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Home My WebLink About1990-2710/23/90(ORD1)Legal(TPO/sb) ORDINANCE 90-27 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING PART 1 OF NEW CHAPTER 310 REGULATING THE DISTRIBUTION OF . WHEREAS, the distribution of unsolicited handbills often results in litter on lawns; and WHEREAS, the presence of handbills on residential property can become a signal to thieves that the property is unattended; _ NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County that: SECTION 1. AMENDMENT. new Part 1 of—new Chapter -31-0— i-sadded—as—set forth in Attachment "A". SECTION 2. SEVERABILITY. If any section, or if any sentence, paragraph, phrase -ter 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. This ordinance shall become effective on becoming law. Approved and adopted by the boaral 0# C -aunty Commissioners of Indian River County, Florida, on this day of _December 1 1990. This ordinance was advertised in the Vero Beach Pre-ss-laurnal an the L6 _ day of TQvember , 1990, for a public hearing to be held on the 11 - day of _Lg02,Ujb_, 1990, at which time it was moved for adoption by Commissioner Scurlock seconded by Commissioner Wheeler , and adopted by the following vote: SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:28:09 - OfficialDocuments:677, Attachment Id 0, Page 1 Chairman Carolyn K. Eggert _AYE _ Vice Chairman Richard N. Bird AYE Commissioner Margaret C. Bowman AYE _ Commissioner Don C. Scurlock, Jr. AYE Commissioner Gary C. Wheeler AYE _ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA APPROVED AS TO f ;Flt g AND �;6ALy r�--- --- Carolvn . Egger% hai,rman BY TERRENCc. P, G ca'II"`J. ASST, COUNTY AT OR `; Attest By Acknowledgment by the Department of State of "Che'late o.f Florida t is—ithdayay o Effective date: Acknowledgment from the Departmet'of S ate received on this 28th day of December a.m./p.m. and filecTin the Office of- FTf lerk of the hoard of County Commissioners of Indian River County, F}.o.'rida. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:28:09 - OfficialDocuments:677, Attachment Id 0, Page 2 10/8/90(code2)LEGAL(TPO/sb) ATTACHMENT "A" CHAPTER 310. SALES AND SOLICITATION Part I. Handbills § 310.01 § 310.02 § 310.03 § 310.04 fi0-.-0 5 § 310.06 § 310.07 Distribution generally Definitions Distribution in public places Distribution on private premises Distribut+on in vehi-cl-es-- Sponsorship identified Exemptions PART I. HANDBILLS Section 310.01 All handbills, as Indian River County the regulations set Distribution generally defined in this part, distributed in shall be distributed in accordance with forth in this part. SectFor31-0 02 Definitions The followings words, terms and phrases, when used in this part, have the meanings ascribed to them in this section, except where the con tex t !early indicates a different mean -Ing: Commercial handbill shall mean and include any printed or written matter, any shape or device, dodger, rirrt,lar_ leaflet- namnhlet. magazine. bumper sticker. booklet, or any written matter or literature, except newspapers, which•r a. Advertise any merchandise, product, service, commodity, or thing; b, Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sale, lease, —bene-fits+ft, or other promotion; Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or, While containing reading matter other than advertising matter, is essentially and SmeadSok Reprint Date: Monday, August 12, 2013 - 15:28:10 - ()ffcialDocuments:677, Attachment Id 0, Page 3 I predominantly an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain or any person or entity so engaged as advertiser or distributor. Distribute shall mean and includes - the—de-pos-its-ng, placing or throwing of handbills. 3. Newspaper shall mean and include any newspaper of generaI- c1-rcu-Vatfen as d -e -fined by genera -I- Iauv ny newspaper duly entered with the post office department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and including any periodical or current magazine published with not less than 4 issues per year, and sold to. pub-] ic. "Newspaper-" shall--nort incl -odea publication that is essentially and predominately advertising with some capsule news items which does not have regular subscribers and is distributed without costs cos s o the recipient. 4, Noncommercial handbills shall mean any other printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, bumper sticker, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definition of "commercial handbill," or "newspaper." 5. Private premises shall mean any dwelling, house, bui ding, or of er structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, drive, porch, steps, vestibule, or mailbox ng' , house,-dr-iveway,or her structure 6. Public place shall mean any and all street, boulevards, avenues, lanes, alleys, or other public right-of-ways, and any and all public parks, squares, spaces, plazas, grounds and buildings, and any commercial business or shopping center to which the public is regularly invited. Section 310.03 Distribution in public places No- handbi l-I-s--,-commercia-1 o -r no-ncommer-c-i�l shaA "e distributed: SmeadSok Reprint Date: Monday, August 12, 2013 - 15:28:10 - ()ffcialDocuments:677, Attachment Id 0, Page 4 a, On public rights-of-way which are used as highways, streets, roads, or alley, median strips in such rights-of-way and public parking lots; b. By sale on public property; or C. On public property other than by personal delivery to a person wishing to receive the handbill. 2: No h-andbi-1-1 s, commer-c-i-a-1 or noncomme-r-ci-a-I , s -a I1be distributed: a. Between the hours of 6:00 p.m. and 8:00 a,m, of the following day; b. In any manner in public parks or on beach land; C. By persons any closer than 150 feet from another person distributing the same handbill or working for the same principal; By personsnralking along with the intended recipient, but must be distributed instead from a stationary position; e. By insisting that -a- person take such handb; l l � f that person has already declined the offer. Section 310.04 Distribution on private premises 1. It shall be unlawful for any person to distribute any handbills in or upon private premises which are or appear to be temporarily or continuously uninhabited or vacant. If 2 or more handbills are in a receptacle, inside a door, on a porch, or are otherwise visible on the premises, such premises shall be considered vacant; however, the presence of unretrieved handbills shall not be the ex c l u s i ve --i-nd-i-c a -t -km- of u n i nh a bi-ted o r vacant premises. 2. It shall be unlawful for any person to distribute any handbill or newspaper in or upon any private premises if requested in writing by the owner or lessee of the premises not to do so. 3. It shall be unlawful for any person to distribute any handbill in or upon any private premises that is conspicuously posted No Trespassing, o Peddlers or Agents;' "No—Advertisement," "No-Handbi-l-ls,1' o -r any similar notice, indicating in any manner that the occupants of said premises do not desire to have their rights of privacy disturbed. 3 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:28:10 - ()ffcialDocuments:677, Attachment Id 0, Page 5 Section 310,05 Drs-tr-fttion—fn-vehicles It shall be unlawful to distribute any handbill in or upon any motor vehicle. The provisions of this section shall not prohibit tha handing of any handbi I I to the driver or other occupan#-af ant; gin+or nhir -L—who- V -wrH I -rig t-0—ampisame. Section 310.06 Sponsorship identified i s e u n l -a w-f-ua t o d -i -s -t -r --butte a4 y- h -a n b i I -I th a t des not contain the name and address of the person who is the sponsor of the handbill. Section 310.07 Exemptions The provisions of this part shall not apply to: 1. The distribution of mail by the United States Postal Service. Newspaper,2. , or other reading material for wh-i-chi—per-sons s u b s c-ri b e d 3. Distribution of the sponsor's handbills on the sponsor's premises. 4 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:28:10 - OfficialDocuments:677, Attachment Id 0, Page 6