Fort Walton Beach Ordinance — 1723 Solicitor Regulation — reading text

ORDINANCE NO. 1723 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 8.08 OF THE CODE OF ORDINANCES TO REQUIRE PERMIT APPLICATION AND PAYMENT BUSINESS OF TAX, IF APPLICABLE, BY SOLICITORS; AMENDING CHAPTER 9.07, PROIDBITING THREATENING, INTIMIDATING, AND HARASSING BEHAVIOR DURING SOLICITATION; AMENDING THE DEFINITION OF SOLICITING; REGULATING THE MANNER OF SOLICITATION; REGULATING THE PLACES FOR SOLICITATION; PROHIBITING AGGRESSIVE SOLITICITING; PROIDBITING SOLICITING IN CERTAIN PUBLIC PLACES; EST ABLISIDNG PENAL TIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. LEGISLATIVE FINDINGS AND INTENT The City desires to protect the well-being of its citizens and visitors and continue to attract businesses to, and retain current businesses within the City limits of Fort Walton Beach. Pursuant to the home rule authority of the City, sections 496.401- 496.424, of the Florida Statutes, and other applicable Florida law, the City Council hereby makes the following legislative findings regarding soliciting and solicitation activities within the City limits of F ort Walton Beach. a. Soliciting and solicitation activities are a protected form of speech and useful activities for profit and non-profit groups to raise money. b. However, aggressive solicitation or " panhandling" has a negative impact on the quality of life within the City limits. c. Panhandling discourages businesses from moving to or remaining in the City. d. Panhandling causes our citizens a sense of fear and intimidation, particularly at night, on roadways or in confmed areas. e. Panhandling contributes to the negative perception of those areas where it occurs which discourages shoppers and visitors and contributes to the lack of enjoyment of public places within those areas. f. The City recognizes that it has a legitimate municipal interest in promoting the safety and convenience of its citizens on public streets, providing a safe, pleasant environment and eliminating nuisance activities in the City, and in making the public areas of the City safe and inviting for visitors, residents and businesses. SECTION 2. AMENDMENT OF CHAPTER 8.08, SOLICITORS Chapter 8. 08, Solicitors, of Volume II of the Code of Ordinances is hereby amended to read as follows: ordsolicitation.doc  8. 08 Solicitors For the purpose of this section. solicit and solicitation shall be construed as any attempt to obtain charitable contributions. or attempts to sell any good or service. for the benefit of the solicitor or on behalf of an individual or o~ anization. The provisions of this section do not apply to bona fide religious institutions. educational institutions. and state agencies or other government entities or uersons or organizations who solicit or act as professional fundraising consultants solely on behalf of bona fide religious institutions. education institutions. and state agencies or other government entities or persons. No person shall solicit or conduct solicitation activities within the City limits of Fort Walton Beach at aay resideaee or other tyfIe of dwelling or at aay eommereial esmblishmeat without applying for and receiving a permit and paying the applicable business tax. if necessary. for such activity. that 8iaplays a " BO solieiting" sigH.. When soliciting in residential areas, solicitors shall use only the front door to the dwelling house and shall not solicit at any side or back door. Door-to- door solicitors are authorized to solicit their goods and/or wares in the city only between 10: 00 a.m. and 4: 00 p.m. on weekdays. Soliciting on Saturday, Sunday, New Year's Day, Washington' s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day or Christmas Day is prohibited. No person shall solicit. with or without a permit. at any residence. dwellintz. or any commercial establishment that displays a " no soliciting" sign. SECTION 3. AMENDMENT OF CHAPTER 9. 07, THREATENING, INTIMIDATING, HARASSING BEHAVIOR FOR SOLICITATION PROIDBITED. Chapter 9.07, Solicitors, of Volume II of the Code of Ordinances is hereby amended to read as follows: 9. 07 Threatening, Intimidating, Harassing Behavior for Solicitation Prohibited 9. 07.01 Defmitions For the purpose of this section the term. solicit and solicitation shall be construed to include attempts to obtain charitable contributions, or attempts to sell any good or service, for the benefit of the solicitor or on behalf of an individual or organization. 9. 07. 02 Prohibited Conduct It shall be unlawful for any person to demaBd, ask or beg for, or to solicit or conduct solicitation activities donatioas or paymeBt or t-o eMibit oBeself for saeh pmpose 9y in the following manner or under these stated conditions: ordsolicitation. doc 2  Iff any act ef or language constituting an express or implied threat of injury to 1) any person or of damage to or loss of any property owned by or in lawful possession of the solicited person; 2) Iff endeavoring to maintain contact with the solicited person and continuing to verbally demand, ask or beg for, or to solicit, donations or payment from any person after the solicited person has made a negative response to an initial demand or solicitation; f & 3) Iff any act intended to impede the passage or free movement of the solicited person Passage or fr~e IBO' lemeat applies to persons who is on foot, & f bicycles, in a wheelchairs, eroperating a motor vehicles or persofts attempting to enter or motor exit!!.. vehicles;,:, 4) When either the solicitor or the person being solicited is at a bus stop or sidewalk cafe. in a public transportation vehicle or facility. in a vehicle parked or stopped on a public street or alley. within 20 feet from any A TM machine or entrance to a bank. within 20 feet of a public toilet facility: 5) In an aggressive manner. to include: a. touching the solicited person without the solicited person' s consent: b. soliciting a person while such person is standing in line and waiting to be admitted to a commercial establishment: c. blockintz the path of a person being solicited. or the entrance to any building or vehicle: d. following behind. ahead or alongside a person who walks away from the panhandler after being solicited. e. using profane or abusive language. either during the solicitation or following a refusal to make a donation. or making any statement. gesture. or other communication which would cause a reasonable person to be fearful or feel compelled: f. by a group of more than two ( 2) solicitors approaching one individual. or 6) By failing for a second time to produce a business tax receipt. as required by section 8. 08 of this Code. upon request by a law enforcement officer. 9. 07. 03 Penalties Any person convicted of violating this section shall be prosecuted in the same manner as a misdemeanor in the second degre~. and upon conviction shall be punished by a fine not to exceed five hundred dollars ($ 500. 00) or imprisonment. not to exceed sixty 60) days or by both such fine and imprisonment. SECTION 4. SEVERABILITY. It is declared the intent of the Board of City Commissioners that if any subsection, clause, sentence, provision or phrase of this Ordinance is held to be invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. ordsoJicitation. doc 3 SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council. opted d.f; eXM!' 4h~- MIKE ANDERSON, MAYOR ATfEST: Approved as to form, legal sufficiency, and codification. J(AaJ-( i: TONI L.CRAIG, CITY ATTO Y New language is underlined Deleted language is striekea Codification Instructions: Sections of this Ordinance to be Codified: Section Placement: Volume II, Chapter 8 and 9 Historical Note: Ord. 1723 ( 04/ 24/ 07) ordsoJicitatiOR.doc 4  Leg Dailv Ne,vs WALTON CITY OF FORT BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will Published Daily be held on the following osed ordinance at Fort Walton Beach, 1'1orida eroJ;> 7. 00 p. m. on Tuesday, Distributeq in OkalooSR, Santa Rosa & "\Valton Counties April 24. 2007 . in the Council, Chambe; at Fort