HomeMy WebLinkAboutOrdinance 2000-92
ORDINANCE NO. 2000- cy 2..
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING SECTION 3 "DISTRIBUTING ON PREMISES OF
ANOTHER-WHEN PROHIBITED" OF ORDINANCE NO. 98-38
PERTAINING TO THE ELIMINATION OF HANDBILLS; FURTHER
PROVIDING FOR PERMISSION TO DISTRIBUTE HANDBILLS IN
ANY PLACE IN COMPLIANCE WITH PARTICULAR REGULATIONS
AND FURTHER AMENDING THE ORDINANCE TO PROHIBIT
HANDBILLS FROM BEING DISTRIBUTED UPON ANY PUBLIC
BEACH; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 25, 1998, the City Commission passed Ordinance No. 98-30,
pertaining to the elimination of handbills and making it unlawful to knowingly permit or employ
any person to place any handbill on any motor vehicle in a public street, highway, parking lot or
place, and providing for prohibition of distributing handbills on the property of another when
prohibited; and
WHEREAS, the City Commission wishes to set forth regulation with strict compliance
in connection with any person who is permitted to distribute a handbill; and
WHEREAS, the City Commission wishes to prohibit the distribution of handbills on the
public beaches;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Ordinance No. 98-38 is hereby amended as follows:
Section 3 is amended to include the following subsection:
(a)
In the event the owner or manager of premises permits another to distribute or
place handbills, the persons distributing the handbill shall at all times carry a
means of personal identification, which shall be exhibited to any person
requesting such identification.
Section 2.
Ordinance No. 98-38 is further amended to include the following section:
1. "No person shall distribute any handbill in any public place within the City except in
compliance with the following regulations:
(a) The person desiring to distribute handbills shall furnish to the Chief of Police a
complete list of names of all persons who will actually engage in the distribution
of the handbills.
Handbill Ordinance Amendment
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(b) If the person desiring to distribute handbills is a corporation, the list furnished to
the Chief of Police shall include the address of the corporation's registered office
and principal place of business, and the name and address of the corporation's
registered agent.
( c) The list shall be accompanied by a specific description of the location of the
intended distribution, including boundaries of the area of distribution and the
intended starting and ending date of distribution.
(d) All persons distributing the handbills shall at all times carry a means of personal
identification, which shall be exhibited to any person requesting such
identification.
(e) No persons distributing handbills shall stand or walk upon the paved portion of
the right-of-way of any street, road or highway in the city while engaged in the
distribution of handbills.
(f) No person distributing handbills shall block or impede the flow of pedestrian,
bicycle or motor vehicle traffic on any public sidewalk, bicycle path or street, or
within any public parking lot.
(g) No distribution of handbills shall take place within any building owned or leased
by the city or at any city recreational facility, except in an area within or at each
such building or facility specifically designated by the City Manager for such
purpose. The City Manager shall designate an area within or at each such
building or facility for such purpose.
(h) No handbills shall be distributed upon any public beach.
(i) No person shall deposit, fasten, throw, scatter or cast any handbill in or upon any
motor vehicle, except to an occupant thereof by hand delivery.
(j) Handbills shall not be distributed except by hand delivery to a person.
2. At the end of the time period designated by the distributor in the original notification
to the Chief of Police, the distributor shall not thereafter distribute handbills in the City without
again complying with all the requirements of this section.
3. The provisions of this section shall not apply to the distribution of noncommercial
handbills."
Section 3. Repealer All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
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Section 4. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall be included and incorporated into the Code
of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this
Ordinance may be renumbered to conformed to any uniformed numbering system.
Section 6. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED AND ADOPTED on first reading the 13th day of April, 2000
, 2000.
ATTEST:
~~1~~\lP~~
Richard Brown-Morilla, City Clerk
'APPROVED AS TO FORM
ANn LEGAL SUFFICIENCY:
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VOTE:
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Irving Turetsky
(yes) V
(yes) V
(yes) ~
(yes) Y
(yes) -JL:.
(no)_
(no)_
(no)_
(no)_
(no)_
HandbiII Ordinance Amendment
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