Ordinance No. 2024-19 Regulating Solicitation of Business on Private Residental Property - October 17, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-19
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 3 "ADVERTISING" OF THE CITY CODE OF ORDINANCES
TO CREATE ARTICLE III "BUSINESS SOLICITATION" AND SECTION 3-
36 "SOLICITATION OF BUSINESS ON PRIVATE RESIDENTIAL
PROPERTY"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura ("City") regulates vending and solicitation of
business on certain public roads in Section 48-20 of its Code of Ordinances ("Code") but
is silent as to solicitation of business on private residential property; and
WHEREAS, uninvited solicitation of business on private residential property
(particularly after daylight hours) may create a nuisance, cause inconveniencies, disturb
the peace and encourage the commission of criminal activity by concealing the identity
of the individuals purporting to be solicitors; and
WHEREAS, Miami-Dade County ("County") is proposing an ordinance to regulate
the solicitation of business on private residential property within the County whereby that
ordinance will apply to all municipalities unless a municipality already has an ordinance
in place, or the municipality establishes its own regulations that are more stringent than
the County's ordinance; and
WHEREAS, the City does not already regulate the solicitation of business on
private property in its Code but recognizes that condominium associations and other
residential communities may have rules in effect restricting the solicitation of business on
their properties; and
WHEREAS, the City desires to create its own ordinance that is more stringent
than the County's ordinance; and
WHEREAS, the City Commission finds it is in the best interest of the City and its
residents to create its own regulations for the solicitation of business on private residential
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Article III "Business Solicitation" of
Chapter 3 "Advertising," is hereby created to regulate the solicitation of business on
private property as follows:
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by stFike
City of Aventura Ordinance No. 2024-19
CHAPTER 3 — ADVERTISING
ARTICLE III. — Business Solicitation
Sec. 3-36.- Solicitation of business on private residential property.
(a) It shall be unlawful for any person, firm, corporation, or other legal entity
to engage in any private business, commercial activity, or to undertake
to provide any service for compensation, or to advertise or display
merchandise, or to transact any business for profit, or to solicit business,
on any private residential property between the hours of 7:00 p.m. and
10:00 a.m., without first obtaining the consent of the property owner or
of a person residing at the property.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Codification. That it is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word.
Section 5. Conflict. That all sections or parts of sections of the Code of
Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions
in conflict are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Kruss and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Ordinance No. 2024-19
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on second reading. This motion was seconded by Commissioner Kruss and
upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 3rd day of September, 2024.
PASSED AND ADOPTED on second reading this 171h day of October, 2024.
HOWARD S. WEINBERG, ESQ.
�t'
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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