Ordinance 87-060ORDINANCE NO. 87-60
AN OROINANCE REPEALING ORDINANCE NO. 76-11 W~ICH
REG'rLATED THE SALE OF GOODS FROM PUBLIC PLACES; PROVIDING
FOR DEFINITIONS; PREVENTING THE USE OF PUBLIC AREAS AS
COMHERCIAL LOCATIONS; PROVIDING FOR EXCEPTIONS; PROVIDING
ENFORCE2~ENT RESPONSIBILITY; PROVIDING FOR PENALTIES,
CONFLICT, SEVERABILITY, REPEAL, ~ EFFECTIVE DATE.
WHEREAS, the regulation of selling on public streets, highways and
rights-of-way in the unincorporated areas of Collier County, and in those
road rights-of-way owned and maintained by Collier County but which lie within
municipal boundaries, is necessary in the interest of public safety, and
protection of public property from damage; and
WHEREAS, the regulation of selling in public areas such as near schools,
parks, road rights-of-way, County government facilities, or other areas
controlled by the;Coun?, .i~. necessary in. orderf t~ insUr~,..tha£ the' p~biic; ,~..--..
mature of these areas will be secured to all citizens,
NOW, THEREFORE, BE IT ORDAINED BY THE BORAD OF COUNTY COMMISSiOnERS OF
COLLIER COUNt, FLORIDA that:
sEcTION ONE: DEFINITIONS.
A. "Public Place" shall mean areas or properties owned by go~_v?'rmme~al
shall include, but not be limited to airports, schools, parks, Bb~tramp8,
playgrounds, libraries and other County governmental facilities.
B. "Public Right-of-Way" shall mean a strip of land dedicated or deeded to
the public and accepted by the Board of County Commissioners, used or occupied
or intended to be used or occupied by a street, driveway/access, crosswalk,
railroad, electric transmission line, oil or gas pipeline, storm drainage way,
water main, sanitary or storm sewer main, bikeway or for similar special
public use.
C. "Vending Machine" shall mean any self-service or coin-operated box,
container, storage unit or other dispenser installed, used or maintained for
dispensing of any retail goods, food or beveragz products.
D. "Person" shall mean any firm, partnership, corporation, organization,
individual or other entity.
SECTION TWO: PREVENTING THE USE OF PUBLIC AREAS A~ COMHERCIAL LOCATIONS.
To prevent the use of public streets or public places as permanent,
semi-permanent or temporary commercial locations, except when otherwise
authorized by this Ordinance or the Board of County Co~issioners, it shall be
unlawful for any person to:
Sell goods, mmrchandise, property or services whether for
profit or nonprofit purposes, or to display advertising of
any sort from any permanent, semi-permanent or temporary
location, upon any public right-of-way, or in any oublic
place as defined herein until and unless such person, is
specifically permitted in writing to do so by the County,
and where the County has only an easement interest, such
person must also be specifically permitted in writing to do
an by the legal title holder of the property which ia
subject to the County's easement.
Be
Park or stop any motorized or trailer vehicle, pushcart or
animal-drawn conveyance in any public right-of-way or in any
public place for purpose of making or soliciting sales.
Sell, solicit sales, vend, or serve any goods or food by any
means including the uss of vending machines in the public
rights-of-way or other public place, or within 500 feet of
any property owned or operated for public or private school
purposes, or for any person to station himself, or operate
any roadside stand or establishment within the public
right-of-way or other public place.
D. Make any commercial use of the public right-of-way or other
public place, ~ncluaing placement of Com~,e(cially related
signs. ' " ~
E. Sell or display for sale vehicles in the public right-of-way
or other public place.
SECTION THREE: EXCEPTIONS.
The following authorized uses are excluded from this Ordinance:
A. Newsrack placement within a public right-of-way shall comply with County
Ordinance No. 86-85 or the latest revision thereof.
B. Vendors or businesses having current County licenses who make frequent
stops merely for the purpose of making a sale or pick-up/drop off of p~rsons
and then continue neighborhood travel upon the road rights-of-way (i.e., ica
cream vehicle, trollies, cabs).
C, Emergency service or repair vehicles rendering service or repair to any
disabled vehicle.
D. A person, firm or corporation who has a franchise from, contracteA with
or has otherwise been authorized by the Board of County Commissioners to sell
goods, merchandise or services ~lthin a public right-of-way or other public
place.
E. A vehicls
vehicle is:
may be displayed for sale upon
public property wh~ that
Driven by the public or private sector and/or employees of
governmental agencies when conducting business at the public site
during normal business hours.
Driven by an individual who is using the boat ramp or park site
facilities.
3. Being sold in conjunction with a governmental auction.
SECTION FOUR: ENFORCEMENT RESPONSIBILITY.
The enforcemsnt of this Ordinance shall be the responsibility of the
Zoning Enforcement Section, Building Code Compliance Department of the
Community Development Division, Collier County Sheriff's Office or othsr cods
snforcement officer of Collier County.
SECTION FIVE: PENALTY, CONFLICT, SEVERABILITY, AND REPEAL OF ORDINANCE 76-11.
A. Penalty: Violation of this Ordinance is punishable by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment in the County Jail
not to exceed sixty (60) days, or both. Each day of continued violation shall
be considered a separate and distinct offense. Prosecution as a misdemeanor
shall not preclude other remedies available in law and equity. In addition
any firm, partnership, corporation, individual or other entity who ia found in
· ~. violation of thaL~rov~s~.ons 'of' this off£ce mh~l~ .p~y .ail ¢o.sts and axpenses~
- ' ' ' ' - .' '~ '~ "'~ ' -.. ";V'".' '.- '~"'
incurred in the prosecution of such violation. "
B. Conflict: In the event this Ordinance conflicts with any other portion
or with any other law, ordinance, rule or reguhtion, the more restrictive
.shall apply.
C. Severability: If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any Court of competent Jurisdiction, such
portion shall bs deemed a separate, distinct and independent provision and such
holding shall not affect the validity or constitutionality of the remaining
portion.
D. Repeal: Collier County Ordinance No. 76-11 which regulated the sale of
goods from public places is hereby repealed in its entirety.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the
Secretary of State that this Ordimance has been filed with of the Secretary of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~'~day of ~/ . , 1987.
..~' ATTEST.' .
::. :"JAMES C;~g~ CLERK
;. ,.. ~,.., ,
f,Approvsd as.rd Form and Legal
· ~u f f icienc¥,~"'
R. Bruce Andargoh '
Assistant County Attorney
BOARD OF ~NTY COMMISSIONERS
COLLIER//fOU~TY, FLORIDA-
Max A. ~Hasse, Jr. ,/Chairman/
*Phis ordlnonce filed wl~ t~
Sgqr.~ary of .~.tate's Offi~cJ~.~_%
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE 87-60
.wh.~ch was adopted'by ~e Board of Count~'~o~m~'ssioners on th.~.~?h.~:....~:' ~' "':'
day of July, 1987 during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of
July, 1987,
Clerk of Courts
Ex-officio to BP'~rd.,<)f
CO u n t y..~ omm i s s '_k~'.n'e r.,~ · "...
By: V~rginia Ma~i '":i:..'.~.~,
Deputy Clerk ~". ~]~':~i." ~'-
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