Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-49, 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 112.06, Posting of Signs; Amending Section 112.07, Hours of Solicitation; Amending Section 112.08, Enforcement; Amending Section 112.08, 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 112.24, Issuance; Identification Card; Amending Section 112.25, Fee; Adjustment by City Manager; Amending Section 112.27, Expiration; Renewal and Due Date; Delinquency; Amending Section 112.28, Badge to Be Worn; Amending Section 112.29, Exhibition of Permit Upon Request; 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: Richard Del Toro, Acting Chief of Police
Strategic Plan Link: The City’s Mission to be responsive to our community.
Executive Summary (General Business): The Port St. Lucie Police Department understands the importance of protection our resident’s basic rights, which include the freedom to solicit one’s business. The PSLPD also has the duty to protect the resident’s overall safety and security. Therefore, it was deemed necessary to enhance 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 Withdraw this request on the August 28, 2023 Regular City Council Meeting Agenda.
Alternate Recommendations:
1. Move that the Council amend the recommendation and
2. Move that the Council
Background: Solicitor permits are completed by the PSLPD’s Records Section to ensure the solicitor’s 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 and enhance 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. Therefore, revisions were made to Ch. 112 that solidifies that solicitors may not solicit at certain locations and the hours of soliciting door-to-door shall be amended from the current time frame of 10:00 a.m. to 4:00 p.m., to a new time frame of 8:00 a.m. to Sunset each day, as determined and posted by the National Weather Service.
Issues/Analysis: The PSLPD and the City of Port St. Lucie understand that persons and businesses have the right to communicate commercial speech using solicitation. It is the PSLPD’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: N/A
Location of Project: Citywide
Attachments: Chapter 112 Ordinance with Revisions, Request to Table
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: 8542
Legal Sufficiency Review:
Reviewed by Frank Moehrle, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.