O-58-C
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CODE ORDINANCES
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146
ORDINANCE NO. 58-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA,
DECLARING THE PRACTICE OF DISTRIBUTING HANDBILLS, CIRCULARS, NEWSPAPERS,
DODGERS, MAGAZINES, PAMPHLETS, AND OTHER PAPERS IN CERTAIN PLACES AND
IN CERTAIN WAYS TO CONSTITUTE A PUBLIC NUISANCE AND PROBHIBITING SAME:
REPEALING ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR VIOLATIONS
THEREOF:
WHEREAS, it has come to the attention of the Mayor and Council
of the City of Clermont,.that the unregulated practice of distributing,
casting, throwing, and otherwise placing handbills, circulars, newspapers,
q~~gers, magazines, pamphlets and other forms of advertising matter or
papers in the streets of said City, and on the premises, porches, drives,
sidewalks, and in the yards of the residents of the City of Clermont,
and in vehicles standing in the public streets, results in the blowing
of such matter in the streets, alleys and other public places in said
City, and has become a public nuisance by the littering of the streets,
alleys and other public places, and thereby causing an unsightly condition,
as well as a menance to the public peace, health and safety by the
risk of fires, of clogging storm drains, and generally annoying and
disturbing the general public; and
WHEREAS, the unregulated practice of distributing, casting,
throwing and otherwise placing handbills, circulars, newspapers, dodgers,
magazines, pamphlets and other forms of advertising matter or papers on
private residential property without the express consent of the owner,
or of an adult occupant, thereof, or of a person authorized by such owner
or occupant to give such consent, creates a serious police problem
and a threat to the public safety and welfare in that the owners and
occupants of such property are unaware that such material is going to
be thrown or placed thereon and are therefore unable to make proper,
or any, provis~on to prevent the throwing or placing of such material
thereon wi th the resul t that wi thout their pr.ior'knowledge or any consent
and against their wishes, such property will be cluttered with an
accumulation of such material and their absence will be thereby inadvertent-
ly advertised to persons of dissolute or criminal propensities and the
probability of criminal activities on such property will be thereby
increased so that more intensified pOlice patrolling of such pr~perty
will then be necessary, all of which is detrimental to the peace, safety
and welfare of the general public; and
WHEREAS, the safety, comfort and welfare of the citizens and
residents of the City of Clermont and of the public in general, demand
that this condition be remedied:
NOW, THEREFORE, the Mayor and Counci 1 of the Ci ty of Clermont do
ordain as follows:
Section 1:
The practice of distributing, casting, throwing, and otherwise
placing handbills, circulars, newspapers, dodgers, magazines, pamphlets
and other forms of advertising matter or papers upon public and private
property, property in the City of Clermont, in violation of this ordinance,
is hereby declared to constitute a pUblic nuisance.
Secti on 2:
It shall be unlawful for any person, firm or corporation to
distribute, cast, throw or otherwise place upon any public place within
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CODE ORDINANCES
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the City of Clermont, including streets, alleys, public parks, school
grounds, or parking lots open to the use of the general public, any
handbill, circular, dodger, pamphlet or other advertising literature
of any kind, or any advertising sample or device in any manner other than by
delivery thereof to any person who then and there accepts the same.
Section 3:
It shall be unlawful for any person to distribute, cast, throw
or otherwise place in, or upon, any vehicle operated, or parked, within
the City of Clermont, including streets, alleys, public parks, school
grounds, or parking lots open to the use of the general public, any
handbill, circular, dodger, pamphlet or other advertising literature
of any kind, or any advertising sample or device, in any manner other than by
delivery thereof to any person who then and there accepts the same.
Section 4:
It shall be unlawful for any person, firm or corporation to
distribute, cast, throw or otherwise place any handbill, circular, news-
paper, dbdger, m.ga%io~,pamphlet or other form of advertising matter or
paper, or any advertising sample or device, in the yard or grounds or
upon the porch, vestibule or doorstep of any private residential property
or upon any vacant lot without the express consent of the owner, or of
an adult occupant. thereof. or of a person authorized by such owner to
give such consent.
Section 5:
This ordinance shall not be deemed to prohibit the distribution of
United States Mail, nor the delivery of any newspaper to any subscriber
therefor. or to any person who has requested the delivery of the same,
nor the sale of separate copies thereof.
Section 6:
Any person, firm or corporation violating any of the provlslons of
this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine of not more than ONE HUNDRED DOLLARS
($100.00), or by imprisonment in the City JaÍ'l for not exceeding ten
(10) days. or by both such fine and imprisonment.
Section 7:
If any section. sub-section, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of the
ordinance. The Mayor and Council of the City of Clermont hereby declare
that they would have passed this ordinance, and each section, sub-section,
sentence, clause and phrase thereof, irrespective of the fact that any
one or more other sections, sub-sections, sentences, clauses or phrases
be declared invalid or unconstitutional.
Secti on 8:
The City Clerk shall certify to the adoption of this ordinance
and shall cause the same to be posted on the bulletin board of the City
Hall ins aid City.
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CODE ORDINANCES
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Section 9:
This ordinance shall be posted by law and it shall become
law and shall take effect immediately upon its being posted as provided
by 1 aw .
First reading this 12th day of October, 1971
Second reading this 26th day òf October, 1971
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, tAKE COUNTY, FLORIDA, THIS 26th DAY OF OCTOBER, 1971.
CITY OF CLERMONT
BY:~ot:~~
ATTEST: W.w"u ("J. CAAJf_
Cl ty Clerk
APPROVED by me this c2¡,t!k. day of &~
, 1971.
rA ~A~/d-
~or
CERTIFICATE OF POSTING
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance
was posted on the Public Municipal bulletin board for a period of not
less than one (1) week. as requi p.ed ~I}¡der the Charter of the Ci ty
of Clermont. Florida, beginning 1Jt;:(-~ .,)...7 , 1971.
{JtAM~ t ~~
Ci ty Cl erk