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HomeMy WebLinkAboutOrdinance 96-21 ORDINANCE NO. 96-21, as amended AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SOLICITORS, PEDDLERS AND OPEN-AIR VENDORS; AMENDING SECTION 119-3 OF THE OCOEE CITY CODE BY ADOPTING NEW DEFINITIONS OF PEDDLER AND SOLICITOR AND BY REPEALING THE DEFINITION OF AGENT; REPEALING SECTION 119-27 OF THE OCOEE CITY CODE IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COHHISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapter 166, Florida statutes. SECTION 2. The definitions of "agent", "peddler" and "solicitor" set forth in section 119-] of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida are hereby repealed. SECTION 3. section 119-] of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended by the addition of new definitions of "peddler" and "solicitor" as follows: 1. Peddler means any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Chapter. 2. Solicitor means any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, wares, merchandise, or other personal property of any nature for future delivery, or for services to be performed in the future. SECTION 4. section 119-27 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby repealed in its entirety. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the city that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 2 PASSED AND ADOPTED this 15th day of October, 1996. APPROVED: CITY OF OCOEE, FLORIDA ~)~.) t M ,St~z:(-0~olJ-/ S. Scott Vand~rg ift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this 15th day of October, 1996 ADVERTISED If> -.~ ~ q(q , 1996 READ FIRST TIME ID-Z-9~ , 1996; READ SECOND TIME AND ADOPTED II) -15 - 9t. , 1996 UNDER AGENDA ITEM NO.:I.. R. ~ FOLEY , LARDNER By: M) f-tidt{) city Attorney 3