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Okaloosa County BOCC — May 6, 2014 — Panhandling Ordinance, Hernando County — reading text
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Hernando County Ordinance on Panhandling:
Sec. 21-3. Solicitation upon medians, streets, and highways.
a. Purpose. The purpose of this section is to prevent dangers to persons
and property, to prevent delays, and to avoid interference with the traffic
flow. Roadways that have center medians often are designed to deal with
specific traffic flow problems. Any delay or distraction may interfere with
traffic planning. Sometimes persons stand near intersections and near
traffic lights to contact drivers or passengers in cars that are passing or that
are stopped temporarily due to traffic lights.
b. Unlawful Acts:
(1) It shall be unlawful for any person to solicit for employment, business,
contributions, or sales of any kind, or collect monies for the same, from the
occupant of any vehicle traveling upon any street or highway, or to
advertise for any purpose, when such solicitation, advertisement or
collection causes the person performing the activity to enter onto the
traveled portion of a street or highway. This section shall not apply to
solicitation or collection for relief of victims during a time of national
emergency as declared by the president or a time of state emergency as
declared by the governor, when such solicitation or collection is carried out
solely by representatives of a governmental or not-for-profit organization
and all goods or money solicited or collected are transferred to a
recognized relief agency for distribution within a reasonable time.
(2) This section may be enforced by any law enforcement agency with
jurisdiction and authority over the street or highway on which violations
occur, which agencies are hereby authorized and directed to enforce this
section.
(3) Violations of this section shall be prosecuted in the name of the state in
a court having jurisdiction of misdemeanors by the prosecuting attorney
thereof and upon conviction shall be punished by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment in the county jail not to
exceed sixty (60) days or by both such fine and imprisonment.
c. Definition.
For purposes of this section, the "traveled portion of the street or highway"
shall mean that portion of the street or highway normally used by moving
motor vehicle traffic and shall include:
(1) Any median area dividing lanes of motor vehicle traffic, whether or not
paved; and
(2) Any area within the road right of way that is four (4) feet or less in
straight line distance from the traveled portion of the street or highway,
such area representing the minimum clear zone of recovery provided for by
applicable traffic engineering standards.
(Ord. No. 98-26, §§ 1—3, 10-13-98; Ord. No.
