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HomeMy WebLinkAbout2013-OR-6ORDINANCE NO. 2013 -OR- (4 - BEFORE , BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA AN ORDINANCE AMENDING AN ORDINANCE NO. 2012—OR-36 REGULATING SOLICITATION, PEDDLING, AND TRANSIENT MERCHANS WHEREAS, the Jeffersonville Common Council is vested with the power, duty and obligation to enact ordinances and laws that are designed to provide for the public safety, health and welfare of the citizens of Jeffersonville, Indiana; and 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, fairness and fitness not only for commerce, but also for the peace, dignity and safety of the Citizens of Jeffersonville; and WHEREAS, the City of Jeffersonville has the authority pursuant to Indiana law to develop business regulation ordinances, establish business standards that are promulgated for the purpose of providing for the public health, safety and welfare; and WHEREAS, the City of Jeffersonville at no time intended to restrict legitimate, non-commercial speech; and NOW, THEREFORE, BE IT ORDAINED by the Common Council its desire to amend Ordinance No. 2012 -OR -36 entitled, "An Ordinance Regulating Door -to -Door Solicitation, Peddling, and Transient Merchants" and incorporate said amendment into Chapter 116 of the Business Regulations Title of the Jeffersonville Code of Ordinances as follows: Section 1. DEFINITIONS For the purposes of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) Noncommercial door-to-door advocate. A person who goes door-to-door for the purpose of disseminating religious, political, social, or other ideological beliefs. For purpose of this article, the term Noncommercial door-to-door advocate shall not fall under the term solicitor or include door-to-door canvassing and pamphleteering intended for non-commercial purposes. Section 6. HOURS OF OPERATION It shall be unlawful for any peddler, professional, fundraiser, solicitor, or person to engage in his/her door to door soliciting within the city on Sunday or before 9 a.m. or after 6 p.m. on Monday through Saturday. This restriction shall not apply to a Noncommercial advocate. Section 7. LICENSE REQUIRED It shall be unlawful for any peddler, professional fundraiser, solicitor, or person to engage in door-to-door soliciting without the city without first obtaining a license to do so. This restriction shall not apply to a Noncommercial advocate. All other provisions of Jeffersonville Ordinance 2012 -OR -36 shall remain in full force and effect. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. VOTED AGAINST: Passed and adopted by the Comms Cour?ciI of the City of Jeffersonville, Clark County, Indiana on this day of , 203 . Connie e Iers,Council Presiden and Presiding Officer ATTEST: la& Vicki Conlin, Clerk Presented by me as Clerk to the Mayor of said City of Jeffersonville this ,32/ day of , , 20 o/. Vicki Conlin, Clerk This Ordinance approved and signed by me this 1 da of 111c 20 Mike Moore; Mayor This Ordinance vetoed by me this day of , 20 Mike Moore, Mayor