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ORDINANCe NO. 1 169 (#?3, 01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL
CODE .9 5. 1 6,- MODII- YING RULES AND REGULA TIONS FOR
ITINERANT MERCHANTS, SOLICITORS, AND VENDORS IN THE
ell Y OF JACKSONVILLE,- AND, FOR OTHER PURPOSES
WHEREAS, MEMBERS OF THE COMMUNITY HAVE COMPLAINED REGARDING
CONTINUED PROBLEMS WITH ITINERANT MERCHANTS, SOLICITORS, AND VENDORS
IN THE CITY OF JACKSONVILLE: AND,
WHEREAS, BECAUSE MORE SPECIFIC REGULATIONS IN THE JACKSONVILLE
MUNICIPAL CODE ARE NEEDED TO ADDRESS PARTICULAR ISSUES AND PROBLEMS
WITH ITINERANT MERCHANTS AND VENDORS, A COMMIt tEE OF THE JACKSONVILLE
CITY COUNCIL HAS MET TO SEEK PUBLIC INPUT. AFTER DISCUSSION OF
RESTRICTIONS ON AREAS OF OPERATION, HOURS OF OPERATION, AESTHETIC
CONTROLS AND DESIGN STANDARDS, AND BANNING SALES, THE COMMit tEE HAS
DEVELOPED A SET OF RULES, REGULATIONS, AND GUIDELINES TO ADDRESS THE
HEALTH AND SAFETY ISSUES OF ITINERANT MERCHANTS, SOLICITORS, AND
VENDORS. WITH THE PRIMARY PURPOSE OF INSURING EQUALITY OF OPPORTUNITY
WHILE PROVIDING FOR THE NEEDS, HEALTH, AND SAFETY OF THE CITIZENS OF
JACKSONVILLE, THE COMMit tEE BELIEVES ENACTMENT OF THE FOLLOWING
WOULD BENEFIT THE CITY OF JACKSONVILLE.
NOLIV': THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THA T.
SECTION ONE: JACKSONVILLE MUNICIPAL CODE ~ 5.16 IS
HEREBY AMENDED TO INCLUDE THE FOLLOWING ADDITIONS, DELETIONS, AND
MODIFICATIONS:
(A) JMC S 5.1 6.01 0 (PURPOSE)
THE PURPOSE OF THIS ORDINANCE IS TO: PROTECT AGAINST CRIMINAL
ACTIVITY, INCLUDING BURGLARY AND FRAUD: MINIMIZE UNWELCOME
DISTURBANCES TO CITIZENS AND THEIR PRIVACY; INSURE EQUALITY OF
OPPORTUNITY FOR ITINERANT PEDDLERS, MERCHANTS, AND VENDORS OF
MERCHANDISE AND SERVICES AND SOLICITORS OF BOOKS SALES AND MAGAZINE
SUBSCRIPTIONS; ESTABLISH REQUIREMENTS FOR SUCH MERCHANTS TO BE
LICENSED TO CONDUCT BUSINESS WITHIN THE CITY; AND, PRESERVE THE PUBLIC
HEALTH, SAFETY, AND WELFARE.
(B) JMC s 5.1 6.01 1 (DEFINITIONS)
FOR PURPOSES OF THIS ORDINANCE, THE TERM "ITINERANT MERCHANT,
SOLICITOR, OR VENDOR" MEANS ANY BUSINESS, ENTITY, INDIVIDUAL, AND/ OR
PARTY NOT CONDUCTING BUSINESS IN OR FROM A PERMANENT LOCATION UPON
PRIVATE PROPERTY (OWNED OR LEASED) WITHIN THE CITY LIMITS WHO GOES UPON
ANY PRIVATE RESIDENCE AND/OR BUSINESS WITHIN THE CITY, NOT HAVING BEEN
INVITED BY THE OCCUPANT THEREOF, FOR THE PURPOSE OF SELLING AND/OR
TAKING ORDERS FOR GOODS, MERCHANDISE, BOOKS, MAGAZINES, OR PERSONAL
PROPERTY OF ANY NATURE. THIS DEFINITION ALSO INCLUDES ANY PERSON WHO
MAKES DELIVERIES TO PURCHASERS OF ANY OF THE ABOVE.
(C) JMC s 5.16.020 (PERMIT REQUIREMENTS AND
EXEMPTIONS)
IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN ITINERANT
PEDDLING, SOLICITING, OR VENDING WITHIN THE CITY OF JACKSONVILLE WITHOUT
FIRST OBTAINING A PERMIT ISSUED BY THE CITY ENGINEER'S OFFICE (OR HIS
DESIGNATED REPRESENTATIVE).
ALL SOLICITATIONS, SALES, AND ACTIVITY MUST OCCUR WITHIN THE HOURS
OF 9:00 A.M. UNTIL 7:00 P.M, MONDAY THROUGH FRIDAY. FURTHER, ALL
ITINERANT MERCHANTS, SOLICITORS, OR VENDORS WILL CONDUCT THEIR
BUSINESS IN COMPLIANCE WITH ALL APPLICABLE JACKSONVILLE MUNICIPAL CODE
PROVISIONS, EMPHASIZING THOSE APPLICABLE TO HEALTH AND SAFETY (I.E.,
HEALTH CODE, FIRE AND SAFETY PROVISIONS, SETBACK REQUIREMENTS, ETC.).
EXCEPTIONS WILL BE MADE FOR THOSE SOLICITING ON BEHALF OF A LOCAL
CHARITABLE, EDUCATIONAL, POLITICAL, OR RELIGIOUS ENTITY OR EVENT.
(D) JMC 9 5.16.021 (PERMIT APPLICATION) EVERY
PERSON SUBJECT TO THE PROVISIONS OF THIS ORDINANCE SHALL FILE WITH THE
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PAGE Two
CITY ENGINEER'S OFFICE (OR HIS DESIGNATED REPRESENTATIVE) AN APPLICATION
ON A FORM FURNISHED BY THE DEPARTMENT THE FOLLOWING INFORMATION:
(1) PROOF OF AGE:, ADDRESS, AND IDENTIFICATION OF ApPLICANT, AS VERIFIED
BY THE ApPLICANT'S DRIVER'S LICENSE, ARTICLES OF INCORPORATION (IF A
CORPORATION), OR OTHER LEGALLY RECOGNIZED FORM OF IDENTIFICATION:
(2) BRIEF DESCRIPTION OF THE BUSINESS OR ACTIVITY TO BE CONDUCTED:
(3) HOURS AND LOCATIONS IN WHICH SOLICITATION WILL OCCUR;
(4) IF EMPLOYED OR ACTING AS AN AGENT, THE NAME, ADDRESS, AND
TELEPHONE NUMBER OF THE EMPLOYER/PRINCIPAL, WITH APPROPRIATE
CREDENTIALS IN WRII 1 EN FORM VERIFYING SAID RELATIONSHIP;
(5) A STATEMENT VERIFYING WHETHER OR NOT ApPLICANT HAS BEEN
CONVICTED OF A FELONY, MISDEMEANOR, OR ORDINANCE VIOLATION (OTHER THAN
TRAFFIC OFFENSES), THE NATURE OF THE OFFENSE, THE PENALTY OR PUNISHMENT
IMPOSED, THE DATE WHEN AND PLACE WHERE SUCH OFFENSE OCCURRED, AND
OTHER PERTINENT DI::.I AILS THEREOF;
(6) PROOF OF POSSESSION OF ANY LICENSE OR PERMIT WHICH, UNDER
FEDERAL, STATE, OR LOCAL LAW, ApPLICANT IS REQUIRED TO HAVE IN ORDER TO
CONDUCT THE PROPOSED BUSINESS OR WHICH WOULD EXEMPT ApPLICANT FROM
THE LICENSING REQUIREMENTS OF THIS ORDINANCE; AND,
(7) SUBMISSION OF OR TO A PHOTOGRAPH OF ApPLICANT TO BE MAINTAINED
BY THE DEPARTMENT.
(E) JMC s 5.16.022 (BOND REQUIREMENTS)
ApPLICANTS REQUIRING DEPOSITS, TAKING ORDERS REQUIRING PAYMENT
(C.O.D.), OR WHO REQUIRE A CONTRACT FINANCING THE SALE OF MERCHANDISE
OR SERVICES FOR FUTURE DELIVERY OR PERFORMANCE SHALL FURNISH TO THE
DEPARTMENT A BOND IN AN AMOUNT EQUAL TO TWENTY FIVE PERCENT (25%) OF
ApPLICANT'S GROSS SALES DURING THE PREVIOUS CALENDAR YEAR OR Two
THOUSAND FIVE HUNDRED DOLLARS ($ 2,500.00), WHICHEVER IS GREATER.
(F) JMC s 5.1 6.023 (BADGES)
AT THE SAME TIME THE PERMIT ApPLICATION IS SUBMII 1 ED, ApPLICANT
SHALL SUBMIT TO THE DEPARTMENT A PHOTO BADGE OR IDENTIFICATION CARD
WHICH SHALL BE WORN OR DISPLAYED IN SUCH A WAY AS TO BE CONSPICUOUS AT
ALL TIMES WHILE ApPLICANT IS WORKING IN THE CITY. THE BADGE OR
IDENTIFICATION CARD MUST DISPLAY THE NAME OF THE ApPLICANT (AS IT APPEARS
ON THE ApPLICATION), THE COMPANY OR ENTITY REPRESENTED, AND THE
COMPLETE ADDRESS AND/OR CITY AND STATE OF THE ApPLICANT/COMPANY'S
PERMANENT LOCATION. BADGES ARE NOT TRANSFERABLE AND MUST BE
PROVIDED FOR EACH REPRESENTATIVE.
(G) JMC s 5.16.024 (REVIEW AND PERMIT ISSUANCE)
UPON RECEIPT OF AN APPLICATION, THE DEPARTMENT SHALL REVIEW THE
APPLICATION IN A TIMELY MANNER UNDER THE TERMS OF THIS ORDINANCE TO
ENSURE THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND GENERAL
WELFARE. IF THE DEPARTMENT FINDS THE APPLICATION SATISFACTORY, THE
REVIEWING PARTY MUST ENDORSE APPROVAL ON THE APPLICATION AND SHALL,
UPON PAYMENT OF THE PRESCRIBED FEES AND COSTS, ISSUE THE PERMIT TO
ApPLICANT.
PERMIT FORMS SHALL SHOW THE PERMIT NUMBER, NAME, ADDRESS, AND
TELEPHONE NUMBER OF ApPLICANT, THE NATURE OF MERCHANDISE OR SERVICES
TO BE SOLD OR PROVIDED, THE DATE OF ISSUANCE, HOURS OF AUTHORIZED
OPERATION, LENGTH OF TIME THAT THE PERMIT SHALL BE IN EFFECT, AND THE
VEHICLE LICENSE NUMBER OF ANY VEHICLE(S) TO BE USED IN CONDUCTING THE
BUSINESS AUTHORIZED BY THE PERMIT. THE ORIGINAL (OR A PHOTOGRAPHIC COPY
THEREOF) OF THE PERMIT SHALL BE WITH ApPLICANT AT ANY TIME BUSINESS IS
CONDUCTED WITHIN THE CITY LIMITS. FURTHER, THE DEPARTMENT WILL MAINTAIN
A COPY OF THE PERMIT AND ITS A I I ACHMENTS FOR A PERIOD OF NO LESS THAN
THREE (3) YEARS. A II ACHED TO THE DEPARTMENT'S COpy OF THE PERMIT SHALL
BE A PHOTOGRAPH OF ApPLICANT AND A COPY OF THE BADGE(S) PRESENTED BY
ApPLICANT.
(H) JMC s 5.1 6.025 (DENIAL OF PERMIT)
UPON REVIEW OF A~N APPLICATION, THE CITY ENGINEER (OR HIS
DESIGNATED REPRESENTATIVE) MAY REFUSE TO ISSUE A PERMIT UNDER THIS
ORDINANCE FOR THE FOLLOWING:
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PAGE THREE
(1) LOCATION AND/OR TIME OF SOLICITATION WOULD ENDANGER THE SAFETY
AND WELFARE OF THE ITINERANT MERCHANTS, SOLICITORS, OR THE PUBLIC;
(2) INFORMATION OR AN INVESTIGATION REVEALS FALSE OR MISLEADING
INFORMATION WAS PROVIDED ON THE APPLICATION;
(3) ApPLICANT'S CONVICTION OF A FELONY, MISDEMEANOR, OR VIOLATION
INVOLVING A SEX OFFENSE, CONTROLLED SUBSTANCE DISTRIBUTION OFFENSE,
VIOLENT ACTS AGAINST PERSON OR PROPERTY, OR VIOLATION OF ANOTHER
MUNICIPALITY'S PROVISIONS REGARDING ITINERANT MERCHANTS/SOLICITATION,
SUCH CONVICTION BEING ENTERED WITHIN THE PRECEDING FIVE (5) YEARS:
(4) ApPLICANT IS A PERSON AGAINST WHOM A JUDGMENT BASED UPON, OR
CONVICTION FOR, FRAUD, DECEIT, OR MISREPRESENTATION HAS BEEN ENTERED
WITHIN THE PRECEDING FIVE (5) YEARS;
(5) No PROOF THAT ApPLICANT HAS THE AUTHORITY TO SERVE AS AN
AGENT/EMPLOYEE OF THE COMPANY/PRINCIPAL REPRESENTED;
(6) ApPLICANT'S DENIAL OF SUCH A PERMIT IN THIS OR ANY OTHER
MUNICIPALITY WITHIN THE PRECEDING TWO (2) YEARS, UNLESS ApPLICANT CAN
AND DOES SHOW TO THE SATISFACTION OF THE DEPARTMENT THAT THE REASONS
FOR SUCH EARLIER DENIAL NO LONGER EXIST; OR,
(7) ANY OTHER ARTICULATE AND LEGITIMATE REASON THAT DIRECTLY
SUPPORTS THE PURPOSES OF THIS ORDINANCE AS STATED HEREIN.
(I) JMC 9 5.16.026 (PERMIT COSTS AND EXPIRATION)
ALL PERMITS ISSUED UNDER THE PROVISIONS OF THIS ORDINANCE SHALL
BE VALID FOR A PERIOD OF ONE (1) CALENDAR DAY, WITH ISSUANCE NOT TO
EXCEED FIVE (5) BUSINESS DAYS. PERMITS SHALL BE AVAILABLE FOR ONE (1 ) DAY
AT A COST OF TWENTY-FIVE DOLLARS ($25.00) PER DAY. ADDITIONAL PERMITS
CAN BE OBTAINED AT A FEE OF TWENTY-FIVE DOLLARS ($25.00) PER DAY UP TO A
MAXIMUM OF A FIVE (5) DAY PERMIT AT A COST OF ONE HUNDRED TWENTY-FIVE
DOLLARS ($1 25.00).
(J) JMC 9 5.1 6.030 (PAYMENT OF PRIVILEGE TAX AND/OR
ITINERANT MERCHANT PERMIT FEE REQUIRED)
IN ADDITION TO THE ABOVE PROVISIONS OF THIS CHAPTER, ANY PERSON,
FIRM OR CORPORATION SHALL PAY THE PRIVILEGE TAX REQUIRED FOR THAT
PARTICULAR ENDEAVOR BY CITY ORDINANCE. ITINERANT MERCHANTS WHO HAVE
PAID A CURRENT YEAR PRIVILEGE TAX TO A MUNICIPALITY WITHIN ARKANSAS SHALL
NOT BE REQUIRED TO PAY SAID TAX AGAIN UPON PROVIDING PROOF OF PAYMENT
OF SAID TAX TO THE CITY ENGINEER'S OFFICE (AND/OR HIS DESIGNATED
REPRESENTATIVE) .
(K) JMC 9 5.16.040 (SOLICITATION UPON PRIVATE
PROPERTY RESTRICTED)
IT SHALL BE UNLAWFUL FOR ANY PERSON, WHETHER LICENSED OR
UNLICENSED, WHILE CONDUCTING THE BUSINESS OF A PEDDLER, ITINERANT
MERCHANT, OR SOLICITOR, TO ENTER UPON ANY RESIDENTIAL AND/OR
COMMERCIAL PREMIS{::S IN THE CITY WHERE THE OWNER, OCCUPANT, OR PERSON
LEGALLY IN CHARGE OF THE PREMISES HAS POSTED, AT THE ENTRY TO THE
PREMISES, OR AT THE POINT OF ENTRY TO THE PRINCIPAL BUILDING ON THE
PREMISES, A SIGN BEARING WORDS TO THE EFFECT OF "No
SOLICITORS/PEDDLERS" 9
(L) JMC 9 5.1 6.050 (EXCLUSIONS)
LOCAL CIVIC, NON-PROFIT (I.E., CHARITABLE), EDUCATIONAL, POLITICAL,
AND RELIGIOUS ORGANIZATIONS SHALL BE EXEMPT FROM THE TERMS OF THIS
ORDINANCE, WITH THE EXCEPTION THAT NO SUCH SOLICITATIONS WILL OCCUR
FROM 8:00 P.M. TO 9:00 A.M. CST,
(M) JMC 9 5.16.060 (ENFORCEMENT)
THE CITY ENGINEER'S OFFICE, BY AND THROUGH THE CODE ENFORCEMENT
OFFICE (OR HIS DESIGNATED REPRESENTATIVE), AND THE JACKSONVILLE POLICE
DEPARTMENT ARE HEREBY EMPOWERED TO ADMINISTER THE PROVISIONS OF THIS
ORDINANCE AND TO REVOKE ANY SUCH PERMIT WHEN DEEMED APPROPRIATE.
IT SHALL BE THE RESPONSIBILITY OF THE CODE ENFORCEMENT OFFICE TO
INSURE THAT EACH ENTITY SEEKING TO DO BUSINESS IN THE CITY IS REGISTERED
AND/OR LICENSED WHEN NECESSARY WITH APPROPRIATE GOVERNMENT ENTITIES
AND IS SUFFICIENTLY LICENSED TO COLLECT ANY APPLICABLE SALES TAXES.
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(N) JMC 9 5.1 6.070 (PERMIT REVOCATION)
ANY PERMIT ISSUED HEREUNDER MAY BE REVOKED OR SUSPENDED BY THE
CITY ENGINEER (OR HIS DESIGNATED REPRESENTATIVE) AFTER NOTICE AND
HEARING FOR ANY OF THE FOLLOWING REASONS:
(1) FRAUD, MISREPRESENTATION, OR FALSE STATEMENT(S) MADE IN THE
APPLICATION FOR A PERMIT;
(2) FRAUD, MISREPRESENTATION, OR FALSE STATEMENT(S) MADE BY THE
PERMII I EE DURING THE COURSE OF CONDUCTING BUSINESS;
(3) CONDUCTING BUSINESS ACTIVITIES CONTRARY TO THE PROVISIONS
CONTAINED IN THE PERMIT; AND/OR,
(4) CONDUCTING PEDDLING, SOLICITATION, OR BUSINESS ACTIVITIES IN SUCH A
MANNER AS TO CREATE A PUBLIC NUISANCE, CONSTITUTE A BREACH OF THE
PEACE, OR ENDANGER THE HEALTH, SAFETY, OR GENERAL WELFARE OF THE
PUBLIC.
(0) JMC 9 5.1 6.071 (NOTICE AND HEARING)
WRII I EN NOTICE OF A HEARING FOR REVOCATION OF A PERMIT ISSUED
UNDER THIS ORDINANCE SHALL BE PROVIDED AND SHALL SET FORTH
SPECIFICALLY THE GROUNDS FOR PROPOSED REVOCATION, TOGETHER WITH THE
DATE, TIME, AND PLACE OF SAID HEARING. NOTICE SHALL BE MAILED, POSTAGE
PREPAID, TO PERMII I EE AT THE ADDRESS SHOWN ON THE PERMIT APPLICATION OR
AS UPDATED BY PERMII lEE.
AT THE HEARING, THE CITY ENGINEER (OR HIS DESIGNATED
REPRESENTATIVE) SHALL PRESENT INFORMATION GATHERED IN SUPPORT OF THE
GROUNDS FOR REVOCATION OF SAID PERMIT. PERMit I EE SHALL THEN BE GIVEN
THE OPPORTUNITY TO PRESENT INFORMATION OR MATERIALS IN SUPPORT OF ITS
POSITION REGARDING THE PERMIT.
UPON CONCLUSION OF THE HEARING, THE CITY ENGINEER SHALL ISSUE, IN
WRITING, A DECISION REGARDING THE PERMIT STATUS. SUCH A STATEMENT SHALL
BE PROVIDED TO PERMII I EE BY MAIL, POSTAGE PREPAID, TO THE ADDRESS SHOWN
ON THE PERMIT APPLICATION. ENCLOSED WITH SAID MAILING SHALL BE A
STATEMENT PROVIDING THE INFORMATION CONTAINED IN JMC 9 5.1 6.072.
(P) JMC 9 5.1 6.072 (APPEALS)
ANY PERSON AGGRIEVED BY THE ACTION OR DECISION OF THE CITY
ENGINEER (AND/OR HIS DEf;IGNATED REPRESENTATIVE) TO DENY, SUSPEND, OR
REVOKE A PERMIT APPLIED FOR UNDER THE PROVISIONS OF THIS ORDINANCE
SHALL HAVE THE RIGHT TO APPEAL SUCH ACTION OR DECISION TO THE MAYOR1S
OFFICE (OR HIS DESIGNATED REPRESENTATIVE) WITHIN FIFTEEN (15) DAYS OF
WRII I EN NOTICE OF SAID DECISION.
ANY APPEAL SHALL BE SUBMII I ED IN WRI I I EN FORM TO THE MAYOR'S
OFFICE STATING THE GROUNDS FOR SUCH AN APPEAL. THE MAYOR'S OFFICE
SHALL THEN RECEIVE A PACKET OF INFORMATION FROM THE CITY ENGINEER'S
OFFICE REGARDING THE ACTION TAKEN REGARDING THIS PERMIT.
THE MAYOR'S OFFICE SHALL SET A HEARING NO LATER THAN TWENTY (20)
DAYS FROM THE DATE OF RECEIPT OF ApPELLANT'S WRI I I EN STATEMENT,
WRI I I EN NOTICE OF THE DATE, TIME, AND PLACE OF SAID HEARING SHALL BE
MAILED TO ApPELLANT, POSTAGE PREPAID, TO THE MAILING ADDRESS PROVIDED
ON THE PERMIT.
AT SAID HEARING, THE MAYOR (OR HIS DESIGNATED REPRESENTATIVE)
SHALL ALLOW ApPELLANT TO PRESENT INFORMATION AND MATERIALS RELEVANT
TO THE ACTION TAKEN AGAINST SAID PERMIT. IF NECESSARY, THE MAYOR SHALL
RECEIVE INFORMATION AND MATERIALS FROM THE CITY ENGINEER'S OFFICE
REGARDING THE PERMIT IN QUESTION.
UPON DUE CONSIDERATION, THE MAYOR SHALL ISSUE A WRII I EN NOTICE
PROVIDING HIS DECISION REGARDING THE PERMIT IN QUESTION WITHIN TEN (1 0)
DAYS OF SAID HEARING. SAID NOTICE SHALL BEMAILED.PO~IAGEPREPAID.TO
PERMit I EE AT THE ADDRESS ON THE PERMIT.
THE DECISION OF THE MAYOR'S OFFICE (OR HIS DESIGNATED
REPRESENTATIVE) SHALL BE FINAL AND IS BINDING ON ALL PARTIES CONCERNED.
(0) JMC 9 5.1 6.080 (PENALTY) A BUSINESS, ENTITY,
INDIVIDUAL, AND/OR RESPONSIBLE PARTY WHO VIOLATES ANY PROVISION OF THIS
ORDINANCE SHALL BE SUBJECT TO ARREbl AND/OR ISSUANCE OF A CITATION OR
AFFIDAVIT FOR ARREST FOR SAID VIOLATION(S) AND BROUGHT BEFORE THE
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PAGE FIVE
JACKSONVILLE DISTRICT COURT. ANY SUCH PARTY FOUND GUILTY OF SUCH A
VIOLATION SHALL BE FINED NO LESS THAN ONE HUNDRED DOLLARS ($1 00.00)
NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00). EACH VIOLATION OF ANY
PROVISION OF THIS ORDINANCE SHALL CONSTITUTE A SEPARATE OFFENSE.
(R) JMC 9 5.16.090 (GOING UNINVITED UPON PRIVATE
PROPERTY DURING CERTAIN HOURS - NUISANCE) SHALL BE OMI) ) ED FROM THIS
CODE AND IS SUBSTITUTED BY THE TERMS OF JMC 9 5. 1 6.040.
(S) JMC 9 5.1 6.1 00 (GOING UNINVITED UPON PRIVATE
PROPERTY DURING CERTAIN HOURS - NUISANCE) SHALL BE OMI) ) ED FROM THIS
CODE AND IS SUBSTITUTED BY THE TERMS OF JMC 9 5.1 6.040.
SECTION TWO: ANY SUCH ORDINANCE OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF
SAID CONFLICT.
SECTION THREE. THE PROVISIONS OF THIS ORDINANCE ARE
DECLARED TO BE SEVERABLE. IF ANY CLAUSE, PHRASE, SECTION, AND/OR
SENTENCE OF THIS ORDINANCE SHALL FOR ANY REASON BE HELD TO BE INVALID
OR UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, SUCH
DECISIONS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING CLAUSES,
PHRASES, SECTIONS, AND/OR SENTENCES CONTAINED HEREIN. IT IS
SPECIFICALLY NOTED THAT THE LEGISLATIVE INTENT PROVIDES THAT THIS
ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING THE
VALIDITY/iNVALIDITY OF ANY PART.
SECTION FOUR: BECAUSE OF THE DESIRE FOR EQUALITY OF
OPPORTUNITY FOR ITINERANT MERCHANTS AND THE HEALTH AND SAFETY
PROBLEMS AND FOR THE BENEFIT OF THE HEALTH AND SAFETY OF THE CITIZENS OF
JACKSONVILLE, THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS APPROVAL AND PASSAGE.
APPROVED AND ADOPTED THIS 20TH DAY OF DECEMBER, 2001.
(. ~-~1 J uJCl~/vVl
'tOMMY SWAI7' MAYOR
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