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HomeMy WebLinkAbout1982-05`y= pp� INDIAN RIVER COUNTY ORDINANCE NO. 82-5 AN ORDINANCE REGULATING TRANSIENT MERCHANTS; PROVIDING DEFINITIONS; PROVIDING FOR LICENSING REQUIREMENTS; PROVIDING FOR LICENSING FEES; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the unregulated propagation of transient merchants in Indian River County creates traffic hazards along the roadsides of the County's thoroughfare system, and WHEREAS, the existence of roadside stands in areas of the County where the proper zoning does not exist defeats the intent and purpose of the County's overall zoning and planning efforts, and WHEREAS, it is now the intent of the Board of County Commissioners of Indian River County to require the licensing of transient merchants and to regulate the areas where such businesses may be conducted, and WHEREAS, Florida Statutes Sec. 125.01 grants the power to non -charter counties to prepare and enforce comprehensive plans for the development of the County, establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public and provide and regulate arterial and other roads. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section I. Definitions For the purposes of this Ordinance the following terms shall be given the meanings set forth below; 1. Transient Merchant: Is any person or business entity that engages in the sale of any personal or real property, including but not limited to food products, agricultural products, and merchandise, from vehicles or temporary pavilions on or along public or private streets or from vacant lots, with the following exceptions; A) any person selling agricultural products from the property upon which he or she grew the produce provided the products are not offered for,sale in the road right-of-ways, and B) Any person who sells his or her own property which was not acquired for resale, barter or exchange and does not conduct such sales or acts as a participant by furnishing property for sale in such a manner more than three times during any calendar year (i.e. garage sales, rummage sales, white elephant sales, etc.) when the property is not offered for sale in the road right-of-way. 2. Temporary Pavilion; is any device, structure, tent, grouping of tables, or any other display technique or apparatus that is not a permanent structure built pursuant to a valid Indian River County Buildinq Permit in accordance with all applicable building codes, rules and regulations and the zoning code of Indian River County. Section II. License Required, Conduct Prohibited a) Conduct Prohibited. It shall be unlawful for any person or business entity to engage in the business of a transient merchant in Indian River County without having first obtained a Transient Merchant Business License from the Tax Collector of Indian River County, Florida. It shall be unlawful for any transient merchant to conduct business along public or private streets or from vacant lots except as specified on the license required by this Ordinance. It.shall be unlawful for any person or business entity to engage in the business of a transient merchant along, in front of or on any property that does not carry a commercial, industrial or agricultural zoning classification under the Zoning Code of Indian River County. b) Application for License. Applications for a license to conduct business as a transient merchant shall be submitted to the Tax Collector and shall contain the following information; A) Name, permanent address and telephone number of applicant/owner. B) Florida sales Tax number of applicant/owner. C) The exact location where the merchandise will be displayed and sold. D) A letter from the owner of the property from which the merchandise will be displayed and sold granting permission to the transient merchant to conduct business at said location. If the display and sale of the merchandise is anticipated to occur within the County right-of- way a similar letter must be obtained from the abutting property owner. E) A certificate from the Zoning Department of Indian River County indicating that the area proposed for the display and sale carries a commercial, industrial or agricultural zoning classification. No occupational license will e be issued by the Tax Collector without this certificate. Section III. License Fee and Display The License Fee for conducting business as a transient merchant shall be the sum of Fifteen ($15.00) Dollars per year payable in advance. The license shall be displayed in a prominent place at the location where the merchandise is sold. Section IV. Enforcement The Sheriff of Indian River County shall cause sufficient inspections to occur to insure compliance with the provisions of this Ordinance. The Board of County Commissioners of Indian River County may authorize the County Attorney to bring civil proceedings in the Circuit Court of the 19th Judicial Circuit to enforce the provisions of this Ordinance. Section V. Penalty Any person or business entity who violates the provision of this Ordinance, upon conviction shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars or by imprisonment in the County Jail not to exceed sixty (60) days or by both such fine and imprisonment. A separate offense shall be deemed committed for each day the violation continues. Section VI. Severability If any section, sub -section, paragraph, sentence, clause or phrase of this Ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions which shall remain in full force and effect. To this end, the provisions of this Ordinance are declared to be severable. Section VII. Repeal of Conflicting Laws Any provision of any ordinance or laws of Indian River County existing on the effective date of this Ordinance, which are in conflict with the provisions contained herein, shall be deemed repealed to the extent of such conflict. -3- Section VIII. Effective Date This Ordinance shall take effect as provided by law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on thisl7th day of February, 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS DON C. SCURLOCK, JR. Chairman Acknowledgement by t e Department of State of the State of Florida this 4320 day of 1982. Effective Date: Acknowledgement from the Department of State received on this q4 4*day of- , 1982, at 4:0 c9 -Ar.-M-/P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Approved as to form and legal sufficiency. By: ! Y RANDE URG C u ty Atto -4- STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK BY D p D.C. DATE a Aa -4 2'-