Ord. 12-09 – Approved

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[ Code of Ordinances ]
Ord. 12-09 – Approved

ORDINANCE NO. 12-09

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, RELATING TO CHAPTER 10 – OFFENSES-MISCELLANEOUS; AMENDING SEC. 10-4 – CHARITABLE SOLICITATIONS – AND SEC. 10-17- PEDDLERS AND SOLICITORS – PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is permissible to solicit and peddle within the Town; and

WHEREAS, it is desirable that solicitation and peddling be accomplished in a manner that maximizes safety for Town residents; and

WHEREAS, requiring solicitors and peddlers to carry proper identification reflecting who they are will work toward ensuring a safer environment;

NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Sec. 10-4 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 10 4. Charitable solicitations.

(a) State registration required. No charitable organization, as defined in section 496.02 404 Florida Statutes, shall conduct any activity within the town to solicit or receive funds or other charitable contributions of any nature from the public without having been registered or received exemption from registration by the Department of State, State of Florida, pursuant to Chapter 496, Florida Statutes.

(b) Certificate and information to be filed with clerk. All charitable organizations shall, prior to conducting any activity within the town to solicit or receive funds or other charitable contributions of any nature from the public, file with the town clerk a copy of its certificate from the department of state indicating its registration or exemption from registration. In addition, they will indicate to the town clerk the dates during which the solicitation is to be made and, where feasible, the names of the solicitors. Upon receipt of this information, the town clerk will issue a letter of authorization to the organization and furnish a copy to the police department for their information and guidance

(c) Each solicitor going door-to-door to residential units within the town will carry on his/her person at all times while soliciting within the town identification depicting his/her current photograph, full name, residence address, date of birth, and name of employer and/or the agency for whom he/she is soliciting.

SECTION 2. That Sec. 10-17 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 10-17. Peddlers and solicitors; invitation required; exceptions.

* * * * *

(d) Each solicitor/peddler going door-to-door to residential units within the town will carry on his/her person at all times while soliciting/peddling within the town identification depicting his/her current photograph, full name, residence address, date of birth, and name of employer and/or the agency for whom he/she is soliciting/peddling.

SECTION 3. Severability/Interpretation Clause.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of April, 2012, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of May, 2012.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC
Town Clerk