O-233-C
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CITY OF CLERMONT
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CODE ORDINANCES
NO. 233-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING
CHAPTER 14, OFFENSES, REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR
PUBLICATION.
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
Chapter 14, Offenses is hereby amended as follows:
SECTION 1.
Sec. 14-1. Advertising - Posting Bills on Trees, Poles, Buildings,
etc.
It shall be unlawful for any person to nail, tack, paste, paint
or otherwise attach any poster, bill or other advertising matter to
any shade or ornamental tree or any telegraph, telephone, electric
light or other poles on or along the streets of the city, or to
attach such advertising matter to any building or structures on
public property.
Sec. 14-2. Same - Distributing Samples of certain Kinds.
It shall be unlawful for any person to distribute, for advertising
purposes, drugs, patent medicines, chemicals, washing powders, soaps,
and other cleaning articles, or samples thereof, unless the same be de-
livered direct to an adult person.
Satisfactory evidence showing possession of any of the above men-
tioned articles by a child under twelve years of age, together with
satisfactory evidence that any of said articles have been distributed,
shall constitute prima facie evidence of the violation of this section.
Sec.
14-3. Distribution, etc. of Handbills, Circulars, Newspapers, etc.
(a) 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, in the city of Clermont, in violation of this section, is
hereby declared to constitute a public nuisance.
(b) It shall be unlawful for any person, firm or corporation to
distribute, cast, throw or otherwise place upon any public place within
the City of Clermont, including streets, alleys, public parks, school
grounds, or parking lots open to the use of the general public, any hand-
bill, 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.
(c) 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 hand-
bill, circular, dodger, pamphlet or other advertising literature of any
kind, or any advertising sample or device, in any manner other than by de-
livery thereof to any person who then and there accepts the same.
(d) It shall be unlawful for any person, firm or corporation to
distribute, cast, throw or otherwise place any handbill, circular, news-
paper, dodger, magazine, 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.
(e) This section shall not be deemed to prohibit the distribution
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CODE ORDINANCES
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of United States mail, nor the delivery of any newspaper to any
subscriber therefor, or to any person who has requested the delivery
of same, nor the sale of separate copies thereof.
Sec. 14-4. Fire Department Property; Tampering with Prohibited.
It shall be unlawful for any person to interfere with, tamper
with, cut, damage or destroy any property of the fire department of
the City of Clermont, including fire engines, trucks, hose or other
equipment or apparatus used by the said fire department.
Sec. 14-5. Firearms - Discharge Prohibited.
Any person who shall be guilty of discharging firearms within
the corporate limits of the city except for the protection of person
or property,. unless authorized so to do by thê Chief of Police, shall
be punished by fine and imprisonment as provided by Section 1-8 of this
code.
Sec. 14-6. Same - Handling in Careless Manner Prohibited.
Any person or persons who shall carry or handle a gun,., rifle or
pistol within the corporate limits of the City of Clermont, whether
loaded or not, in a loose or careless manner, shall be punished as
provided by Section 1-8 of this Code.
Sec.
14-7. Littering.
(a) This section shall be known and may be cited as the "Clermont
Litter Ordinance."
(b) Terminology used in this section may be defined as follows:
(1) Litter means any garbage, rubbish, cans, bottles, containers,
trash, refuse, papers, lighted or unlighted cigarette or
cigar, or flaming or glowing material.
(2) Person means any individual, firm, corporation or unincorpor-
ated association.
(3) Law enforcement officer means any officer of the Florida High-
way Patrol, county sheriffs' departments, municipal law en-
forcement departments, law enforcement departments of any
other political subdivision, Department of Natural Resources,
and Game and Fresh Water Fish Commission.
(c) It shall be unlawful for any person to throw, discard, place
or deposit litter in any manner or amount whatsoever in or on any public
highway, road, street, alley, thoroughfare or any other public lands,
except in containers or areas lawfully provided therefor. It shall be
unlawful for any person to throw, discard, place or deposit any garbage,
cans, bottles or containers in or on any fresh water lakes, rivers,
streams, or tidal or coastal waters of the state. In addition, it shall
be unlawful for any person to throw, discard, place or deposit litter in
any manner or amount whatsoever on any private property, unless prior
consent of the owner has been given and unless said litter will not cause
a public nuisance or be in violation of any other state or local laws,
rules or regulations.
(d) Any person violating any of the provisions of this section shall
upon conviction, be punished by a fine as provided in Section 1-8 of this
Code. It shall be the duty of all law enforcement officers, as defined
herein, to enforce the provisions of this section.
Sec.
14-8. Minors - Loitering Prohibited; Exceptions.
It shall be unlawful for any minor under the age of sixteen (16)
years to loiter, idle, wander, stroll, or play in or upon public street,
highways, roads, alleys, parks, playgrounds, wharves, docks or other
public places and public buildings, places of amusement and entertainment,
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vacant lots or other unsupervised places in the city between the
hours of 12:00 midnight and 5:00 a.m. the following day; provided,
however, that the provisions of this section do not apply to a
minor accompanied by his or her parent, guardian or other adult
person having the care and custody of the minor, or where the minor
is engaged in his duties under lawful employment, is upon an emer-
gency errand or legitimate business directed by his or her parent,
guardian, or other adult person having the care and custody of the
minor.
Sec. 14-9. Same - Responsibility of Parents.
It shall be unlawful for the parent, guardian, or other adult
person having the care and custody of a minor under the age of
seventeen years to knowingly let such minor to loiter, idle, wander,
stroll, or play in or upon the public streets, highways, roads, alleys,
parks, playgrounds, wharves, docks, or other public grounds, public
places and public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places in the city between the hours
of 12:00 midnight and 5:00 a.m. of the following day; provided, however,
that the provisions of this section do not apply under conditions as
provided in the previous section.
Sec.
14-10. Same - Frequenting Pool Rooms Prohibited.
It shall be unlawful for any person under the age of eighteen to
enter, or remain in, or engage in any games, in any billiard or pool
room (not for private use) in the city or for the owner, manager or
keeper of such billiard or pool room, not kept for private use as
aforesaid, to permit any minor under the age of eighteen years to
enter, remain. in or engage in any game therein.
This section shall not be applicable except in such establishments
where intoxicating beverages are sold, served, distributed or consumed.
Sec. 14-11. Loitering in Area of Business During Nonbusiness Hours
Prohibited; Authority of Police.
(a) No person or congregate of persons shall loiter in the area
of a business operation unless said business is open for the public
or unless the person or persons have written authority to so congregate
or loiter.
(b) The police department of the city is hereby authorized and
directed to remove any persons violating this section.
Sec; 14-12~' Noises, Unnecessary - Prohibited, Definitions.
The creation of any unreasonably loud, distrubing and unnecessary
noise in the city is prohibited. Noise of such character, intensity
and duration as to be detrimental to the life or health of any indivi-
dual is prohibited.
The following acts among Qthers, are declared to be loud, disturb-
ing and unnecessary noises in violation of the preceding section but
such enumeration shall not be deemed to be exclusive:
(1) Blowing horns, etc. The sounding of any horn. or signal device
on any automobile, motorcycle, bus or other vehicle while not
in motion, except as a danger signal if another vehicle is
approaching apparently out of control, or if in motion only as
a danger signal after or as brakes are being applied and de-
celeration of the vehicle is intended; the creation by means
of any such signal device of any unreasonable loud or harsh
sound; and the sounding of such device for an unnecessary
and unreasonable period of time.
(2) Building operations. The erection (including excavation) ,
demolition, alteration or repair of any building other than
between the hours of 7:00 a.m. and 6:00 p.m. on weekdays,
except in case of urgent necessity in the interest of public
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safety and then only with the permission of the Building
Official.
(3) Exhaust discharge. The discharge into the open air of
any steam engine, stationary internal combustion engine,
motor vehicle or motor boat engine except through a muf-
fler or other device which will effectively prevent loud
noises therefrom.
(4) Fireworks. The use of fireworks and other noise-making
explosives and devices unless a written permit be first
obtained as provided by law.
(5) Hawking and peddling. The shouting and crying of peddlers,
hawkers and vendors which disturb the peace and quiet of the
neighborhood.
(6) Keeping of animals. The keeping of any animal or bird which
by causing frequent or loud noise shall disturb the comfort
and repose of any person in the vicinity.
(7) Loading and unloading operations. The creation of a loud
and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes,
crates and containers.
(8) Noises near churches, etc. The creation of any excessive
noise on any street adjacent to any church, school, or
institution of learning while the same are in session,
or adjacent to any hospital, which unreasonably interferes
with the workings of such institutions, provided conspicuous
signs are displayed in such streets indicating that the same
is a church, school or hospital.
(9) Noises to attract attention. The use of any drum, pan, pail,
bell, horn, trumpet, loud speaker or other instrument or de-
vice for the purpose of attracting attention or intended to
attract attention to any performance, show, sale or display
of merchandise, except after obtaining permission from the
city.
(10) Playing of radio, phonograph, etc. The playing of any radio,
phonograph or any musical instrument is such a manner or with
such volume particularly d~ring the hours between 11:00 p.m.
and 7:00 a.m. as to annoy or disturb the quiet, comfort or
repose of persons in any dwelling, hotel or other type of
residence.
(11) Use of vehicles. The use of any automobile, motor cycle or
vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or
other noise.
Sec. 14-13. Same - Business Noises in Residential Sections.
The blowing or burning of carbon from cylinders, testing engines,
operating machinery, or the performing of any kind of work of any nature
whatsoever, which produces noises of any kind audible outside of any
garage, shop, or other place of business located in the residential
sections of the city between the hours of 9:00 p.m. on Saturday night
and 6:00 a.m. on the following Monday, or between the hours of 9:00 p.m.
and 6:00 a.m. on any other day shall be a violation of Section 14-12.
Sec.
14-14. Nuisance - Maintaining Premises Constituting.
Whoever permits the assembling or congregating of noisy, drunk or
dissolute persons upon the premises owned, occupied or controlled by
him; or whoever conducts any business or trade in such manner as to make
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or cause to be made disturbing, unusual, offensive or annoying
noises in connection therewith, or so as to make such place of
business or the vicinity thereof, or so as to cause crowds or
idle, dissolute, drunken or disorderly persons to assemble in,
or in the vicinity of, such place of trade or business, shall
be deemed guilty of maintaining a nuisance.
Sec. 14-15. Certain Behavior Prohibited in Cocktail Lounges,
Bars, etc. - Nudity, etc. by Entertainers.
It shall be unlawful for any host, hostess, waiter, waitress,
entertainer, employee or any other person in any cocktail lounge,
bar, saloon, cabaret, nightclub, restaurant or any other public
place within the City of Clermont to be found in a state of nudity
or in an indecent exposure of the person as described herein.
Sec.
14-16. Same - Acts Declared Unlawful.
The following acts of behavior are hereby declared unlawful
if committed within the City of Clermont:
(a) The removal by any hostess, waitress, female entertainer,
female employee or any other female person in any cocktail
lounge, bar, saloon, cabaret, nightclub, restaurant or any
other public place and in the presence of an audience, of
her clothing, so as to make nude, or give the illusion of
nudity, of any part of either the genital organs, buttocks
or breasts.
(b) The exposure by a male performer, male employee or any other
male person in any cocktail lounge, bar, saloon, cabaret,
nightclub, restaurant 'or any other public place and in the
presence of an audience, of any part of either the genital
organs or the buttocks.
__(ç) The performance of any dance, episode or musical entertain-
-ment llY any person Ü1an:y-ëöcKtaïl-Tõüfigë,-bar~loon,u----
cabaret, nightclub, restaurant or any other public place and
in the presence of an audience, where the purpose of such
performance is to direct the attention of the audience to
the breasts, buttocks or genital organs of the performer.
Sec.
14-17. Same - Employment Prohibited.
It shall be unlawful for any owner, operator,or manager of any
cocktail lounge, bar, saloon, cabaret, nightclub, restaurant or any
other public place within the city to employ any person to engage in
the conduct of acts prohibited by Sections 14-15 and 14-16 or to per-
mit any employee to engage in the conduct of acts prohibited by Sec-
tions 14-15 and 14-16.
Sec. 14-18. Public Lands; Selling Goods or Parades.
NO peddler, storekeeper, merchant or other person shall use or
occupy any portion of any public square, park, street or sidewalk for
the purpose of selling or offering for sale any goods, wares or mer-
chandise; and no parades are allowed on city property or streets ex-
cept as approved by the city council.
Sec. 14-19. Public Houses; Disturbances Prohibited.
It shall be unlawful for any person who owns or operates a hotel,
tavern·. or'.inn or any other person: or persons, ~keeping a public house,
to permit persons who may resort to their houses to disturb their neigh-
bors, either in the day or in the night time, by loud cries, carousals,
songs or other noises, calculated or having the effect to interrupt the
tranquility, peace and quietude of the neighborhood.
Sec. 14-20. State Misdemeanors; Commission within City Prohibited.
It shall be unlawful to commit within the city any act which shall
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be recognized by the laws of the State of Florida as a misdemeanor,
and the commission of such acts are forbidden.
Sec. 14-21. Stones; Throwing Prohibited.
Any person found guilty of throwing stones, or other missiles,
endangering persons or property, within the city limits, shall be
punished as provided by Section 1-8 of this code.
Sec. 14-22. Riding Skateboards on Streets, Sidewalks, etc., Pro-
hibited.
It shall be unlawful for any person to ride or use a skateboard
on the streets, alleys, public parks or parking lots open to the use
of the general public.
Sec. 14-23. Operating Airboats Within Corporate Boundaries Prohibited.
It shall be unlawful to operate an airboat or any other boat of
similar construction and power within the corporate boundaries of the
City of Clermont.
Sec. 14-24. Lighting of Property.
It shall be unlawful to illuminate any property in such a manner
to cause unnecessary and unreasonable reflection, glare or light on
other property. Lights used to illuminate property shall be installed
and operated to reflect light away from adjoining premises.
Sec. 14-25. Glass Containers, Animals Prohibited on Beaches; Penalty.
(a) It shall be unlawful for any person to carry, possess, dis-
tribute or in any other manner have in his possession any glass containers
on city beaches in the City of Clermont.
(b) Dogs, cats and other animals are hereby prohibited from being
on or about city beaches. The owner of said animal shall be strictly
liable for any animal found on the city beaches.
(c) Any person being found in violation of this section shall,.
upon conviction, be punished by a fine as provided in Section 1-8 of
this Code.
SECTION 2.
Chapter 14, Sections 14-26 through 14-47 are hereby repealed.
SECTION 3.
All ordinances or parts of this ordinance in conflict herewith
are hereby repealed.
SECTION 4.
Should any section or part of this section be declared invalid by
any court of competent jurisdiction, such adjudications shall not apply
to or affect any other provision of this ordinance, except to the extent
that the entire section or part of the section may be inseparable in
meaning and effect from the section to which such holding shall apply.
SECTION 5.
This ordinance shall be published as provided by law and it shall
become law and shall take effect immediately upon its second reading
and final passage.
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CODE ORDINANCES
NO. 233-C
First Reading this PJfJz., day of ~ , 1983
Second Reading this IJ.~ day of ~) , 1983.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS I J. i:Jv DAY OF ~ ' 1983.
CI~ CLERMONT
CHA~A~" ~
ATTEST:
~¿~~it;
Clerk
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing ordinance
233-C was published one time between the first and second reading of
said ordinance in a newspaper of general circulation located within the
City of Clermont, as required under the charter of the Ci~¥ of Clermont,
FIO~, said ordinance having been published on the :J4fj,) day of
I I{QU[~ , 1983.
~¿'tr'S~~~:~~ ~lerk