Ordinance 76-11 ORDXNA:;CE NO, 76-11
AN ORDINANCE PR01IIBITING ~I{E SELLIHG
OF GOODS FROH "ROADSIDE STfd~DS" OH
~{E STREETS At;D HIG}~AY,~ OF COLLIER
COb/~TY, PROHIBITING THE SFLLL~G OF COODS
IH PUBLIC PLACES AS HERF, IH DEFIle, D, PRO-
HIBITIHG STOPPIHG OR PARKING It! STRFETS
RIGHTS-OF-WAY OR PUBLIC PLACES FOR THE
PURPOSE OF SELLING GOODS; PROHIBITING
SELLING WITHIN 500 FEET OF ANY SCHOOL,
PROVIDIHG FOR COHFLICT, SEVEKANCE,
PENALTIES AHD AN EFFECTIVE DATE.
WHEREAS, the regulation of selling on public streets,
highways or rights-of-way thereof ia necessary in the interest
of public safety, and
~{EREAS, the regulation of selling in public areas such
as schools, parks, etc., is necessary in order to insure that
the public nature of these areas will be secured to all citizens;
NOW THEREFORE BE IT ORDAI}~D by the Board of County
Commissioners of Collier County, Florida~
SECTION ONE: Definition
Public Place - Shall mean a~eas owned by governmental
agencies or reserved for the use ~f members of the public,
and shall include, but not be limited to schools, parks
and playgrounds.
SECTION ~O:
It shall be unlawful for any person, f~rm, or corporation
to:
(a) Sell goods from any permanent, semi-permanent or
temporary location, (i.e. "roadside stand") along any street,
highway, or right-of-way thereof, or in any public place as
defined herein.
b) Park or stop any motor vehicle, pushcart or animal-
dra%~ conveyance in any street, highway or right-of-way thereof
or in any public place for purpose 6f making or soliciting sales
for any period of time longer than that necessary to complete
a sales transaction. It .is hereby declared that the intent of
this prohibition is to prevent the use of public streets or
ublic places as permanent, semi-permanent or te~rporary
ocations, and not to prohibit the vendor who makes frequent stops
merely for the purpose of making a sale and then continues his
travel upon the streets.
c) I~otwithstandinE (b) above, it shall be unlawful to
sell, solicit sales, vend, or serve any goods or foo¢.~b~y a
means in the public right-of-way including streets, f~wa~s
or other public property, within 500 ~ee~ of any pro~
or operated for public or private school purposes,
pcr,on to station himself, or operat, any .and or
within the prohibited areas. "
SECTION THREE: PenaltiesI Conflict and Severance
Violation of this Ordinance is punishable by a fine
not to exceed five hundred dollars ($500.00) or by confinement
not to exceed sixty (60) days, or both. Each day an offense
exists shall be considered a separate offense, Prosecution
as a misdemeanor shall not preclude other remedies available
in law and equity.
If any part of this Ordinance conflicts with any other
part or with any other law, ordinance, rule or regulation the
more restrictive shall apply.'
If any part of this Ordinance is for any reason held invalid
or unconstitutional on its face or as applied by any Court of
competent Jurisdiction such part shall be considered a separate
part and such holding shall not ~ffect the validity or consti-
tutionality of the remaining parts or such holding shall not
affect any other circumstance.
SECTION FOUR: Effective Date
This Ordinance shall take effect upon ~eceipt of notice
that it has been received and filed with the Office of the
Secretary of State.
PASSED A~D DULY ADOPTED by the Board of Count7
Commissioners of Collier County, Florida, thil 9th day of
March , 1976,
.),
ATTEST: BOA~ OF COUNTY CO~SSZO~
~.~GA~T T. SCOTT~ Cle~ COLLIER COUntY, ~ORIDA
legal
........ · " Collier County Atto~ey
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