O-206-50 (2) ORDINANCE NO 206
AN ORDINANCE DEFINING9 REGULATING AND LICENS-
ING PEDDLERS AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI MORES VILLAGE:
Section 1. Permit and License Required, It shall be
unlawful for any person to engage in the business of peddler as
defined in Section 2 of this ordinance within the corporate limits
of Miami Shores Village without first obtaining a permit -and li-
cense therefor as provided heroine
Section 2. Definitions* (a) The word "person" as used
herein shall include the singular and the plural and shall also
mean and include any person, firm, or corporations association,
club# copartnership or society, or any other organization.
W The word "peddler" as used herein shall include
any persons whether a resident of Miami Shores Village or not,
travelling by foott wagon, automotive vehicle, or any other type
of conveyance, from place to place., from house to house, or from
street to street, carrying,, conveying or transporting goods, wares,,
merchandise, meats, fisho vegetables, fruits# garden truck, farm
products or provisions$ offering and exposing the same for sale,
or making sales and delivering articles to purchasers, or who,
without travelling from place to place, shall sell or offer the
same for sale from a wagon# automotive vehicle, railroad ear, or
other vehicle or conveyance, and further provided that one who
solicits orders and as a separate transaction makes deliveries to
purchasers as a part of a scheme or design to evade the provisions
of this ordinance shall be deemed a peddler subject to the provisions
of this ordinance, The word "peddler" shall Include the words
"hawker" and "huckster".
Section 31* Application. Applicants for permit and license
under this ordinance must file withthel-V111*p, Clerk a sworn applica-
tion in writing (in duplicate) on a form to be furnished by the Village
Clerk, which shall give the following information:
(a) Name and description of the applicant;
(b) Address (legal and local) ;
(a) A brief description of the nature of the busi-
ness and the goods to be sold;
(d) If employeds the name and address of the em-
ployer., together with credentials establishing
the exact relationship,
s
(e) The length of time for which the right to do
business is desired;
M If a vehicle is to be used, a description of
the sames together with license number or other
means of identifioation;
(g) A photograph of the applicants, taken within 60
days inmediately prior to the date of the fil-
ing of the application, which picture shall be
2" by 2" showing the head and shoulders of the
applicant in a clear and distinguishing manner;
(h) The fingerprints of the applicant and the names
of at least two reliable property owners of the
County of Dades State of Florida, who will cer-
tify as to the applicant's good character and
business responsibility, or, in lieu of the names
of references, any otheravailable evidence as to
the good character and business responsibility
of the applicant as will enable an investigator
to properly evaluate such character and business
responsibility;
M A statement as to whether or not the applicant
has been convicted of any crimes misdemeanors or
violation of any municipal ordinances the nature
of the offense and the punishment or penalty as-
sessed therefor;
Applicant shall file with his application a state-
ment by a reputable physician of Dade Countys dated
not more than ton (10) days prior to submission of
the applications certifying the applicant to be
free of infectiouss contagious, or communicable
disease;
W At the time of filing the applicationa fee of
f 10 ��—f r7,-- n) shall be paid to the Village
Clerk to cover-the' cost of investigation.
Section 4* Investigati-on and Issuance. (a) Upon receipt
of such applications the original shall be referred to the Chief of
Police$ who shall cause such investigation of the applicant 's busi-
ness and moral character to be made as he deems necessary for the
protection of the public good*
(b) If as a result of such investigation the applicant 's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disap-
proval and his reasons for thesames and return the said application
to the Village Clerk, who shall notify the applicant that his appli-
cation is disapproved and that no permit and license will be issued.
(o) If as a result of such investigations the character
and business responsibility of the applicant are found to be satis-
factorys the Chief of Police shall endorse on the application his
approvals execute a permit addressed to the applicant for the
carrying on of the business applied for and return said permit,
along with the application to the VM- Clerks -who shalls upon pay-
ment of the prescribed license fee, deliver to the applicant his
permit and issue a license. Such license shall contain the signa-
ture and seal of the issuing officer and shall show the name, ad-
dress and photograph of said licensee, the class of license issued
and the kind of goods to be sold thereunderp the amount of fee
paid, the date of issuance and the length of time the same shall
be operative, as well as the license number and other identifying
description of any vehicle used in such peddling. The Clerk shall
keep a permanent record of all licenses issued,
Section 5. Fees. (a) Computation of
(1) er week, er month, or per
year�or each person proposing to peddleo-n-to—ot;
_A70 'D 0
(2) '_L��__ er week, er months or $
7ear fo-rp each person proposing to peddl�_F7_U_S"Tn9
hand cart, or push cart;
�''VO -40
(3) er week, er month, or s 7-3 per
each person proposing to peddle-from a
w wagons motor vehicles railroad cars or other vehicle
conveyance;
(4) per month, or $ 2-3 ' per
ULL.Per week, r-00
year for each helper, or assistant to th;se using
vehicles, which helpers must procure the permit and
license as herein provided for paddlers,
(5) No fee shall be required of one selling products of
the farm or orchard actually produced by the seller.
(b) Basis of Fees. For the purpose of this ordinance
any period of seven calendar days or less shall be considered one
weeks any period of more than seven calendar days and not more than
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30 calendar days shall be considered one month; any period of
more than 30 calendar days and not more than one calendar year
shall be treated as a year, The annual fees herein provided for
shall be assessed on a calendar year basis and on and after July
first the amount of the fee for such annual licenses shall be
one-half the amount stipulated for the remainder of the year,
Section 6. License Plates and Badges* The Village
Clark shall issue to each licensee at the time of delivery of his
license two license plates for . eaoh vehicle to be used, plus a
metal badge for each individual licensed under this ordinance.
The license plates or badges shall bear the words "Licensed
Peddlerllp the period for which the license is issued and the num-
ber of the license in letters and figures plainly discernable,
License plates shall be attached to the vehicle used by the li-
censee, either on both sides or .on the front and rear of the ve-
hicle so used. Such badge shall be worn constantly by the licensee
on the front of his hat or outer garment in such a way as to be
conspicuous during such time as said licensee is engaged in ped-
dling.
Section 70 Transfer* No license or badge issued under
the provisions of this ordinance shall be used or worn at any time
by any person other than the one to whom it was issued,
Section 81* Loud Noises and Speaking Devioeso No peddler,,
nor any person in his behalf, shall shouts make any cryouts 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 or other public places of said village or upon any
private premises in the said village where sound of sufficient vol-
ume is emitted or produced therefrom to be capable of being plainly
heard upon the streets$ avenues, alleys, parkss or other public
places., for the purpose of attracting attention to any goods, wares
or merchandise which such licensee proposes to selle
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Section 99 Use of Streets. No peddler shall have any
exclusive right to any location in the public streetso nor shall any
be permitted a stationary location, nor shall he be permitted to
operate in any congested area where his operations might impede
or inconvenience the public* For the purpose of this ordinance#
the judgment of a police officery exercised in good faith., shall be
deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.
Seotion-10, Exhibition of License. Peddlers are required
to exhibit their licenses at the request of any citizen.
Section 11, RBtZ of Police to Enforce. It shall be the
duty of any police officer of Miami Shores Village to require any
person seen peddlings and who is not know by such officer to be
duly licensed, to produce his peddler's license and to enforce the
provisions of this ordinance against any person found to be violat-
ing the same*
Section 12. Records* The Chief of Police shall report
to the Village Clerk all convictions for violation of this ordinance
and the Village Clerk shall maintain a record for each license
issued and record the reports of violation therein,
Section 13* Revocation of License* (a) Permits and
licenses issued under the provisions of this ordinance may be re-
voked by the Z&A�_ )jla,"�of Miami Shores Village after notice
and hearing, for any of the following causes:
(1) Fraud$ misrepresentation, or false statement con-
tained in the application for license;
(2) Fraud* misrepresentation or false statement made
in the course of carrying on his business as ped-
dler;
(3) Any violation of this ordinance;
(4) Conviction of any crime or misdemeanor involving
moral turpitude;
(5) Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach
of the peace or to 000stitute a tonace to the health
safety* or general welfare of the public,
(b) Notice of the hearing for revocation of a license
shall be given in writing# setting forth specifically the grounds ,
of complaint and the time and place of hearing. Such notice shall
be mailed* postage prepaid* to the licensee at his last known ad-
dress at least five (5) days .prior to the date set for hearing.
Section 14* Appeal,* Any person aggrieved by the action
of the Chief of Police or the Village Clerk in the denial of an
application for permit or license as provided in Section 4 of this
ordinance, or in the decision with reference to the revocation of a
license as provided in Section 13 of this ordinances shall have the
right 6f appeal to the Council of Miami Shores Village. Such appeal
shall be taken by filing with the Councils within fourteen (14) days
after notice of the action complained of has been mailed to such
person's last known address, a written statement setting forth
fully the grounds for the appeal* The Council .12all set a time
and place for a hearing on such appeal and notice of such hearing
shall be given to the appellant in the same manner as provided in
Section 16 of this ordinance for notice of hearing on revocation.
The decision and order of the Council on such appeal shall be final
and conclusive*
Section 15, Expiration of License, All annual licenses
issued under the provisions of this ordinance shall expire on the
31st of December in the year when issued* Other than annykal li-
censes shall expire on the date specified in the license.
Section 16; Penalty. Any person violating any of the
provisions of this ordinance shall$ upon conviction thereof be pun-
ished by a fine not to exceed Five Hundred Dollars (4500*00) or by
imprisonment not to exceed 60 days or both such fine and imprison;Lent.
Section 1-7. Severance Clause. The provisions of this
ordinance are declared to be severable and if any sections sentence,
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clause, or phrase of this ordinance shall for any reason be held to
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be invalid or unconstitutionalt such decision shall not affect the
validity of the remaining sectionsp senteneesp clauses and phrases
of this ordinance but they shall remain in .effects it being the
legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
Section 18# Repeal of Conflicting' Ordinances. All ordi-
nances or parts of ordinances inconsistent with the provisions of
this ordinancep be and the same are hereby repealed*
Section lge Effective Date, This ordinance shall take
effect from and after its passage, &**-IpI�_I_I_dftIGW—VWI� as P251-WOW-My
PASSED AND ADOPTED this 7 day of
1950*
XAYOR-
ATTEST:
VILLAGE CVERK ANq MANA-G=