O-501-86 ORDINANCE NO. 501-86
ORDINANCE AMENDING SECTIONS 1 THROUGH 17, INCLUSIVE, OF
THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA;
DEFINING THE MEANING OF THE WORD "PEDDLER" ; REQUIRING
PERMIT FOR PEDDLER; PROVIDING FOR A MEANS OF APPLICATION
FOR PERMIT AND APPEAL WHERE DENIED; RESTRICTING USES OF
PERMIT; PROVIDING FOR EXEMPTIONS; PROVIDING SEVERANCE
CLAUSE AND EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA:
Section 1. Sections 1 through 17, inclusive, of
Chapter 17, of the Code of Ordinances of Miami Shores Village,
Florida, reads as follows:
(See attachment)
Section 2. Sections 1 to 17 of Chapter 17, of the
Code of Ordinances of Miami Shoms Village, Florida, shall stand
amended to read as follows:
Sec. 17-1. DEFINITIONS
The word "peddler" as used in this Chapter shall include
any person as the word "person" is defined in Section 1-2, supra,
traveling by foot, or any type of conveyance, from place to place
upon public streets and sidewalks, transporting merchandise offered
for sale, or making sales and delivering articles to purchasers,
or who sell or offer to sell the same from any type of conveyancef
and one who solicits orders for the subsequent delivery of merchan-
dise, shall be deemed a peddler. The word "merchandise" shall
include all forms of personal property, both tangible and intangible,
including all forms of contracts.
Sec. 17-2. PERMIT REQUIRED
It shall be unlawful for any peddler, as defined in
Section 17-1 above, to engage in any business in Miami Shores
Village without first obtaining a permit to do so in compliance
with the provisions of this Chapter.
Sec. 17-3. APPLICATION FOR PERMIT; INFORMATION REQUIRED
Permits shall be issued only upon the basis of an
application filed with the Miami Shores Village Clerk, or his
designee, which application shall be in writing on a form provided
by the Village, requiring the following:
1. Name, social security number, age, sex, height,
weight, color of eyes and color of hair of applicant.
2. Permanent address of applicant, in addition to
temporary address of applicant, if permanent address
is not located in Dade County, Florida
3. Nature of activity, including description of
products involved.
4. Name and address of parent company or employer,
if any.
5. Duration of permit requested.
6. Description and license tag number of vehicle to be
used.
7. Applicant' s driver' s license number and state of
issue.
Sec. 17-4. INVESTIGATION AND DENIAL OR ISSUANCE;
CONTENTS OF PERMIT.
(a) Each application shall be referred to the Chief of
Police for review, and the Chief of Police
shall report his findings to the Village Clerk on the next following
business day.
(b) The Village Clerk shall issue a permit to the
applicant within two (2) business days of the receipt of a properly
completed application.
(c) Applications for a permit may be denied and permits
may be revoked by the Miami Shores Village Manager for any of the
following reasons:
1. Fraud, misrepresentation or false statement in the
application.
2. Illegal or fraudulent conduct by the applicant doing
business as a peddler in any jurisdiction outside of
Miami Shores Village.
3. Commission of fraud, misrepresentation, or making
false statements in the course of conducting business
as a peddler under a permit issued by Miami Shores
Village.
4. Any violation of this Chapter by permittee.
5. Conducting business in an unlawful manner or in such
a manner as to constitute a breach of the peace or
a menace to public health, safety, or general welfare.
6. The Miami Shores Village Manager may deny an applicant
a permit when he deems it in the best interest of
Miami Shores Village and its residents to do so.
Sec. 17-5. APPEALS
Any person aggrieved by the denial of an application for a
permit, or the revocation of a permit after issuance, shall have the
right of appeal to the Village Council. Such appeal shall be taken
by filing with the Miami Shores Village Council a written statement,
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setting forth fully the grounds for the appeal. Said appeal shall
be filed within fourteen (14) days after notice of the action
complained of has been mailed to said applicant' s last known
address. The Council shall set a time and place for a hearing on
such appeal, and reasonable notice of such hearing shall be given
to the applicant. The decision of the Council on said appeal shall
be final. The Village Clerk, or his duly appointed deputy, shall
issue to each approved applicant a permit, and simultaneously there-
with shall deliver to the applicant a letter specifying the terms
of the permit. Said letter shall be kept in the possession of the
permitee at all times and must be shown to any Miami Shores Police
Officer or Miami Shores resident on request.
Sec. 17- 6. USE OF PERMITS BY OTHER THAN PERMITEE
No permit or permit letter issued under the provisions
of this Chapter shall be used or carried at any time by any person
other than the one to whom issued, except that in the case of
permits issued to organizations which will employ more than one
person to conduct the business of the organization, one permit
letter can be issued which will cover all representatives of that
organization. Said permit letter must be reproduced by the organi-
zation and a copy thereof given to each of its representatives, and
each of said representatives shall carry said letter at all times
and exhibit same upon demand .
Sec. 17-7. EXPIRATION AND RENEWAL OF PERMITS.
Permits issued under this Chapter shall contain an
expiration date which shall be thirty (30) days from the date of
issuance. Subsequent permits may be obtained upon the filing of
a new application, as set forth hereinabove.
Sec. 17-8. RESTRICTED AREAS
No soliciting or canvassing shall be permitted upon any
premises displaying a legible sign containing the words "No
Soliciting" .
Sec. 17- 9. ENFORCEMENT
It shall be the duty of each Police Officer of Miami Shores
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Village to require any person seen peddling, soliciting, or
canvassing, and who is not known by such officer to be duly
permitted, to produce his permit and to otherwise enforce the
provisions of this Chapter against any person found to be violating
the same.
Sec. 17-10. RESTRICTED BUSINESS HOURS
All permitted peddlers shall conduct their business within
the following time limitation and at no other time:
1. From 10: 00 a.m. to 6: 00 p.m. on Mondays through
Saturdays.
2. From 12: 00 Noon to 6: 00 p.m. on Sundays and legal
holidays.
Sec. 17-11. CREATION OF NOISE
No peddler, nor anyone on his behalf, shall shout, make
any outcry, blow a horn, ring a bell, or use any sound device,
including loud speaking, radio or sound amplifying system, upon
any streetq alleys, parks or other public places of Miami Shores
Village, or upon any private premises in Miami Shores Village where
same is capable of being plainly heard upon the strees, avenues,
alleys, parks or other places, for the purpose of attracting atten-
tion to permit these business activities.
Sec. 17-12. RESTRICTION ON USE OF STREET
No peddler shall have exclusive right to any location
in the public streets, nor shall any peddler be permitted to operate
in any stationary location or be permitted to operate in any con-
gested area where his operations might impede or inconvenience the
public. This restriction may be waived by the Miami Shores Village
Manager at his discretion when Miami Shores sponsored activities
shall take place anywhere in the Village. The judgment of the
Miami Shores Police Officer shall be deemed conclusive as to whether
an area is congested or the public is impeded or inconvenienced.
Sec. 17-13. EXEMPTIONS
Provisions of this Ordinance shall not apply to the
following persons:
1. Persons who solicit or canvass on behalf of a
political party or candidate for elected office.
2. Persons who solicit or canvass on behalf of a
religious organization.
3. Persons who canvass or solicit on behalf of a
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community service organization, such as Boy Scouts
Girl Scouts, Junion Chamber of Commerce, Knights of
Pythias, Kiwanis Club, Lions Club, The Heart Fund,
March of Dimes, etc.
4. Children engaged in Halloween activities on October
31st annually.
5. Sales people who are invited to the premises by the
owner or occupant thereof.
Sec. 17-14. SEVERANCE CLAUSE
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 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 thereof.
Section 3. This Ordinance to become effective upon
adoption.
APPROVED ON FIRST READING the 2nd day of December
1986.
APPROVED AND ADOPTED on second reading the 15thday of
December 1987.
MAYOR
ATTEST:
MIAMI SHORES VILLAGE CLERK
By_
Depu Clerk
APPROVED AS TO FORM
Vaillage Attorney
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Chapter 17
PEDDLERS AND SOLICITORS*
Sec. 17-1. Definition.
The word "peddler," as used in this chapter, shall include any
person as defined in section 1-2, whether a resident of the village
or not,traveling by foot, 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,fish,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 traveling from place to place, shall sell or offer the
same for sale from a wagon, automotive vehicle, railroad car 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 chapter shall be deemed a peddler subject to the provisions
of this chapter.The word"peddler"shall include the words"hawk-
er" and"huckster."
(Code 1971, § 16-1)
Cross reference—Derinitions and rules of construction generally,§ 1-2.
Sec. 17-2. License and permit required.
It shall be unlawful for any person to engage in the business of
peddler as defined in this chapter within the village without first
obtaining a permit and license therefor as provided in this chapter.
(Code 1971, § 16-2)
Cross reference--Schedule of license taxes,§ 14-33.
Sec. 17-3. Application—Filing;information and addenda.
Applicants for permit and license under this chapter must file
with the village clerk a sworn application in writing (in dupli-
cate) on a form to be furnished by the village clerk, which shall
give the following information:
*Cross references—Occupational licenses and business regulations, Ch. 14;
false statements in applications for village permits,etc.,unlawful,§ 15-7.
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§17-3 MLkM SHORES VELLAGE CODE
(1) Name and description of the applicant;
(2) Address(legal and local);
(3) A brief description of the nature of the business and the
goods to be sold;
(4) If employed, the name and address of the employer, to-
gether with credentials establishing the exact relationship;
(5) The length of time for which the right to do business is
desired;
(6) If a vehicle is to be used, a description of the same, to-
gether with license number or other means of identification;
(7) A photograph of the applicant,taken within sixty(60)days
immediately prior to the date of the filing of the applica-
tion,which picture shall be two(2)inches by two(2)inches
showing the head and shoulders of the applicant in a clear
and distinguishing manner;
(8) The fingerprints of the applicant and the names of at least
two (2) reliable property owners of this county who will
certify Ao the applicant's good character and business re-
sponsibility, or, in lieu of the names of references, any
other available evidence as to the goodcharacter and busi-
ness responsibility of the applicant as will enable an inves-
tigator to properly evaluate such character and business
responsibility;
(9) A statement of whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal
ordinance,the nature of the offense and the punishment or
penalty assessed therefor;
(10) Applicant shall file with his application a statement by a
reputable physician of this county, dated not more than
ten(10)days prior to submission of the application,certify-
ing the applicant to be free of infectious, contagious or
communicable disease.
(Code 1971, § 16-3)
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PE,DDLERS AND SOLIMORS § 17-6
Sec. 17-4. Same—Fee.
At the time of filing the application,a fee of ten dollars($10.00)
shall be paid to the village clerk to cover the cost of investigation.
(Code 1971, § 16-4)
Sec. 17-5. Investigation and denial or issuance;contents of
license.
(a) Upon receipt of such application, the original shall be re-
ferred to the chief of police,who shall cause such investigation of
the applicant's business 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 approval and his
reasons for the same, and return the application to the village
clerk, who shall notify the applicant that his application is dis-
approved and that no permit and license will be issued.
(c) If as a result of such investigation the character and busi-
ness responsibility of the applicant are found to be satisfactory,
the chief of police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for and return such permit, along with the
application to the village clerk, who shall, upon payment of the
prescribed license fee, deliver to the applicant his permit and
issue a license. Such license shall contain the signature and seal
of the issuing officer and shall show the name, address and pho-
tograph of the licensee,the class of license issued and the kind of
goods to be sold thereunder, 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 perma-
nent record of all licenses issued.
(Code 1971, § 16-5)
Sec. 17-6. Ucense fees—Schedule.
The following fees shall be charged for the licenses provided for
in this chapter:
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17-6 KAM SHORES VILLAGE CObE
(1) For each person proposing to peddle on foot,one dollar and
fifty cents($1.50)per week,five dollars($5.00)per month,
or twenty-five dollars($25.00)per year;
(2) For each person proposing to peddle by using handcart or
pushcart, one dollar and fifty cents ($1.50) per week, five
dollars ($5.00) per month, or twenty-five dollars ($25.00)
per year;
(3) For each person proposing to peddle from a wagon, motor
vehicle, railroad car or other vehicle conveyance, five dol-
lars ($5.00) per week, ten dollars ($10.00) per month, or
seventy-five dollars ($75.00) per year; for each additional
vehicle, three dollars ($3.00)per week, five dollars($5.00)
per month, or twenty-five dollars($25.00)per year;
(4) For each helper or assistant to those using vehicles,which
helpers must procure the permit and license as provided in
this chapter for peddlers, one dollar and fifty cents($1.50)
per week, five dollars ($5.00) per month, or twenty-five
dollars($25.00)per year;
(5) For selling products of the farm or orchard actually pro-
duced by the seller, no fee.
(Code 1971, § 16-6)
Sec. 17-7. Same—Time computation.
For the;purpose of this chapter any period of seven(7)calendar
days or less shall be considered one(1)week; any period of more
than seven(7)calendar days and not more than thirty(30)calen-
dar days shall be considered one (1) month; any period of more
than thirty(30)calendar days and not more than one(1)calendar
year shall be treated as a year. The annual fees provided for in
this chapter shall be assessed on a calendar year basis and on and
after October 1 in the amount of the fee for such annual licenses
shall be one-half the amount stipulated for the remainder of the
year.
(Code 1971, § 16-7)
Sec. 17-8. License and permit revocation;hearing.
(a) Permits and licenses issued under the provisions of this
chapter may be revoked by the village manager after notice and
hearing for any of the following causes:
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PEDDLERS AND SOMCffORS 17-10
(1) Fraud, misrepresentation or false statement contained in
the application for license;
(2) Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral
turpitude;
(5) Conducting the business of peddling in an unlawful man-
ner or in such a manner as to constitute a breach of the
peace or to constitute a menace 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 com-
plaint and the time and place of hearing. Such notice shall be
mailed,postage prepaid,to the licensee at his last known address
at least five(5)days prior to the date set for hearing.
(Code 1971, § 16-8)
Cross reference—Revocation of occupational licenses,§ 14-31.
Sec. 17-9. Appeals.
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 17-5, or in the decision with reference to
the revocation of a license as provided in section 17-8,shall have
the right of appeal to the council. Such appeal shall be taken by
filing with the council, 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 shall 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 17-8
for notice of hearing on revocation. The decision and order of the
council on such appeal shall be final and conclusive.
(Code 1971, § 16-9)
Sec. 17-10. Plates and badges—Issuance;display.
The village clerk shall issue to each licensee at the time of
delivery of his license two(2)license plates for each vehicle to be
used, plus a metal badge for each individual licensed under this
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§17-10 MIAMI SHORES VILLAGE CODE
chapter. The license plates and badges shall bear the words "Li-
censed Peddler," the period for which the license is issued and
the number of the license in letters and figures plainly discerni-
ble. License plates shall be attached to the vehicle used by the
licensee, either on both sides or on the front and rear of the
vehicle so used. Such badge shall be worn by the licensee on the
front of his hat or outer garment in such a way as to be conspicu-
ous during such time as the licensee is engaged in peddling.
(Code 1971, § 16-10)
Sec. 17-11. Same—Transfer.
No license or badge issued under the provisions of this chapter
shall be used or worn at any time by any person other than the
one to whom it was issued.
(Code 1971, § 16-11)
Cross reference—Transfer of occupational licenses,§§ 14-28,14-29.
Sec. 17-12. Expiration of license.
All annual licenses issued under the provisions of this chapter
shall expire on the thirty-first of December in the year when
issued.Licenses other than annual shall expire on the date speci-
fied in the license.
(Code 1971, § 16-12)
Sec. 17-13. Exhibition of license.
Peddlers are required to exhibit their licenses at the request of
any citizen.
(Code 1971, § 16-13)
Sec. 17-14. Enforcement.
It shall be the duty of each police officer of the village to
require any person seen peddling, who is not known by such
officer to be duly licensed,to produce his peddler's license,and to
enforce the provisions of this chapter against any person found to
be violating the same.
(Code 1971, § 16-14)
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PEDDLERS AND SOLICITORS § 17-17
Sec. 17-15. Reports and records-
The chief of police shall report to the village clerk all convic-
tions for violation of this chapter and the village clerk shall
maintain a record for each license issued and record the reports
of violation therein.
(Code 1971, § 16-15)
Sec. 17-16. Creation of noise.
No peddler,nor any person in his behalf,shall shout,make any
outcry,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 the village or
upon any private premises in the village where sound of suffi-
cient volume is emitted or produced therefrom to be capable of
being plainly heard upon the streets, avenues, alleys, parks or
other public places,for the purpose of attracting attention to any
goods,wares or merchandise which such licensee proposes to sell.
(Code 1971, § 16-16)
Sec. 17-17. Restrictions on use of streets.
No peddler shall have any exclusive right to any location in the
public streets, nor shall any peddler 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 chapter, the judgment of a police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or in-
convenienced.
(Code 1971, § 16-17) Ch.20.
Cross reference—Streets,sidewalks and other public places,
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