§ 62-12. Regulations on soliciting on public rights-of-way.

(a)

The city commission finds and determines that any commercial use of the public right-of-way is incompatible with the intended use of the right-of-way, which is primarily for motor vehicle traffic, is dangerous and otherwise poses a hazard to both motorists and nonmotorists by distracting motorists and by causing motorists to stop and stand in ways that interrupt normal traffic movements often on the city's most heavily traveled thoroughfares. These hazards are also created by persons who use the public right-of-way to solicit charitable donations, or distribute printed materials and other items not of a commercial nature. These safety concerns can be minimized by restricting the solicitation of charitable donations and distribution of printed materials to sidewalks and other nontraffic areas intended for pedestrian use. The city commission finds and determines that preserving the safety of persons using the public right-of-way is a significant governmental interest and the restrictions on solicitation set forth below are the least restriction means of advancing that interest.

(b)

Except as authorized by a permit issued as provided in subsection (f), it is unlawful to approach a motor vehicle being operated on a public right-of-way open for vehicular traffic for any of the following purposes:

(1)

Soliciting or attempting to solicit donations of money or of property of any kind for charitable, religious, educational, benevolent or any other purposes from any occupant of the motor vehicle;

(2)

Collecting or attempting to collect donations of money or of property of any kind for charitable, religious, educational, benevolent or any other purposes from any occupant of the motor vehicle;

(3)

Soliciting or attempting to solicit employment or the purchase of property or of services of any nature whatsoever from any occupant of the motor vehicle;

(4)

Selling or attempting to sell property or services of any nature whatsoever to any occupant of the motor vehicle.

(c)

It shall be unlawful to stand or remain on any median while holding or displaying any advertisement, sign, or other media that is capable of being viewed by any occupant of the motor vehicle.

(d)

Any person convicted of a violation of this section shall be punished by a fine of not more than $500.00, imprisonment for a term not exceeding 60 days, or any combination thereof as set forth in section 1-6 of this Code.

(e)

For the purposes of this section:

(1)

Public right-of-way means all portions of any public roadway normally available for use by motor vehicles, including turn lanes, marked bicycle lanes, and emergency stopping lanes, as well as all medians or traffic islands within such roadways. Public right-of-way shall not include sidewalks or other areas adjacent to the roadway.

(2)

Median means a paved, planted, or unimproved area of land dividing lanes of a street.

(f)

As provided in F.S. § 337.406, the city may issue permits of limited duration for the temporary use of the public right-of-way for solicitations of funds authorized under F.S. ch. 496, if it is determined that the use will not interfere with the safe and efficient movement of traffic and the use will cause no danger to the public.

(1)

A permit for solicitation on the right-of-way of any public street or highway in the city may be obtained from the chief of police or his designee, provided the applicant meets the following criteria:

a.

The application shall be filed not less than 14 calendar days prior to the proposed solicitation.

b.

The applicant shall provide its name and address, including the name and address of any charitable organization to receive funds from the solicitation.

c.

The applicant shall provide a plan for review and comment by the traffic engineering division. The plan must provide for the safety of all persons participating in the solicitation, as well as the motoring public, at the locations where the solicitation will take place.

d.

The applicant shall indicate in specific detail the location or locations of such solicitation, together with the hours thereof. No solicitation period shall exceed three consecutive days. All solicitation shall occur during daylight hours only.

e.

The applicant shall provide proof of commercial general liability insurance against claims for bodily injury and property damage occurring on any roadways and rights-of-way within the corporate limits or arising from the applicant's solicitation activities or use of the roadways and rights-of-way within the corporate limits by applicant or the applicant's agents, contractors or employees having limits of not less than $1,000,000.00 per occurrence for the general aggregate. The certificate of insurance shall name the city as an additional insured and shall be filed with the city risk manager no later than 72 hours before the date of solicitation.

f.

The applicant shall provide proof of registration with the Florida Department of Agriculture and Consumer Services pursuant to F.S. § 496.405, or proof that it is exempt from the registration requirement.

(2)

No person engaging in solicitation activities shall:

a.

Persist after solicitation has been denied.

b.

Shake, open, or attempt to open any vehicle's door, hatch, or tailgate.

c.

Accost or harass persons, or act in a demanding, threatening or intimidating manner.

d.

Obstruct, delay, or interfere with the free movement of either pedestrians or vehicular traffic.

e.

Use any sound or voice-amplifying apparatus or device.

(3)

The chief of police, or his designee, may issue a permit authorizing the solicitation if he determines, that the solicitation will not interfere with the safe and efficient movement of traffic and will not cause danger to the participants or the public.

a.

The permit may contain terms, conditions, or restrictions as are necessary to ensure the safe and efficient movement of traffic and to prevent endangering the participants or the public.

b.

Permits issued pursuant to this section shall be for a specific time period not to exceed three consecutive days.

c.

No individual or group shall be granted more than one permit per calendar year.

d.

The city may rescind any permit or decline to issue subsequent permits to any individual or group violating the terms, conditions, or restrictions of the permit or for violating any requirement of this section, any other city ordinance or regulation, or any state statute or rule.

(4)

The applicant shall comply with all other laws, ordinances, and regulations pertaining to public safety, traffic, and solicitation.

(5)

During active solicitation, at least one solicitor at each location shall be in possession of copies of the authorizing permit and the certificate of insurance and shall display the copies to any law enforcement officer upon request. All persons participating in the solicitation shall be at least 18 years of age and shall possess picture identification.

(6)

Signage providing notice of the solicitation shall be posted at least 500 feet before the site of the solicitation.

(Ord. No. 1024, 9-8-09)