Solicitors," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of such property do not wish to have their right of privacy disturbed, or to have any handbills delivered in or upon such property." 2 Section 3. Section 3-20 of Chapter 3 of the Code of Ordinances of the City of Sebastian, Florida, is hereby deleted in its entirety. Section 4. Section 3-23 shall be added to Chapter 3 of the Code of Ordinances of the City of Sebastian, Florida, and shall read in its entirety as follows: "Sec. 3-23. Violation Subject to Criminal Prosecution. The code enforcement board shall have jurisdiction and authority to hear and decide alleged violations of the provisions of this Article II. This shall not, however, preclude the referral of violators to the appropriate governmental agency for criminal prosecution in accordance with the provisions of Section 403.413(5), Florida Statutes." Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman /~ The motion was seconded by Councilman '/~.~ and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this /~ day of ~ , 1991. ~T?ST: ~ Kathry~ M. 0 ~allorah, "' CMC/AAE, City Clerk W.E. COn~e~ayor (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing ~as held on this Ordinance at 7:00 p.m. on the /~ day of ,./~ , 1991, and that following said publi~-~ring th~ ~dinance was passed by the City Council. Kathryn//M. O'Halloran, CMC/AA~, City Clerk Approved ~s to Form and Content: Charles Ian Nash, City Attorney 5