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3846ORDINANCE 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