Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-84, Public Hearing, An Ordinance of the City of Port St Lucie, Florida, Amending Ch. 112, Peddlers and Solicitors, Article I General Provisions, by Amending Section 112.01, Definitions; Amending Section 112.02, Exceptions; Amending Section 112.03, Permission of Homeowner or Occupant to Enter Premises; Amending Section 112.05, Harassment; Amending Section 112.07, Hours of Solicitation; Amending Section 112.09, Records of Violation; Creating Section 112.10, Right to Solicit at Reasonable Times, Places and Under Reasonable Circumstance; Amending Chapter 112, Peddlers and Solicitors, Article II Permits and Fees, by Amending Section 112.20, Permit Required; Amending Section 112.21, Application; Fee for Investigation; Amending Section 112.22, Investigation; Amending Section 112.23, Denial of Permit; Amending Section 112.24, Issuance; Identification Card; Amending Section 112.25, Fee; Adjustment by City Manager; Amending Section 112.27, Expiration; Renewal and Due Date; Delinquency; Amending Section 112.29, Exhibition of Permit Upon Request; Amending 112.30, Revocation; Notice of Hearing; Amending Section 112.31, Appeal of Decision; Amending Section 112.99, Penalty; Providing for Codification; Providing for Conflict; Providing for Severability; Providing an Effective Date.
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Submitted By: Office of the City Attorney
Strategic Plan Link: The City's Goal of safe, clean, and beautiful.
Executive Summary (General Business): The City of Port St. Lucie understands the importance of protection our residents’ basic rights, which include the freedom to solicit one’s business. The Port St. Lucie Police Department also has the duty to protect the resident’s overall safety and security. Therefore, it was deemed necessary to modify the provisions within Ch. 112, City Ordinance, regarding Peddlers and Solicitors.
Presentation Information: City Attorney is available to answer questions, if needed.
Staff Recommendation: Move that the Council approve and enact, after public hearing, the proposed ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve and enact the Ordinance as Amended.
2. Move that the Council disapprove the recommendation and provide staff with guidance and/or direction.
Background: Commercial solicitor permits are completed by the PSLPD’s Records Section to ensure the solicitors provide the necessary background information necessary to hold a solicitor’s permit within the City limits of Port St. Lucie. It was deemed appropriate to modify the parameters of Ch. 112 of the City Code (Peddlers and Solicitors), to ensure these individuals understand their rights to solicit as well as the rights of our residents. Upon consulting with the City Attorney’s Office, it was also deemed appropriate to update and/or set reasonable time, place and manner rules for such activity within the City. Therefore, proposed revisions were made to Ch. 112 providing, inter alia, that solicitors may not solicit at certain locations and the hours of soliciting shall be amended from the current time frame of 10:00 a.m. to 4:00 p.m., to a new time frame to be determined by the City Council after a public hearing.
Issues/Analysis: The City of Port St. Lucie understands that persons and businesses have the right to communicate commercial speech using solicitation. It is the Port St. Lucie Police Department’s due diligence to protect the residents by preventing fraud and criminal activity by requiring solicitors to be licensed through the Police Department. Therefore, it is necessary to modify the provisions within the Chapter 112, City Code - Peddlers and Solicitors.
Financial Information: N/A
Special Consideration: Requesting that this item be called and heard in conjunction with the corresponding settlement item (i.e., Resolution Authorizing the Settlement of Litigation [24-R08]) and that a block vote be made for both item.
Location of Project: City wide
Attachments: 112 Ordinance with Revisions
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23332-04
Legal Sufficiency Review:
Reviewed by Amber Izzo, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.