1
The Public Health & Safety Committee offers its first substitute to
2
File No. 2007-980:
3
4
Introduced
by
Council
Members
W.
Jones,
Hyde
and
5
substituted by the Public Health & Safety Committee:
Lee,
and
6
7
8
ORDINANCE 2007-980
9
AN ORDINANCE REGARDING NEWSPAPER STREET SALES;
10
RE-ENACTING SECTION 250.118 (NEWSPAPER STREET
11
SALES ALLOWED), ORDINANCE CODE, AS CREATED IN
12
ORDINANCE
2004-882-E,
13
PROVISION;
CONTINUING
14
NEWSPAPER STREET SALES; PROVIDING DIRECTION TO
15
THE CODIFIERS; PROVIDING AN EFFECTIVE DATE.
WITHOUT
THE
A
SUNSET
AUTHORIZATION
OF
16
17
WHEREAS,
in
18
provision
19
intersections; and
20
21
by
Ordinance
which
2004-822-E,
newspapers
could
the
Council
be
sold
created
in
a
certain
WHEREAS, at the time of the legislation there was concern
regarding traffic and safety; and
22
WHEREAS,
the
provision
created
a
sunset
provision
to
be
23
provided so that any traffic and safety issues could be addressed;
24
and
25
26
27
WHEREAS, there have been no incidents of safety or traffic
concerns; and
WHEREAS, the Council finds that re-enacting section 250.118,
28
Ordinance Code, would serve the public interests; now therefore
29
BE IT ORDAINED by the Council of the City of Jacksonville:
30
Section 1.
31
Section
250.118
Allowed), Ordinance Code, re-enacted.
(Newspaper
Street
Sales
Section 250.118 (Newspaper
1
Street Sales Allowed), Ordinance Code, having sunsetted on November
2
28, 2005, is hereby re-enacted to read as follows:
3
CHAPTER 250.
4
MISCELLANEOUS BUSINESS REGULATIONS.
PART 1.
5
IN GENERAL
*
6
Section 250.118.
7
(a)
*
Newspaper street sales allowed.
Notwithstanding
met. For purposes of this section, a "newspaper" means any current
11
news publication printed in the language most commonly spoken in
12
the area within which it circulates, which is readily available for
13
purchase by all inhabitants in its area of circulation, but does
14
not
15
particular
16
primary function of which is to carry legal notices, or a newspaper
17
that is given away primarily to distribute advertising.
(b)
Persons
or
who
occupational
are
credentialed
or offer
by
a
22
circumstances are met:
providing
the
for
the
upon
street
sell
newspaper
a
21
a
to
and
a
of
newspapers while the newspaper salesperson or customer or both are
of
allowed
group,
members
20
portion
be
authorized
for
City,
newspaper
paved
shall
primarily
the
19
the
business
intended
throughout
804.805,
10
professional
allowed
Section
provided the requirements in subsection (b) of this Section are
newspaper
be
of
9
a
shall
provisions
newspaper
include
sales
the
8
18
street
*
sale
following
23
(1)
Newspaper salespersons on paved portions of the
24
street must wear at least one-half of one square foot of
25
high visibility, reflective clothing on the front and
26
back.
27
(2)
28
only to stopped motor vehicles and shall not hinder or
29
impede traffic.
30
(3)
31
driver's side of a vehicle unless there is a passenger on
Newspaper salespersons may sell or offer to sell
Newspaper
salespersons
2
may
approach
only
the
1
the passenger side of the vehicle.
2
(4)
3
portion of the street if a traffic light which faces the
4
salespersons
5
salesperson is green or flashing yellow.
6
(5)
7
years of age.
8
(6)
9
knock or touch the outside of a motor vehicle which is in
No newspaper salespersons shall be in the paved
and
which
is
within
100
feet
of
the
No newspaper salespersons shall be less than 18
No newspaper salespersons shall bang, hit, tap,
10
operation
on
a
street
in
such
a
manner
as
would
11
reasonably be expected to attract the attention of any
12
occupant of the motor vehicle.
13
(7)
14
the
15
instrument,
16
harmless the City against any and all claims, demands and
17
actions in law or equity that may be made or brought
18
against the City due to any such activity of a newspaper
19
salesperson.
20
(8)
21
do sales by the newspaper business, and shall, at the
22
time of such sales, be wearing a photo ID badge clearly
23
identifying
24
business phone number, and some form of identifying name
25
or number which can be used to identify the salesperson.
26
(9)
27
Jacksonville
28
traffic
29
location, and shall refrain, during the following year,
30
from allowing newspaper sales at the 10 intersections and
31
two corridors on such report(s) which have the highest
Any person who acts as a newspaper salesperson in
paved
portion
of
expressly
the
agree
street
shall,
by
to
indemnify
written
and
hold
All newspaper salespersons shall be authorized to
the
newspaper
business,
the
newspaper
Newspaper businesses shall annually review such
Sheriff's
accident
Offices
frequency,
3
reports
relative
to
that
provide
intersection
1
2
number of accidents.
(c)
This Section shall constitute the only exception to
3
Section 804.805 and shall not allow charitable solicitations or
4
other sales.
5
6
7
(d)
This Section shall apply throughout Duval County except
in the second, third, fourth and fifth urban service districts.
Section 2.
Providing Direction to the Codifiers.
The
8
Codifiers are directed to strike the sunset provision currently in
9
Section 250.118(e).
10
Section 3.
Effective.
This
Ordinance
shall
become
11
effective upon signature by the Mayor or upon becoming effective
12
without the Mayor’s signature.
13
14
Form Approved:
15
16
____/s/ Margaret M. Sidman__________
17
Office of General Counsel
18
Legislation Prepared By: Steven E. Rohan
19
G:\SHARED\LEGIS.CC\2007\sub\2007-980.Chapter 250.118 (Newspaper).doc
4