ORDINANCE NO. 07-2024  AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF JUPITER INLET COLONY,FLORIDA AMENDING CHAPTER 11 - PEDDLERS AND SOLICITORS OF THE CODE OF ORDINANCES OF THE TOWN OF JUPITER INLET COLONY IN ORDER TO REVISE EXISTING REGULATIONS AND TO ADOPT NEW REGULATIONS TO GOVERN COMMERCIAL AND CHARITABLE SOLICITATIONS WITHIN THE TOWN; PROVIDING FOR THE PURPOSE OF SUCH REGULATIONS; PROVIDING DEFINITIONS AND THE REQUIREMENT FOR A PERMIT AND PERMIT FEES; PROVIDING AN APPLICATION AND APPEAL PROCEDURE; PROVIDING THAT TOWN RESIDENTS MAY POST A "NO SOLICITING" SIGN AT THEIR PROPERTY; PROVIDING FOR A LIMITATION ON HOURS FOR SOLICITATIONS AND THE TERM OF A PERMIT; PROVIDING AUTHORITYTOCODIFYPROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND  FOR OTHER PURPOSES  NOW, THEREFORE, BE IT ENACTED BY THE TOWN COMMISSION OF THE SECTION1. Chapter 11 PEDDLERS AND SOLICITORS of the Code of Ordinances of the Town of. Jupiter Inlet Colony, Florida is hereby amended by amending Sections 11-1 and 11-  TOWN OF JUPITER INLET COLONY, FLORIDA, AS FOLLOWS:  2 and adopting new Sections 11-3 through 11-11 which shall read as follows:  Sec. 11-1.Loud noises and amplifying devices.  No peddler or solicitor nor any person in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets,alleys; parks, easements, beaches or other places of the municipality Town or upon any private premises in the municipality Town where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys; parks, easements, beaches or other public places for the purpose of attracting attention to any goods, wares or merchandise which such lieensee permittee proposes to  sell.  Sec. 11-2. Use of public streets.  No peddler or solicitor shall have exclusive right to any location in the public streets or beaches within the Town, nor shall any be permitted a stationary location within the Town-nor alhehe-pemitisiceaye-wwlipaimpdes: meveiese-e-palia-erdepwpwesfafepise-alie:    ersisalingaw-ai.ahaedamtsaNehrwwomg-siaorla  publieimpedederincenvenieneed: See.1-3. 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OFd-Ne.2-5%,AFt-H,727-59) Sec.11-3. Purpose  The purpose of the Town in enacting and enforcing Chapter 11i is to regulate commercial and charitable solicitation activity within the Town and to protect the residents ofthe Town from exposure to undesirable solicitation practices and from exposure to fraud and related crimes.  Sec. 11-4. Definitions.  The word "peddler" or "solicitor" as used in this Chapter shall mean any individual, whether aresident of the Town or not, traveling either by foot or motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, distributing commercial advertising material. selling or taking or attempting to take orders for sales of goods. wares, merchandise, services or personal property, or soliciting charitable contributions within the  Town.  Sec. 11-5. Permit and Business Tax Receipt required.  Itshall be unlawful for any peddler or solicitor to engage in such business or activity within the corporate limits of the Town without first obtaining a permit pursuant to this Chapter and a  business tax receipt in compliance with Chapter 14A oft the Town Code.    Sec. 11-6. Application for Permit and License.  Applicants for permit under this Chapter must file with the Town Chiefo of Police, or hisor her designee. a sworn application in writing, which shall give the following information: (1) The name, permanent and local address and e-mail address oft the applicant. (2) The applicant's age, sex. height, weight and other identifying characteristics. (3) A brief description of the nature of the business and goods or services to besold. (4) The street address and e-mail address of any employer, together with credentials  establishing the exact relationship.  (5) The length oft time desired for conducting business or solicitations.  (6) The place where the goods or merchandise involved are produced. stored or located, and (7) A current photographic likeness oft the applicant sufficient to establish identification. (8) The license tag number and description of any vehicle to be used by the applicant. (9) In the discretion of the Chief of Police, or designee. an applicant seeking a permit and license hereunder shall be required to furnish and submit fingerprints. The Chief of Police, or designee. shall have the further discretion to withhold such permit and license,  the proposed method of delivery.  pending full investigation of the applicant. Sec.11-7.I Investigation of applicant.  Upon receipt of an application, the Chief of Police. or designee. shall investigate the applicant's! business practices. character and reputation, including, but not limited to any criminal background. and shall either grant or reject such application and provide notice  ofsuch action to the applicant. Sec. 11-8. Right ofappeal.  Any person aggrieved by the action of the Chief of Police, or designee. in the denial ofa permit asprovided by this Chapter shall have the right to appeal to the Town Commission by filing written notice thereof with the Town Clerk within 14 days of such denial, and setting forth the grounds for the appeal. The Town Commission shall set a time and place for a hearing on such appeal and shall SO notify the applicant, by mail or email, not less than five days prior to such  scheduled hearing.  Sec. 11-8. Trespassing or remaining on restricted premises.  Itshall be unlawful for any person holding a permit under this Chapter to go on the private residence of any person within the Town which has been posted by a sign at or near the front entrance reading "No Soliciting." or words of similar import, or to remain upon the premises of any private residence within the Town after having been requested to leave by the occupant.    Sec. 11-9. Limitation on hours for solicitation.  No person holding a permit under the provisions of this Chapter shall engage in any solicitation or sales activity on Sundays nor at timesother than between the hours of 9:00 a.m. and 6:30 p.m. during the remainder of the week. unless by appointment or invitation of the owner or  occupant oft the premises to be visited.  Sec. 11-10. Permit fee.  Apermit fee shall be charged by the Town for any permit or license issued under this Chapter. Such fee shall be set by Resolution of the Town Commission as may be amended from time to  time.  Sec. 11.11.Term ofpermit.  Ap permit issued under this Chapter shall be valid for a period of3 30 days.  SECTION2. Specific authority is hereby granted to codify and incorporate this Ordinance SECTIONI3. Ifany clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions  into the existing Code ofOrdinances of the Town of. Jupiter Inlet Colony, Florida.  of this Ordinance.  SECTION4. That all ordinances or parts or ordinances, resolutions or parts ofresolutions SECTION6. This Ordinance shall become effective immediately upon passage.  in conflict hereby, be and the same are hereby repealed to the extent of such conflict.  FIRST READING this 10th day of] JUNE, 2024.  SECOND READING and FINAL PASSAGE this 8th day ofJULY,2024.  TOWN OF JUPITER INLET COLONY, FLORIDA  Mayor Ed Hocevar  Vice Mayor Mark Ciarfella    ATTEST:  Commissioner William "Bill" Muir Commissioner Marie Rosner Commissioner Sharon Seagren  Ivelisse Chico-Randazzo, Town Clerk