7992-08
ORDINANCE NO. 7992-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SOLICITING ON STREETS;
AMENDING SECTION 28.041, CLEARWATER CODE OF
ORDINANCES, TO CREATE AN EXEMPTION TO THE
PROHIBITION AGAINST STREET SOLICITATIONS UNDER
SPECIFIED CONDITIONS; ADDING A SEVERANCE
PROVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the orderly flow of motorized traffic is a major concern in
congested urban areas, particularly because an obstruction or delay in traffic at one
point along a traffic artery results in delays and backups far down the roadway; and
WHEREAS, a public safety hazard has been identified with persons
approaching motor vehicles to solicit charitable contributions, business, or
employment from the occupants of motor vehicles being operated on public streets
in Clearwater; and
WHEREAS, unlike the oral advocacy of ideas, or even the distribution of
free literature, successful solicitation from drivers distracts them from their.
primary duty to watch the traffic and potential hazards in the road, observe all
traffic control signals or warnings, and prepare to move through the intersection
because the individual is required to respond to the solicitor by, for example,
searching for currency, passing it along to the solicitor, securing any change
returned, replacing a wallet or closing a purse, and then returning proper
attention to the full responsibilities of operating a motor vehicle; and
WHEREAS, there are numerous and diverse methods of soliciting
available in the city that provide ample alternatives for solicitation, including
soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning
individuals, or direct mailing; and
WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of
soliciting the occupants of motor vehicles being operated on public streets and is
not intended to restrict the communication of ideas, including the distribution of
free literature to occupants of motor vehicles or even the solicitation of the
occupants of motor vehicles that are lawfully parked; and
WHEREAS, failure to restrict solicitations of the occupants of motor
vehicles being operated on public streets will endanger the health, safety, and
general welfare of the public by permitting unsafe pedestrian movement within
travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing, turns,
and other dangerous traffic movement, increased vehicular accidents, and
motorist injuries and fatalities; and
Ordinance No. 7992-08
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WHEREAS, although the City Council has a substantial governmental
interest in enhancing traffic safety and ensuring the free flow of traffic, the
Council also seeks not to sweep too broadly in its prohibitions so as not to
burden more speech than is necessary to promote its governmental interest; and
WHEREAS, the City Council has determined that a balance can be
reached between its governmental interest in enhancing traffic safety and
ensuring the free flow of traffic and a solicitor's First Amendment right to solicit by
authorizing street solicitations when the solicitors comply with the conditions set
forth below; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 28.041, Clearwater Code of Ordinances, is amended
to read as follows:
Section 28.041 Soliciting, collecting, etc., upon streets.
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(3) An orqanization or person actinq on behalf of the orqanization shall be
exempt from subsection (1) under the followinq conditions:
(a) The orqanization or person actinq on behalf of the orqanization must provide
the followinq to the chief of police:
1. No fewer than 14 calendar days prior to the proposed solicitation, the name
and address of the person or orqanization that will perform the solicitation and
the name and address of the orqanization that will receive funds from the
solicitation.
2. A plan for the safety of all persons participatinq in the solicitation, as well as
the motorinq public, at the locations where the solicitation will take place.
3. Specific details of the location or locations of the proposed solicitation and the
hours durinq which the solicitation activities will occur.
4. Proof of commercial qeneralliabilitv insurance aqainst claims for bodilv iniury
and property damaqe occurrinq on streets, roads, or riqhts-of-wav or arisinq from
the solicitor's activities or use of the streets. roads, or riqhts-of-wav bv the
solicitor or the solicitor's aqents. contractors. or emplovees. The insurance shall
have a limit of not less than $1 million per occurrence for the qeneral aqqreqate.
The certificate of insurance shall name the City of Clearwater as an additional
insured and shall be filed with the Office of the Chief of Police no later than 72
hours before the date of the solicitation.
(b) Orqanizations or persons meetinq the requirements of subparaqraphs (a)1.-4.
may solicit for a period not to exceed 10 cumulative days within 1 calendar year.
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(c) All solicitations shall occur durinq dayliqht hours only.
(d) Solicitation activities shall not interfere with the safe and efficient movement
of traffic and shall not cause danqer to the participants or the public.
(e) No person enqaqinq in solicitation activities shall persist after solicitation has
been denied, act in a demandinq or harassinq manner, or use any sound or
voice-amplifyinq apparatus or device.
(f) All persons participatinq in the solicitation shall be at least 18 years of aqe
and shall possess picture identification.
(q) Siqnaqe providinq notice of the solicitation shall be posted at least 500 feet
before the site of the solicitation.
(4) If any provision of this section is declared invalid for any reason, such
invalidity shall not affect any of the remaininq provisions of this section.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
July 17, 2008
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 7, 2008
=L~y~
'Frctf1k V. Hibbard
Mayor
Approved as to form:
R6!J lIwriJr
Robert J urette
Assistant City Attorney
Attest:
~~. A.-Do..
Cy ia E. Goudeau
City lerk
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Ordinance No. 7992-08