CC Minutes 12/08/2008 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Mioote. of December 8, 2008 . Regular Meeting Page 19 of 24 would be voting against it again because she does not feel it needs to be done. Mayor Glancy stated she concurred with Vice Mayor Hufford's comments and stated she was only voting in favor of the resolution to keep the option open and would prefer alternative budget changes instead of an non-ad valorem tax. Motion carried 4 - 1 (Commissioner Doerner dissenting) by voice vote. Pursuant to policy set via Resolution 06-1703, the City Commission discussed whether the agenda should be modified in light of the time, at 10:00 p.m. Consensus was to continue with the agenda as published, and to keep comments to a minimum for the remainder of the meeting. 10. FIRST READING OF ORDINANCES A. First Reading of Ordinance 09-1264 - Panhandling Ordinance The City Clerk read Ordinance 09-1264 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING ARTICLE III, PEDDLERS AND SOLICITORS, OF THE CODE OF ORDINANCES, TO NOW BE ENTITLED ARTICLE III, PEDDLERS, SOLICITORS, BEGGING AND PANHANDLING; AND COMBINING DIVISIONS I AND 2 INTO DIVISION I, TO BE ENTITLED "PEDDLERS AND SOLICITORS OF GOODS IN RESIDENTIAL AREAS"; CREATING A NEW DIVISION 2, BEGGING, PANHANDLING AND SOLICITING ON PUBLIC AND PRIVATE PROPERTY, TO PROHIBIT PANHANDLING IN CERTAIN AREAS OF THE CITY AND AGGRESSIVE PANHANDLING THROUGHOUT THE CITY; PROVIDING LEGISLATIVE FINDINGS, PROVIDING FOR: BEGGING, PANHANDLING OR SOLICITING ON PUBLIC PROPERTY, SIDEWALKS AND STREETS; PANHANDLING IN CERTAIN DESIGNATED PLACES PROHIBITED; BEGGING, PANHANDLING OR SOLICITING IN PRIVATE BUILDINGS AND PRIVATE PROPERTY PROHIBITED; BEGGING, PANHANDLING OR SOLICITING IN PUBLIC BUILDINGS AND PUBLIC TRANSPORTATION AREAS PROHIBITED; AND PENALTY; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE." Staff Presentation: Police Chief Jim Rufstated Ordinance 09-1264 provides proper enforcement guidance and specifically defines aggressive begging and panhandling activities that are unlawful as opposed to begging and panhandling activities that are Constitutionally protected. The City Attorney noted that passive begging is protected by the First Amendment, and that this an area of law that is constantly evolving and these types of ordinances are actively litigated against by many groups. The ordinance also modifies the existing code on door-to-door peddling, to harmonize it with the new aggressive panhandling section, and to update it in light of recent court decisions. Budget Impact: This item has no impact on the City Budget.