HomeMy WebLinkAbout2011-OR-30 1
Ordinance 2011 -OR- 30
AN ORDINANCE DECLARING A MORATORIUM
ON THE FILING OF CERTAIN APPLICATIONS FOR
TRANSIENT MERCHANT BUSINESS PERMITS IN THE CITY
OF JEFFERSONVILLE. INDIANA
WHEREAS, the Jeffersonville City Council is vested with the power, duty and
obligation to enact ordinances and laws that are designed to provide for public safety, health and
welfare of the citizens of Jeffersonville, Indiana;
WHEREAS, in an effort to protect and assure the public health, safety and welfare the
City of Jeffersonville periodically reviews its business regulations to ensure their applicability,
safety and fitness not only for commerce within the City of Jeffersonville, but also for the peace,
dignity and safety of the Citizens of Jeffersonville.
WHEREAS, it has come to the attention of the Police Department that individuals have
appeared around the City purporting to be door -to -door merchants, only to be using that cover as
a means to approach residences within the city to determine whether anyone to be home during
the day. Empty residences have thus been the subject of burglary.
WHEREAS, the City of Jeffersonville, the council and its subdivisions have the authority
pursuant to Indiana law and local ordinance to develop business regulation ordinances, establish
business standards that are promulgated for the purpose of providing for the public health, safety
and welfare;
WHEREAS, by virtue of the higher incidence of burglary and property loss by "unlicensed
solicitors", concerns have been expressed by the Administration, the Mayor and the Chief of
Police as to the adequacy of the City's current Business Regulation regarding Transient
Merchants;
WHEREAS, by virtue of the relatively higher rate reported crime, an increase in the stress
upon the City's police department response will naturally occur. The increase upon these a
services can result in an increased reliance upon the taxpayer to fund additional personnel as
reported incidents increase. Based on the foregoing, the Jeffersonville City Council does hereby
declare that this emergency ordinance is necessary to protect the public health, safety and welfare
to prohibit the new applications for Transietn Merchants for a period of ninety (90) days while the
City's Legal Department reviews the current procedures and develop standards that promote
commerce within the City, but protects the citizenry from crime.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JEFFERSONVILLE DOES
HEREBY ORDAIN AS FOLLOWS:
ONE: The City Council of Jeffersonville, Indiana hereby finds and declares that there is a need to
enact an emergency interim ordinance declaring a moratorium on the acceptance of applications
for Transicnt Merchants within the City of Jeffersonville, subject to the findings and conditions
contained in this ordinance because the City intends to review and potentially prepare
amendments to the Transient Merchant standards within thc City's Business Regulations, in order
to address concerns regarding incidents of burglary and for crime prevention. Continuing to
accept applications while review is being conducted may allow unlicensed `Transient Merchants"
to victimize unocupied residences. Based on the foregoing, the Jeffersonville City Council does
hereby declare that this emergency ordinance is necessary to protect the pubilc safety and welfare
to prohibit thc new applications for Transient Merchants while the current standards are reviewed
and proposals arc made for the modifications of these regulations;
TWO: The Jeffersonville City Council hereby declares a moratorium on the filing, processing and
approval of any applications for Transient Merchants within the City of Jeffersonville, Indiana;
THREE: This moratorium shall become effective immediately upon the adoption and shall remain
in full force and effect for ninety days (90) from the date of the adoption unless rescinded,
amended or otherwise changed by the Jeffersonville City Council pursuant to the laws and
procedures of the State of Indiana.
This Ordinance shall be in full force and effect from and after its passage by the
Jeffersonville Ciry Council.
V. „ Voted Against:
1� %i
r � � Adieri
Passed this (0 day of Swn , 2011.
1/ /t
T . mas Galligan, �:r�
Attest: F q I ,
Pc City Clerk Treasurer
Presented by me, Peggy Wilder, the Cit T�reasurer, to the Mayor of the City of
Jeffersonville, Indiana on this le day of ` "' , 2011.
114 I Lack )
Pcggy `.‘411 r, Clerk - Treasurer
This Ordinance signed an approved by Thomas Galligan, Mayor of the City of
Jeffersonville, Indiana this /D day of 4' k ✓ iQ , 2011.
7 ///
,• Abet - t
masGalligan,'' f