HomeMy WebLinkAbout1997-154/21/97(ord\amend 312)Ow
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, PROHIBITING SOLICIT-
ING ON RIGHT-OF-WAY IN INDIAN RIVER
COUNTY.
WHEREAS, the solicitation by pedestrians directed to persons in
automobiles creates a hazardous situations for the pedestrians as well as
persons in automobiles; and
WHEREAS, it is in the public health, safety and welfare to limit areas
where solicitations may take place in the right-of-way,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
1. Definition Amendment.
(8) Street: The area of the public right-of-way which is
intended for normal vehicular traffic, including paved or unpaved
roadways but not including services entrances or driveways
leading from the roadways onto adjoining property.
2.
Prohibited
Activity
Paragraph (8) of Section
312.04 is amended
by the addition
of the word
street to follows:
read as
(8) Street: The area of the public right-of-way which is
intended for normal vehicular traffic, including paved or unpaved
roadways but not including services entrances or driveways
leading from the roadways onto adjoining property.
A new subparagraph (o) is added to Section 312.06(1) to read as follows:
(1) Except as provided in section 312.05, it shall be unlawful and subject
to penalties provided herein for any person, corporation or utility company,
public or private to:
(o) Beg, peddle, solicit, or canvass on any right-of-way as defined in
Section 312.04(6) other than a sidewalk as defined in Section 312.04(7),
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this
ordinance is for any reason held to be unconstitutional, inoperative, or void,
such holding shall not affect the remaining portions of this ordinance, and it
shall be construed to have been the legislative intent to pass the ordinance
without such unconstitutional, invalid or inoperative part.
2.
Prohibited
Activity
Amendment.
A new subparagraph (o) is added to Section 312.06(1) to read as follows:
(1) Except as provided in section 312.05, it shall be unlawful and subject
to penalties provided herein for any person, corporation or utility company,
public or private to:
(o) Beg, peddle, solicit, or canvass on any right-of-way as defined in
Section 312.04(6) other than a sidewalk as defined in Section 312.04(7),
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this
ordinance is for any reason held to be unconstitutional, inoperative, or void,
such holding shall not affect the remaining portions of this ordinance, and it
shall be construed to have been the legislative intent to pass the ordinance
without such unconstitutional, invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
A certified copy of this ordinance, as enacted, shall be filed by the Clerk
with the Office of the Secretary of State of the state of Florida within ten days
after enactment, and this ordinance shall take effect upon filing with the
Secretary of State.
Approved and adopted by the Board of County Commissioners of Indian
River County, Florida, on this 2 2 dayof A p r i l ,1997.
This ordinance was advertised in the Vero Beach Press -Journal on the
12 day of April 1997, for a public hearing to be held on the 2 2 day of
"Tp r i 1 1997, at which time it was moved for adoption by Commissioner
G i n n , seconded by Commissioner A rl a m c , and adopted by the
following vote:
Chairman Carolyn K. Eggert
Vice Chairman John W. Tippin
Commissioner Caroline Ginn
Commissioner Kenneth R. Macht
Commissioner Fran B. Adams
The .;Chairman . thereupon declared
adopted; this '. 2-,2 day of April 1997.
y ' h41
3 L
the ordinance duly passed and
BOARD OF COUNTY COMMISSION
Attes v 4 M INDIAN RIVER COUNTY, FLORIDA
Departmenf' of
By
Carolyi/K.- w:
zis ordinance became effective upon filing with the
which took place on 3 0 t Way of April 1997.
Indi2n Rivrt Ca Approved Date
Admin. a -
Legal
Budget C&
Dept. 2
Risk Mgr.1J/) ,J I Azj� All _67
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