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O-58-C . . CODE ORDINANCES N~ 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 . . CODE ORDINANCES N~ 147 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. .';,' . . CODE ORDINANCES N~ 148 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