8345-12ORDINANCE NO. 8345-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SOLICITING THE OCCUPANTS OF MOTOR
VEHICLES BEING OPERATED IN THE TRAVEL LANE OF
PUBLICLY-OWNED STREETS WHILE THE MOTOR VEHICLE IS
STOPPED AT A TRAFFIC CONTROL SIGNAL OR AN
INTERSECTION OR BEING OPERATED IN THE TRAVEL LANE
OF PUBLICLY OWNED PARKING GARAGES AND PARKING
LOTS; RENUMBERING SECTION 28.041, CLEARWATER CODE
OF ORDINANCES, TO SECTION 21.19, TO INCLUDE STREET-
SOLICITATION VIOLATIONS AMONG THOSE VIOLATIONS
THAT ARE PUNISHABLE BY A FINE OF UP TO $500.00, A
TERM OF IMPRISONMENT NOT EXCEEDING 60 DAYS, OR BY
BOTH A FINE AND IMPRISONMENT, AS MAY BE IMPOSED BY
THE COUNTY COURT; AMENDING SUBSECTIONS (1), (2) AND
(4) TO CLARIFY THE CONDUCT BEING PROHIBITED, THE
DEFINITION OF "APPROACH," AND THE CITY-CLERK-
CONTACT INFORMATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Department of Highway Safety and Motor Vehicles of the State of
Florida, as of June 1, 2012, has provided 873,436 currently valid decals for motor vehicles
in Pinellas County; and
WHEREAS, Pinellas County is the most densely populated county in the State of
Florida; and
WHEREAS, the Tampa Bay area has the second highest incident of pedestrian
fatalities in the State of Florida, and City of Clearwater has the third highest among local
governments with the Tampa Bay area; and
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 immediately solicit contributions of money or property from the
occupants of motor vehicles being operated in the travel lane of publicly owned streets in
the City of Clearwater while the motor vehicle is stopped at a traffic control signal or at
an intersection or being operated in the travel lane of publicly owned parking garages
and parking lots; and
WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free
literature, successful solicitations from drivers distracts them from their primary duty to
watch the traffic and potential hazards in the road, observe all traffic control signals or
Ordinance No. 8345-12
warnings, and prepare to move through the intersection, parking garage, or parking lot
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 of Clearwater that provide ample alternatives for solicitation, including soliciting
pedestrians on the sidewalk, canvassing door-to-door, telephoning or emailing
individuals, or direct mailing; and
WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of
immediately soliciting money or property from the occupants of motor vehicles being
operated in the travel lane of publicly owned streets while the motor vehicle is stopped
at a traffic control signal or at an intersection or being operated in the travel lane of
publicly owned parking garages and parking lots 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 the immediate solicitation of money or property
from the occupants of motor vehicles being operated in the travel lane of publicly owned
streets while the motor vehicle is stopped at a traffic control signal or at an intersection
or being operated in the travel lane of publicly owned parking garages and parking lots
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
WHEREAS, Clearwater police officers will frequently observe the same
individuals repeatedly soliciting after having been issued a civil citation for unlawful
soliciting; and
WHEREAS, by moving Section 28.041, Clearwater Code of Ordinances, to
Chapter 21 of the Code, the City Council will include unlawful street solicitations among
those violations punishable by up to 60 days imprisonment and thus provide Clearwater
police officers with the discretion to arrest unlawful street solicitors; and
WHEREAS, although the City Council has a substantial governmental interest in
enhancing traffic safety and ensuring the free flow of traffic, the City 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 befinreen its governmental interest in enhancing traffic safety and
ensuring the free flow of traffic and a solicitor's First Amendment right to solicit
2 Ordinance No. 8345-12
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
renumbered to Section 21.19; and subsections (1), (2), and (4) are amended
as follows:
Sec. 21.19 S°^.�4.��. - Soliciting, collecting, etc., upon up blicly
owned streets, parkinq qaraqes, and parkinq lots.
(1) No person shall approach a motor vehicle being operated in the travel lane of
e� a publicly owned street open for vehicular traffic while the motor vehicle is
stopped at a traffic control siqnal or at an intersection or being operated in the
travel lane of a publicly owned parking garaqe or parking lot for any of the
following purposes:
(a} Soliciting or attempting to solicit the immediate donations of money or
of property of any kind for charitable, religious, educational,
benevolent or any other purposes from any occupant of the motor
vehicle;
(b) Collecting or attempting to collect the immediate donations of money
or of property of any kind for charitable, religious, educational,
benevolent or any other purposes from any occupant of the motor
vehicle;
�e�ek�is��
,�(�}Selling or attempting to sell property or services of any nature
whatsoever immediatelv to any occupant of the motor vehicle.
(2) For the purposes of this section:
-
�proach means to make advances towards so as to accomplish the
desired result.
3 Ordinance No. 8345-12
(3) A person, an organization or person acting on behalf of the organization shall
be exempt from subsection (1) under the following conditions:
(a) The person, organization or person acting on behalf of the
organization must provide the following to the chief of police, who shall
approve the request within five business days from the date that all of
the following information is provided:
1. No fewer than 14 calendar days prior to the proposed
solicitation, the name and address of the person or organization
that will perForm the solicitation and the name and address of
the person or organization that will receive funds from the
solicitation.
2. Specific details of the location or locations of the proposed
solicitation and the hours during which the solicitation activities
will occur.
3. Proof of commercial general liability insurance against claims for
bodily injury and property damage occurring on streets, roads,
or rights-of-way or arising from the solicitor's activities or use of
the streets, roads, or rights-of-way by the solicitor or the
solicitor's agents, contractors, or employees. The insurance
shall have a limit of not less than $1,000,000.00 per occurrence
for the general aggregate. 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 fewer than 14
days prior to the date of the solicitation.
4. The requirements of insurance contained in subparagraph (a)3.
shall be waived where the applicant presents evidence of
financial disability or inability to obtain an insurance company
that will provide the insurance. Financial disability shall mean
lack of present funds with which to pay the premium associated
with the policy of insurance described in this section.
(b) Organizations or persons meeting the requirements of subparagraphs
(a)1.-4. may solicit for a period not to exceed ten cumulative days
within one calendar year.
4 Ordinance No. 8345-12
(c) All solicitations shall occur during daylight hours only.
(d) Solicitation activities shall not interfere with the safe and efficient
movement of traffic and shall not cause danger to the participants or
the public.
(e) No person engaging in solicitation activities shall persist after
solicitation has been denied, act in a demanding or harassing manner,
or use any sound or voice-amplifying apparatus or device.
(fl All persons participating in the solicitation shall be at least 18 years of
age.
(g) Signage providing notice of the solicitation shall be posted at least 500
feet before the site of the solicitation.
(4) Any applicant who has been denied an exemption by the chief of police shall
have the right of appeal to the city manager. The applicant shall file with the
city clerk a written request for a hearing, which should include the grounds for
such appeal and the complete name, address, and telephone number of the
applicant. Upon the filing of a written request for a hearing, the city clerk shall
notify the city manager or city manager's designee, who shall conduct a
hearing within 20 calendar days from the date of the filing of the request. At
least ten calendar days prior to the hearing, the city clerk shall send the
applicant notice of the date and place of the hearing by regular U.S. Mail to
any address included on the written request for a hearing and shall also
attempt to contact the applicant at any telephone number included on the
written request for a hearing to inform the applicant of the date and place of
the hearing. If the applicant did not include an address or a telephone number
on the written request for a hearing or if the applicant wants to know the
status of the appeal, the applicant can obtain information about the date and
place of the hearing by contacting the city clerk at (727) 562-4093a- or in
person at 112 South Osceola Avenue, 2nd floor, Clearwater, Florida. At the
hearing, the applicant shall have an opportunity to present evidence, to cross-
examine witnesses, and to be represented by counsel. The city shall have the
burden of proof by clear and convincing evidence and the decision of the city
manager or city manager's designee shall be based solely on the evidence
presented at the hearing. The city manager or designee shall file a written
decision with the city clerk's office within five calendar days from the date of
the hearing. The written decision shall contain the findings of fact upon which
the decision was based and the legal basis for the decision. The city clerk
shall send the applicant a copy of the decision by regular U.S. Mail to any
address included on the written request for a hearing and shall also attempt to
contact the applicant at any telephone number included on the written request
for a hearing to inform the applicant that the decision has been filed. If the
5 Ordinance No. 8345-12
applicant did not include an address or telephone number on the written
request for a hearing or if the applicant wants to know the status of the
appeal, the applicant can obtain information about whether a decision was
filed, as well as a copy of the decision, by contacting the city clerk at (727)
562-4093-� or in person at 112 South Osceola Avenue, 2nd floor, Clearwater,
Florida. The decision by the city manager or city manager's designee shall be
final and conclusive, subject to judicial review by common-law certiorari in the
Circuit Court for Pinellas County.
(5) If any provision of this section is declared invalid for any reason, such
invalidity shall not affect any of the remaining provisions of this section.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
1 �
Robert urette
Assistant City Attorney
July 19, 2012
Auqust 2, 2012
_ � �,�1{,���;�s
George N. Cretekos
Mayor
Rosemarie Call
City Clerk
6 Ordinance No. 8345-12