HomeMy WebLinkAbout3846ORDINANCE NO. 3846
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
PERTAINING TO PANHANDLING, BEGGING AND
RELATED ACTIVITIES; PROVIDING FOR LEGISLATIVE
FINDINGS, INTENT AND PURPOSE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROHIBITIONS RELATIVE
TO PEDESTRIAN AND VEHICULAR TRAFFIC, PRIVATE
BUILDINGS, PRIVATE DEVELOPED PROPERTY; PUBLIC
ROOMS, PUBLIC BUILDINGS, AND PUBLIC
TRANSPORTATION AREAS; PROVIDING FOR UNLAWFUL
ACTS; PROVIDING FOR DESIGNATIONS BY THE CITY
MANAGER; PROVIDING FOR ENTRY OF ORDERS BY THE
CITY MANAGER; PROVIDING FOR APPEALS; PROVIDING
FOR POSTINGS; PROVIDING FOR PROCEDURES;
PROVIDING FOR PENALTIES, CODIFICATION,
SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS/INTENT.
(a) The City Commission hereby finds that any person who begs, panhandles,
solicits, or demands money, gifts or donations under circumstances that warrant a
justifiable and reasonable alarm or immediate concern for the safety of persons or property
in the vicinity by unwanted touching, detaining, impeding or intimidation which causes fear
or apprehension in another person constitutes a threat to the public health, welfare and
safety of the citizenry. The City Commission further finds that any person who intentionally
blocks the passage of another person or a vehicle which requires another person to take
evasive action to avoid physical contact constitutes a threat to the public health, welfare
and safety of the citizenry.
(b) The City Commission finds that any person who panhandles, solicits, or
demands money, gifts or donations under circumstances that warrant a justifiable and
reasonable alarm or immediate concern for the safety of persons or property in public
rooms or private buildings and on private developed properties by unwanted touching,
detaining, impeding or intimidation which causes fear or apprehensive in another person
and which constitutes a threat to the public health, welfare and safety of the citizenry.
(c) The City Commission finds that panhandling, soliciting or demanding money,
gifts or donations may interfere with the safe ingress and egress of human and vehicular
traffic into public buildings, public areas and public transportation areas thereby
constituting a threat to the public health, welfare and safety of the citizenry. In order to
allow for the safe ingress and egress of human and vehicular traffic into public buildings,
public areas and public transportation areas, the City Manager is authorized to prohibit
panhandling, soliciting or the demand of money, gifts or donations within public buildings
or designated areas of that public building or public transportation areas upon the request
of the owners, lessees, managing or authorizing agents of the public building or areas in
accordance with the provisions of this Section.
SECTION 2. DEFINITIONS. Except where the content otherwise specifically
requires, as used in this Ordinance, the following definitions shall apply:
(a) Aggressively beg means to beg, solicit, or demand money, gifts or donations
by an unwanted touching, detaining, impeding or intimidation.
(b) Beg means to ask for money, gifts or donations, either by words, bodily
gestures, signs or other means.
(c) Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place
an object in such a manner as to block passage of another person or a vehicle, or to
require another person or drive of a vehicle to take evasive action to avoid physical
contact. Acts authorized as an exercise of one's constitutional right to picket or to legally
protest, and acts authorized by a lawfully issued permit pursuant to this Code are not
included within this definition.
(d) Panhandle means to ask for, demand or solicit money, gifts or donations,
either by words, bodily gestures, signs or other means.
(e) Private building shall be deemed to include, but is not limited to, retail or
service establishments, such as restaurants, convenience food stores, laundromats,
service stations, hotels, offices and similar establishments open to the public. This term
does not include any building owned, leased or operated by the Federal or state
government, political subdivisions thereof, municipalities, special districts, any public
administration board or authority of the state.
(f) Private developed property shall include, but not be limited to, a parking lot,
driveway, walkway and landscaped areas.
(g) Public building means any building or facility owned, leased or operated by
or on behalf of the Federal or state government or any political subdivision thereof, any
municipality, or special district or any public administrative board or authority of the
Federal or state government.
(h) Public place means an area generally visible to public view and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets
open to the general public, including, but not limited to, those that serve food or drink or
provide entertainment, and the doorways and entrances to buildings or dwellings and the
grounds enclosing them.
(i) Public room shall be deemed to include a basement, building entrance or
doorway, lobby, hallway, stairway, mezzanine, elevator, foyer, public restroom or sitting
room or any other place used in common by the public, tenants, occupants or guests
situated in any private building.
(j) Public transportation area means a building, facility or area designated for
mass transit transportation, such as, but not limited to, bus terminals, bus stops and taxi
stands.
SECTION 3. UNLAWFUL ACTS.
(a) It is unlawful for a person to interfere with pedestrians if he or she obstructs
pedestrian or vehicular traffic or aggressively begs on a road or street as defined at
Section 334.02, Florida Statutes, or its successor provisions.
(b) It is unlawful for a person to panhandle in any public room in any private
building or on private developed property, without the written permission or consent of the
building's owner or managing and authorizing agent. For the purpose of enforcement of
this Subsection, it is presented that if the owner, lessee, managing agent or other person
in charge of a building prominently displays a sign as provided in Section 4, then the
activities declared unlawful in this Subsection are deemed to be without the permission or
consent of the building's owner, lessee, managing agent or other person.
(c) When a public building or area of a public building or public transportation
area has been designated and posted in accordance with Section 5, it is unlawful for any
person to panhandle within the public building, or area of the public building or public
transportation area.
(d) It is unlawful for any person to obstruct, impede or harass pedestrians or
vehicles for the purpose of panhandling within the public building, or area of the public
building or public transportation area.
(e) It is unlawful for any person to panhandle, when the person solicited is
located on private property, unless the panhandler has permission from the owner or
occupant of the private property, or the person solicited is located in any public place
within the City which public places include, by way of example only and not by way of
limitation, the following places:
(1) At any bus or train stop;
(2) In any public transportation vehicle or facility, including, but not limited
to, airports;
(3) In any vehicle on a street unless a permit has been issued to do so;
(4) In a public park, fairground, or sporting facility, including, but not
limited to, entry ways or exits thereto;
(5) Within fifteen feet (15') of the site of any automated teller machine
(ATM) or any other machine dispensing cash;
(6) In a parking lot or garage owned or operated by the City, including,
but not limited to, entryways or exits and pay stations connected therewith.
(f) It is unlawful for any person to panhandle in any of the following manners:
(1) By blocking the path of the person solicited;
(2) By using profane or abusive language, either during the solicitation
or following a refusal;
(3) By panhandling in a group of two (2) or more persons; or
(4) By any statement, gesture, or other communication which a
reasonable person in the situation of the person solicited would perceive to be a threat.
(g) It is unlawful for any person to knowingly make any false or misleading
representation in the course of soliciting a donation by panhandling or any other means.
False or misleading representations include, but are not limited to, the following:
(1) Stating that the donation is needed to meet a specific need, when the
solicitor already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need which does not
exist;
is not true;
(3) Stating that the solicitor is from out of town and stranded, when such
(4) Wearing a military uniform or other indication of military service, when
the solicitor is neither a present nor former member of the service indicated;
(5) Wearing or displaying an indication of physical disability, when the
solicitor does not suffer the disability indicated;
(6) Use of any makeup or device to simulate any deformity; or
(7) Stating that the solicitor is homeless, when he or she is not.
(h) It is unlawful for any person to solicit a donation, by means of panhandling
or other means, stating that the funds are needed for a specific purpose and then spend
the funds received for a different purpose.
SECTION 4. CONSPICUOUS NOTICE. Each owner, lessee, managing agent or
person in charge of the operation of a private building or private developed area shall
prominently display a sign on the premises, such as the lobby or entrance of the private
building or private developed property, where it may be read by any person going in or out
of the building or private developed property stating generally: "NO PANHANDLING
PERMITTED - PROHIBITED BY SANFORD CITY CODE".
SECTION 5. DESIGNATION OF BUILDING OR TRANSPORTATION AREA.
(a) The City Manager is authorized to designate a public building or area of a
public building or public transportation area based upon the following criteria:
(1) The purpose and characteristic of the building, facility or area;
(2)
facility or area;
The level of human and vehicular traffic in and around the building,
(3) The function of the building, facility or area;
(4) Proximity of the building, facility or area to other buildings,
transportation facilities, parking areas and sidewalks;
(5) The necessity to alleviate obstructions and hazards to pedestrians
and/or vehicular traffic to protect public health and safety; and,
(6) The desires and needs of the owners and occupants of the area and
immediate surroundings.
(b) Upon determining that a public health or area of the public building or public
transportation area warrants the designation to prohibit panhandling, soliciting or the
demanding of money, gifts or donations, the City Manager shall issue an order which
specifically identifies the building or area or public transportation area. The order shall be
conspicuously posted at the designated building or area. If no appeal is filed, the order
shall become final twenty (20) days after the date of entry of the order.
(c) The City Manager's order may be appealed by any aggrieved person to the
City Commission within twenty (20) days from the date of entry of the order upon payment
of a fee established by the City Commission.
(d) If an appeal is filed, the hearing shall be conducted to determine whether
substantial competent evidence existed for the City Manager to prohibit panhandling,
soliciting or the demand of money, gifts or donations in a public building or area of a public
building or public transportation area based upon the criteria set forth in Subsection 5(a).
The City Commission's decision may be appealed to a court of competent jurisdiction by
a petition for a writ of certiorari within thirty (30) days after the rendition of the hearing
officer's decision regarding the designation.
(e) When the order becomes final, the City Manager shall cause the designation
to be recorded upon an appropriate map and retained in the City Police Department.
(f) Each public building, area of the public building or public transportation area
designated by the City Manager in accordance with this Section shall prominently display
a sign on the premises, such as a lobby or entrance to a building or area, where it may be
read by any person going in or out of the building or area stating generally: "NO
PANHANDLING PERMI'I-I-ED - PROHIBITED BY SANFORD CITY CODE".
SECTION 6. PENALTIES_ Any person violating any of the provisions of this
Ordinance shall be punished to the maximum extent as provided in State law. The City
may engage in any code enforcement activities and processes, as it deems appropriate
under the circumstances.
SECTION 7. CODIFICATION, It is the intention of the City Commission of the City
of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that
the Sections of this Ordinance may be renumbered or re-lettered to accomplish such
intention; that the word, "Ordinance," may be changed to "Section," "Article," or other
appropriate word; provided, however, that Sections 7, 8, 9 and 10 shall not be codified.
SECTION 8. SEVERABILITY. If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other section or part of this Ordinance.
SECTION 9, CONFLICTS/REPEALER All ordinances or parts of ordinances in
conflict herewith be and the same are hereby revoked.
SECTION 10. EFFECTIVE DATE_ That this Ordinance shall become effective
immediately upon passage and adoption.
Attest:
~anet R; Dougherty,(City Cler~
PASSED and ADOPTED this 22nd day of March, 2004.
C~ommission of .tl~e ~ity
of
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3846, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 22nd day of
March, 20~_~,,.was posted at the front door of the City Hall in the City of Sanford, Florida,
on the~.."~ day of March, 2004.
Jar~t R. Dougherty, City(Clerk