6392-99i ?
' • , . .
,
.... .f ? ?
. .
3
.. f ? ..
' ? ??
1
1
r
/? / )'1
ORDINANCE NO, 6392-99
fir
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SOLICITING ON STREETS;
AMENDING SECTION 28.041, CLEARWATER CODE OF
ORDINANCES, TO PROHIBIT PERSONS FROM
APPROACHING THE OCCUPANTS OF MOTOR VEHICLES
BEING OPERATED ON PUBLIC STREETS TO SOLICIT
MONEY, PROPERTY OR EMPLOYMENT; PROVIDING A
DEFINITION OF "PUBLIC STREET"; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Department of Highway Safety and Motor Vehicles of the State of
Florida, as of July 1, 1998, has provided 638,556 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 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
Ordinance 6392-99
r .
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; now
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 28.041, Code of Ordinances, is amended to read as follows:
Sec. 28.041. Soliciting, collecting, etc., upon streets.
(1) No person shall approach a motor vehicle being, operated on a public street open
for vehicular traffic stand eF walk en the aye ,
the jwisdiGtien of the o-ity for any of the following purposes:
(a) Soliciting or attempting to solicit donations of money or of property of any kind for
charitable, religious, educational, benevolent or any other purposes from any the
occupant of the any motor vehicle being eperate
jUFi6d'Gt"9R 9f t ", *0
(b) Collecting or attempting to collect donations of money or of property of any kind for
charitable, religious, educational, benevolent or any other purposes from ony 04G
occupant of the any motor vehicle being e
fu4sdistiefl-s€ the city;
(c) Soliciting or attempting to solicit employment or the purchase of property or of
services of any nature whatsoever from any bye occupant of the any motor vehicle
be' ,
(d) Selling or attempting to sell property or services of any nature whatsoever to an t#e
,occupant of the any motor vehicle being Gpefated-upe
(2) For the purposes of this section public street means those publicly-owned streets
upon which the public has the right to travel by use of a motor vehicle, including the
travel lane of city-owned garages and parkin lots.
'FiGlud waif.
(b)
'GyGle P-Ath ,
been ,
1'r
Ordinance 6392-99
biaysle-pates
P8F1FR t@F-of-the Fight 9f Way.
Section 2. This ordinance'shall take effect immediately upon adoption.
PASSED ON FIRST READING February 18, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED March 4, 1999
Rita Garvey
Mayor-Commissioner
Approved as to form: Attest:
Robert urette Cy hia E. Goudeau
Assistan City Attorney City lerk