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3847ORDINANCE NO. 3847 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO SOLICITATION ON STREETS LOCATED WITHIN THE CITY OF SANFORD; PROVIDING FOR FINDINGS OF FACT, LEGISLATIVE INTENT AND PURPOSE AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTIONS AND UNLAWFUL ACTS; PROVIDING FOR LICENSING REQUIREMENTS; PROVIDING FOR PROCESSES AND PROCEDURES; PROVIDING FOR FEES; PROVIDING FOR ACTION ON SOLICITORS PERMIT APPLICATIONS BY THE CITY MANAGER; PROVIDING FOR APPEALS AND REVOCATIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford finds that the primary purpose of the public streets, roads, sidewalks and rights-of-way are for the general vehicular, pedestrian and bicycle use of residents and travelers; and WHEREAS, the City Commission of the City of Sanford finds that unregulated solicitation along the roads and streets of the City of Sanford can create and cause a safety hazard and interfere with the public use of the streets, roads, sidewalks and rights- of-way located within the City; and WHEREAS, the City Commission of the City of Sanford deems it necessary to address the issue of the dangers and threats and inconveniences to the public resulting from solicitations which occur along the roads and streets of the City of Sanford; and WHEREAS, the City Commission of the City of Sanford has concluded that the enactment of this Ordinance will protect the public health, safety and welfare of the citizens of the City of Sanford and those persons who will traverse the roads and streets within the City of Sanford. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: FINDINGS OF FACT. LEGISLATIVE INTENT. AND PURPOSE AND (a) The above recitals are adopted by the City Commission as findings of fact and express the purpose and objectives of the enactment of this Ordinance. (b) In addition to the above, it is the purpose and intent of this Ordinance to preserve public safety, human life and convenience; to secure the comfort, health, welfare and prosperity of all City of Sanford inhabitants; to ensure that the use of streets and sidewalks in the City of Sanford does not become dangerous and that the free flow of traffic thereon is not impeded; to protect City of Sanford inhabitants against crime and undue annoyance; and to protect those persons on or otherwise using the streets against abusive behavior by solicitors. (c) This Ordinance shall be applied in harmony with the provisions of Ordinance Number 3846 and the enactment of Ordinance Number 3848 relating to the licensing of solicitors, peddlers and hawkers. The following words shall have the meaning ascribed to them as follows and the definitions set forth in Chapter 334, Florida Statutes', shall apply to the application of this Ordinance: Nonprofit organization means an organization qualified under Section 501(c)(3) of the Internal Revenue Code and registered pursuant to Chapter 496, Florida Statutes, or persons or organizations acting on behalf of and with the authority of such an organization. Person means an individual, organization, group, association, partnership, corporation, trust, business entity or any combination of the above. Soliciting means the act of approaching or petitioning a person in a motor vehicle or otherwise on a street for the purpose of receiving monetary donation or contribution, or for the purpose of remuneration for goods or services, of any kind, or as advance payment or contemporaneous payment for goods or services, of any kind, to be furnished, performed, or delivered contemporaneously or in the future. The term soliciting includes, but is not limited to, the terms street vending, peddling and hawking. Solicitor means any person actively engaged in the act of soliciting and includes, but is not limited to, the words street vendor, peddler and hawker. Street means a road, roadway, or other way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, or place, or however otherwise designated, and shall include the full area of the fight-of-way so designated including, but not limited to, sidewalks. SECTION 3, RESTRICTIONS/UNLAWFUL ACTS, (a) It is unlawful for any person to raise funds, or seek financial assistance of any kind or nature, or to otherwise solicit on any street or right-of-way within the City without first acquiring a permit in accordance with the provisions of this Ordinance. (b) It is unlawful for any person to obstruct any street, road, highway, lane, alley, sidewalk or driveway in the course of soliciting. (c) It is unlawful for a solicitor to threaten or harass any person in the course of soliciting. (d) It is unlawful for a solicitor to solicit any person at a location that lies within three hundred feet (300') of a school bus stop. (e) It is unlawful for any solicitor to solicit any person except when licensed in accordance with the terms of this Ordinance and then only within the hours of 9:00 a.m. and 4:00 p.m. (f) It is unlawful for any person to engage in soliciting in a manner that impedes pedestrian or vehicular traffic. (g) It is unlawful for any person to engage in soliciting in a manner that uses mechanical noise or amplifies noise. (h) It is unlawful for a solicitor to remain in a traffic lane when a traffic control signal, such as a green ball/green arrow indication, allows traffic to flow on that lane. (i) It is unlawful for a solicitor to fail to post a sign or signs of a size set forth in the permit issued pursuant to this Ordinance and at a location at the sight of the solicitation, as set forth in the permit, said sign or signs identifying the organization or cause sponsoring the solicitation and the location of its home offices. It shall be the duty of each solicitor to post a sign or signs as set forth in this Subsection. 0) It is unlawful for a solicitor to provide any service to any person without the person agreeing to such service being provided to the person. (k) It is unlawful for a solicitor to solicit in a manner otherwise than as provided in this Ordinance. (1) It is unlawful for a solicitor to solicit in a manner that violates conditions of the permit issued pursuant to this Ordinance. LICENSING REOUIREMENTS (a) A permit for solicitation on City, Seminole County, or State of Florida rights-of-way, as defined in Chapter 334, Florida Statutes, or its successor provision, within the boundaries of the City may be obtained from the City Manager or his or her designee under the following conditions: (i) The applicant shall be an organization qualified under Section 501(c)(3) of the Internal Revenue Code and registered pursuant to Chapter 496, Florida Statutes, or persons or organizations acting on behalf of and with the written authority of such an organization. (ii) The applicant shall provide the specific location(s), date(s) and time(s) of the planned solicitation. (iii) The applicant shall take measures to assure the safety of the solicitors as well as the motorists. Such measures shall include, but not be limited to, providing a Florida Department of Transportation approved safety vest to each solicitor. (iv) The applicant shall provide indemnification satisfactory to the City for defense and liability for any judgments, claims and costs arising out of the applicants activities relative to the solicitation. This indemnification shall be in the form of an insurance policy that names the City as an additional insured and is endorsed to provide a separate aggregate of one million dollars ($1,000,000.00) for the event for which the person or organization is making application. (b) Upon receipt of an application, plan, and indemnification acceptable to the City, a permit will be issued subject to the following conditions: (i) No person or organization or person acting on the organizations behalf, may receive a permit or permits allowing solicitation for more than three (3) days in any calendar year. (ii) To avoid solicitation during the hours that experience the highest numbers of traffic accidents, no permit shall be given for solicitation outside the hours 9:00 a.m. to 4:00 p.m. (iii) No more than four (4) solicitors may solicit at any one (1) intersection. (iv) Soliciting will only be allowed at a limited number of intersections pre_approved for the safe conduct of such activities and each intersection shalt count as a separate permit for a person or organization and shall count toward the limitation set forth in this Ordinance for the annual maximum number of permits. (v) Each solicitor must carry a copy of the permit. (vi) Solicitors must be eighteen (18) years of age or older. (vii) If multiple applications are received for the same intersection at the same time, the first complete and otherwise acceptable application will be given the permit. (c) Notwithstanding the provisions of this Ordinance, the City Manager may issue a permit for any publicly sponsored event sponsored by a governmental entity such as, by way of illustration only and without limitation, a public school. The written permission of the school principal must be provided at the time that an application is submitted as to applications submitted by public schools which written permission shall be attached to each copy of the permit and shall constitute a part of the permit document. (d) The applicant for a permit shall submit to the City Manager at the time of application a copy of any and all applicable State and local licenses and, when applicable, proof of payment of the applicable occupational license tax. SECTION 5. ACTION ON SOLICITORS PERMIT APPLICATIONS BY CITY MANAGER: GENERAL PROVISIONS, (a) To qualify for permission to solicitation under the provisions of this Ordinance, solicitors must apply for and secure a permit fi.om the City Manager or his or her designee by submitting a complete application on a form provided by the City and paying any application fee established by the City Commission. (b) Approval of an application for a solicitation permit shall be based upon a consideration of the location. (c) The permit application may be examined and approved by the various departmems of the City, as determined by the City Manager, to ensure the protection of the health, safety and general welfare. In granting their approval, such departments may suggest conditions of approval, as would be in keeping with their individual responsibilities and the general spirit and iment of this Ordinance. (d) The City Manager, or his or her designee, shall make his or her decision on an application for a solicitors permit within five (5) business days of receipt of the application. (e) Permits are non-transferable. (f) Upon good cause being shown to the City Manager, or his or her designee, any permit issued under the provisions of this Ordinance may be revoked; provided, however, that the permittee may appeal such revocation as provided in this Ordinance. SECTION 6. APPEALS/REVOCATIONS (a) If the City Manager, or his or her designee, determines to deny the issuance of a permit upon application, or makes a good faith determination that there is cause for revocation ora permit issued under this Ordinance, then the applicant or permittee, as the case may be, shall be so notified in writing. The notice shall state with reasonable particularity the grounds for such refusal to issue or revocation. In the case of revocation, such shall be effective twenty-four (24) hours after the issuance of the notice. (b) If the applicant or permittee determines to contest such action by the City Manager or his or her designee, he/she/it must, within ten (10) days after the issuance of the notice fi.om the City Manager, or his or her designee, deliver to the City Manager a written notice of appeal and request for a hearing and any appeal fee that may be established by the City Commission. (c) Ifa written notice ofappenl and request for a hearing is timely filed, the matter shall be considered at the nearest regular or special meeting of the City Commission occurring not less than ten (10) days after the filing of such notice and request. The applicant or permittee, or their representative, shall be notified of the time and place of such hearing. SECTION 7. PENALTIES, Any person violating any of the provisions of this Ordinance shall be punished to the maximum extent as provided in State law. Upon finding that a solicitor or the solicitor's organization does not have a permit, or that the solicitation is occurring outside the location or hours shown on the permit, that the information given on the permit location was materially fraudulent or misleading, or that any of the conditions of the permit are not being met, a police officer or other designated official shall issue a warning to cease the solicitation. Continuation of the prohibited solicitation will subject the solicitor(s) to arrest or any other enforcement action and penalty as provided in law. The City may engage in any other code enforcement activities and processes, as it deems appropriate under the circumstances. SECTION 8. 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 (City Code); that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 8, 9, l0 and 11 shall not be codified. SECTION 9. CONFLICTS All ordinances or parts of ordinances in conflict be and the same are hereby repealed; provided, however, that Ordinance Number 3846 and Ordinance Number 3848 shall be applied; codified and implemented in conjunction with this Ordinance. SECTION 10. SEVERAI~llJTy. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 11. EFFECTIVE DATE. This Ordinance shall take immediate effect upon enactment. PASSED and ADOPTED this 22nd day of March, 2004. Attest: ~net R. D0u~h~rty, Ci~ Clerk City Commission of t.J~C4ty Mayor ]3radsgLessard 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. 3847, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 22nd day of March, 2004..~/as posted at the front door of the City Hall in the City of Sanford, Florida, on the ~_~t' day of March, 2004. J~net R. Dougherty, C.,~y CleriC'