BOYNTON.17 Chapter 17
PEDDLERS AND SOLICITORS*
Art. I. In General, §§ 17 - 1 — 17 - 12 Secs. 17 - 3 — 17 - 12. Reserved.
Art. II. Solicitors and Canvassers, §§ 17 - 13 — 17 -
33
Art. III. Charitable Solicitations, §§ 17 - 34 — 17 - 45 ARTICLE II. SOLICITORS AND
*Cross references - License tax for itinerant or CANVASSERS
transie nt merchants, § 13 - 22(197)(f); license tax for
peddlers, § 13 - 22(225); license tax for solicitors and
canvassers, § 13 - 22(250). Sec. 17 - 13. Defined.
A canvasser or solicitor is defined as any
ARTICLE I. IN GENERAL individual, whether resident of the city or not,
traveling either by foot, wagon, automobile, motor
truck, or any other type of conveyance, from place to
Sec. 17 - 1. Registration, photo and place, from house to house, or from street to street,
fingerprints required. taking or attempting to take orders for sale of goods,
wares, merchandise or personal property of any
Every nonresident person employed as a house - nature whatsoever for future delivery, or for services
to - house salesman or peddler, all persons soliciting to be furnished or performed in the future, whether or
magazine subscriptions and all persons soliciting not such individual has, carries or exposes for sale a
charitable contributions are hereby required to sample of the subject of such sale or whether he is
register before beginning their employment, or if collecting advance payments on such sales or not.
already employed, to register in a registration book to Such definition s hall also include any person who, for
be kept by the chief of police. The registrant shall himself, or for another person, hires, leases, uses, or
also be fingerprinted and furnish the chief of police occupies any building, structure, tent, railroad box
with a photograph of such size as may be designated car, boat, hotel room, lodginghouse, apartment, shop,
by the chief of police. (Code 1958, § 20 - 1; Ord. No. or any other place within the city for the sole purpose
85 - 45, Attach. (b), 8 - 20 - 85) of exhibiting samples and taking orders for future
delivery. (Code 1958, § 20 - 4)
Sec. 17 - 2. Identification card required;
re - registration; fee. Sec. 17 - 14. Permit and license required.
An identification card shall be issued to each It shall be unlawful for any solicitor or canvasser
person registering under section 17 - 1 and such as defined in section 17 - 13 to engage in such business
identification card shall be carried by the employee at within the city withou t first obtaining a permit
all times. In the event such registration c ard shall be therefor in compliance with the provisions of this
lost or cannot be produced upon reasonable notice, article. Such solicitor or canvasser shall also obtain a
such person shall promptly re - register and secure a license if one is required by Chapter 13 of this Code.
new card from the chief of police. (Code 1958, § 20 - 3)
A fee of twenty - five cents ($0.25) shall be
charged for the issuance of each identification card or Sec. 17 - 15. Application for permit.
ren ewal thereof. (Code 1958, § 20 - 2)
Applic ants for permits under this article must file
with the city clerk a sworn application in writing (in
duplicate) which shall give the following information:
1
Boynton Beach Code
2
(a) Name and description of the applicant; city dated not more than ten (10) days prior
(b) Permanent home addres s and full local
address of the applicant;
(c) A brief description of the nature of the
business and the goods to be sold;
(d) If employed, the name and address of the
employer, together with credentials
establishing the exact relationship;
(e) The l ength of time for which the right to do
business is desired;
(f) The place where the goods or property
proposed to be sold, or orders taken for the
sale thereof, are manufactured or produced,
where such goods or products are located at
the time said appl ication is filed, and the
proposed method of delivery;
(g) A photograph of the applicant, taken within
sixty (60) days immediately prior to the
date of the filing of the application, which
picture shall be two (2) inches by two (2)
inches showing the hea d and shoulders of
the applicant in a clear and distinguishable
manner;
(h) The fingerprints of the applicant and the
names of at least two (2) reliable property
owners of Palm Beach County, Florida,
who will certify as to the applicant's good
character and business respectability, or, in
lieu of the names of references, such other
available evidence as to the good character
and business responsibility of the applicant
as will enable an investigator to properly
evaluate such character and business
respons ibility;
(i) A statement as to whether or not the
applicant has been convicted of any crime,
misdemeanor, or violation of any municipal
ordinance, the nature of the offense and the
punishment or penalty assessed therefor;
and
(j) A statement by a reput able physician of the
a
p
p
l
i
c
a
n
t
t
o
b
e
f
r
e
e
o
f
c
o
n
t
a
g
i
o
u
s
,
i
n
f
e
c
Sec. 17 - 16. t Application fee.
i
At the time o of filing the application for a permit
hereunder, a fee of two dollars ($2.00) shall be paid to u
the city clerk to cover the cost of investigation of the s
facts stated therein. (Code 1958, § 20 , - 5)
o
Sec. 17 - 17. r Investigation and action on
application.
c
(a) o Upon receipt of such application, the
original shall be referred to the chief of police, who
shall cause such investigation of the applicant's
business and moral character to be made as he deems
necessary for the protection of the public good.
(b) If as a result of such investigation, the
applicant's character or business responsibility is
found to be unsatisfactory, the chief of police shall
endorse on such application his disapproval and his
reasons for the same, and return the said application
to t he city clerk, who shall notify the applicant that
his application is disapproved and that no permit will
be issued.
(c) If as a result of such investigation, the
character and business responsibility of the applicant
are found to be satisfactory, the ch ief of police shall
endorse on the application his approval, execute a
permit addressed to the applicant for the carrying on
of the business applied for and return said permit,
along with the application, to the city clerk, who shall
upon payment of the pr escribed license fee, deliver to
the applicant his permit. Such permit shall contain the
signature and seal of the issuing officer and shall
show the name, address and photograph of said
permittee, the class of permit issued and the kind of
goods to be sol d thereunder, the amount of fee paid,
the date of issuance and the length of time the same
shall be operative, as well as the license number and
other identifying description of any vehicle used in
such soliciting or canvassing. The chief of police
shall
Peddlers and Solicitors
3
keep a file of all applications after permits shall have made in the course of carrying on his
been issued thereupon by the city clerk. (Code 1958,
§ 20 - 6)
Sec. 17 - 18. Permit duration.
Permits issued hereunder shall be good only for
the time specified ther ein, which shall not exceed
three (3) months.
Sec. 17 - 19. Exhibition of permit.
Solicitors and canvassers are required to exhibit
their permits at the request of any citizen. (Code
1958, § 20 - 10)
Sec. 17 - 20. Duty of police to enforce.
It shall be t he duty of any police officer of the
city to require any person seen soliciting or
canvassing, and who is not known by such officer to
be duly permitted to produce his solicitor's or
canvasser's permit, and to enforce the provisions of
this article against any person found to be violating
the same. (Code 1958, § 20 - 11)
Sec. 17 - 21. Reports, records of violations.
The chief of police shall report to the city clerk
all convictions for violations of this article and the
city clerk shall maintain a record fo r each permit
issued and record the reports of violation therein.
(Code 1958, § 20 - 12)
Sec. 17 - 22. Permit revocation.
(a) Permits issued under the provisions of this
article may be revoked by the city clerk after notice
and hearing, for any of the foll owing causes:
(1) Fraud, misrepresentation, or false statement
contained in the application for a permit;
(2) Fraud, misrepresentation or false statement
business as solicitor or as canvasser;
(
3
)
A
n
y
v
i
o
l
a
t
i
o
n
o
f
t
h
i
s
a
r
t
i
c
l
e
;
(
4
)
C
o
n
v
i
c
t
i
o
n
o
o
r
(
5
)
C
o
n
d
u
c
t
i
n
g
t
h
e
b
u
s
i
n
e
s
s
o
f
s
o
l
i
c
i
t
i
n
g
,
o
r
o
f
a
s
t
o
c
o
n
s
t
i
t
u
t
e
a
b
r
e
a
c
h
o
f
t
h
e
p
e
a
c
e
o
r
t
o
c
o
n
s
t
i
t
e
o
f
t
h
e
p
u
b
l
i
c
.
(b) Notice of the hearing for revocation of a
license shall be given in writing, setting forth
specifically the ground of complaint and the time and
place of hearing. Such notice shall be mailed , postage
prepaid, to the permittee at least five (5) days prior to
the date set for hearing. (Code 1958, § 20 - 13)
Sec. 17 - 23. Appeals.
Any person aggrieved by the action of the chief
of police or the city clerk in the denial of a permit as
provided in section 17 - 17 or in the revocation of a
permit as provided in section 17 - 22, shall have the
right of appeal to the city council. Such appeal shall
be taken by filing with the city council, within
fourteen (14) days after notice of the action
complained of has been mailed to such person's last
known address, a written statement setting forth fully
the grounds for the appeal. The council shall set a
time and place for a hearing on such appeal and
notice of such hearing shall be given to the appellant
in the same manner as provided in section 17 - 22 for
notice of hearing on revocation. The decision and
order of the city council on such appeal shall be final
and conclusive. (Code 1958, § 20 - 14)
Sec. 17 - 24 — 17 - 33. Reserved.
ARTICLE III. CHARITABLE
SOLICITATI ONS*
*Editor's note - Ord. No. 81 - 1, § 1, enacted Jan.
20, 1981, repealed Art. III of Ch. 20 of the 1958
Boynton Beach Code
4
Code from which Art. III, §§ 17 - 34 — 17 - 42, of this Whenever used in this article, the following
Code was derived, and enacted in lieu thereof new
provisions included he rein as Art. III, §§ 17 - 34 — 17 -
45.
Cross reference - Special permits for nonprofit
enterprises, § 13 - 9.
Sec. 17 - 34. Applicability.
The provisions of this article shall govern all
charitable solicitations within the City of Boynton
Beach. (Ord. No. 81 - 1, § 1, 1 - 20 - 81)
Sec. 17 - 35. Purpose.
Any person(s) or organization(s) desiring to
exercise their constitutional rights of freedom of
speech and freedom of religion by soliciting for funds
within the City of Boynton Beach shall be protected
in such activi ties providing they do not interfere with
the free flow of traffic or attempt to perpetrate a fraud
on members of the public. This article is hereby
declared to be necessary for the accomplishment of
the following:
(a) To insure that religious and charita ble
organizations are permitted to proselytize
or solicit funds within the city.
(b) To insure that persons seeking to exercise
constitution al freedoms of expression can
effectively communicate within the city.
(c) To insure adequate nearby police facil ities
for the protection of persons exercising
their constitutional freedoms.
(d) To protect persons within the city from
fraudulent solicitations.
(e) To insure the free and orderly flow of
traffic within the city. (Ord. No. 81 - 1, § 1,
1 - 20 - 81)
Sec. 1 7 - 36. Definitions.
words shall have the meanings herein ascribed unless
a different meaning clearly appears from the context:
(
a
)
C
h
a
r
i
t
a
b
l
e
m
e
a
n
s
a
n
d
i
n
c
l
u
d
e
s
t
h
e
w
o
r
d
s
“
b
e
n
e
v
t
h
r
o
p
i
c
,
”
“
r
e
l
i
g
i
o
u
s
”
o
r
“
w
e
l
f
a
r
e
,
”
e
i
t
h
e
r
a
c
t
u
a
l
o
r
o
r
d
s
“
c
l
o
t
h
i
n
g
,
”
“
f
o
o
d
,
”
“
m
o
n
e
y
,
”
“
p
l
e
d
g
e
,
”
“
p
r
o
p
e
r
t
y
i
o
n
s
u
n
d
e
r
t
h
e
g
u
i
s
e
o
f
l
o
a
n
s
o
f
m
o
n
e
y
o
r
p
r
o
p
e
r
t
y
.
(
r
p
o
r
a
t
i
o
n
,
c
o
m
p
a
n
y
,
a
s
s
o
c
i
a
t
i
o
n
,
s
o
c
i
e
t
y
,
o
r
g
a
n
i
z
a
t
i
o
g
n
e
e
,
a
g
e
n
t
o
r
o
t
h
e
r
s
i
m
i
l
a
r
r
e
p
r
e
s
e
n
t
a
t
i
v
e
.
(
d
)
S
o
l
i
m
o
n
e
y
,
c
r
e
d
i
t
,
p
r
o
p
e
r
t
y
,
f
i
n
a
n
c
i
a
l
a
s
s
i
s
t
a
n
c
e
o
r
o
t
h
l
b
e
u
s
e
d
f
o
r
a
c
h
a
r
i
t
a
b
l
e
p
u
r
p
o
s
e
.
A
s
o
l
i
c
i
t
a
t
i
o
n
s
h
m
a
d
e
,
w
h
e
t
h
e
r
o
r
n
o
t
t
h
e
p
e
r
s
o
n
m
a
k
i
n
g
s
a
m
e
r
e
c
e
i
v
e
s
e
w
o
r
d
s
s
h
a
l
l
a
l
s
o
m
e
a
n
a
n
d
i
n
c
l
u
d
e
t
h
e
f
o
l
l
o
w
i
n
g
m
e
t
s
t
;
(
2
)
T
h
e
s
a
l
e
o
f
,
o
f
f
e
r
t
o
s
e
l
l
o
r
a
t
t
e
m
p
t
t
o
s
e
l
a
t
i
o
n
,
a
d
v
e
r
t
i
s
e
m
e
n
t
,
s
u
b
s
c
r
i
p
t
i
o
n
,
m
e
m
b
e
r
s
h
i
p
o
r
o
t
h
t
,
f
o
r
c
h
a
r
i
t
a
b
l
e
p
u
r
p
o
s
e
s
;
(
3
)
T
h
e
m
a
k
i
n
g
o
f
a
n
y
a
n
i
a
o
f
p
u
b
l
i
c
c
o
m
m
u
n
i
c
a
t
i
o
n
,
c
o
n
c
e
r
n
i
n
g
a
n
a
p
p
e
a
l
,
d
r
i
k
e
a
c
o
n
t
r
i
b
u
t
i
o
n
f
o
r
a
n
y
c
h
a
r
i
t
a
b
l
e
p
u
r
p
o
s
e
s
c
o
n
n
e
c
t
Peddlers and Solicitors
5
Sec. 17 - 37. Permit required; exception. Sec. 17 - 38. Application for permit.
No person shall solicit contributions for any Application for a permit required by this article
charitable purposes within the city without a permit shall be made to the city clerk upon the appropriate
pursuant to this article authorizing such solicitation; forms. Such app lication shall be sworn to or affirmed
provided, however, that the provisions of this article and filed with the city clerk and shall contain the
s hall not apply to any established organization following:
operating wholly or partially for religious or
charitable purposes, if the solicitations are conducted (a) The name and address of the principal
only among the members of such organization by office of the person applying for the permit,
other members or officers thereof, voluntarily and including both local and nonlocal offices.
without remuneration for making such solicitations,
or if the solicitations are in the form of collections or (b) If the applicant is not an individual, the
contributions at the regular assemblies or services of names and addresses of the applicant's
such established organizations. principal officers and board of directors or
equivalent.
No permit shall be required where a solicitation
is conducted sol ely on a property owned or leased by (c) The purpose for which such solicitation is
the organization conducting the solicitation and a to be made.
sign is posted in a prominent place at each entrance
to the area where the solicitation is being held, stating (d) A list of all fund raising events to be held
the name of the organization conducting the during the thirty (30) d ay period, which
solicitation and the purpose for the solicitation. (Ord. thirty (30) day period shall run for the thirty
No. 81 - 1, § 1, 1 - 20 - 81; Ord. No. 81 - 11, § 1, 4 - 21 - 81) (30) day period from the date of the
application.
1996 S - 3 Repl.
(e) A list of the names and addresses of the
person or persons who will be directly
managing these fund - raising events.
( f) The use or disposition to be made of any
funds raised and the name of the person or
persons who decide or control how and for
what purpose said funds shall be used or
disposed of, and how funds previously
raised or collected in the City of Boynton
Beach were used or disposed of.
(g) A description of the method or methods to
be used in conducting the solicitations.
(h) The dates and hours when such solicitations
will be made.
(i) A financial statement for the last preceding
fiscal year of any funds col lected for
charitable purposes by the applicant, said
statement giving the amount of money so
raised, together with the cost of raising it,
and the final distributions thereof.
(j) A statement of the extent of the charitable
work being done or to be done by the
applicant.
(k) A statement to the effect that if a permit is
granted, it will not be used or represented in
any way as an endorsement by the city or
by any department or officer thereof.
(l) Proof that applicant is operated not for
profit. A tax e xempt certificate issued by
the State of Florida or federal government
shall be deemed sufficient proof that the
applicant is not operated for profit. (Ord.
No. 81 - 1, § 1, 1 - 20 - 81; Ord. No. 95 - 39, § 1,
10 - 17 - 95)
Sec. 17 - 39. Fees.
(a) At the time of fil ing an application for a
permit, a nonrefundable fee of ten dollars ($10.00)
shall be paid to the city clerk to cover the cost of
Boynton Beach Code
6
investigating the application and for administrative (b) The applicant has refused to provide the
costs. information requested in the application.
(Ord. No. 81 - 1, § 1, 1 - 20 - 81)
(b) For each solicitation bad ge requested there
will be an additional identification badge fee of
twenty - five cents ($0.25). Sec. 17 - 41. Appeal fr om refusal to grant permit.
(c) There will be no fee required for amending Should a permit be withheld for any reason the
an approved application. (Ord. No. 81 - 1, § 1, 1 - 20 - applicant may appeal to the city council by requesting
81; Ord. No. 95 - 39, § 2, 10 - 17 - 95) the same in writing to the city clerk.
The council shall hold a hearing within fourteen
Sec. 17 - 40. Granting a permit. (14) days of the appeal.
Within five (5) days of the application, the city The inf ormation provided for under (a)(1) and
clerk shall issue a permit to the applicant. (a)(2) shall be considered as an amendment to the
approved application. (Ord. No. 81 - 1, § 1, 1 - 20 - 81)
A permit may only be withheld where the
following is determined to exist:
Sec. 17 - 42. Contents of permits; terms;
(a) That one or more of the statements on the expiration; nontransferable.
application is incorrect; pr ovided that the
applicant has been given the opportunity to (a) Permits issued pursuant to this art icle shall
correct or amend his application and refuses state the name and address of the person to whom the
to do so. 1996 S - 3 Repl.
permit is issued, the number of the permit, the date
issued and the dates within which the permit holder
may solicit.
(b) No permit shall have a term in excess of
thirty ( 30 days from the date of issuance by the city
clerk. This term shall run from the date of the
application for a thirty (30) day period.
(c) Any permit issued pursuant to this article
shall not be transferable or assignable.
(d) Said permit shall contai n a complete list of
the dates and times of solicitation and a complete list
of the names and addresses of the person or persons
who will be managing these solicitations. These
permits will be valid only for said events and said
individuals.
(e) Each sol icitor, including managers, shall be
required to obtain an identification badge from the
Boynton Beach Police Department. Such badge shall
contain the name of the solicitor as well as the name
and address of the organization he represents and
state that th e application for permit is on file in the
city clerk's office. Solicitors representing
organizations who provide identification cards or
packets which include the name of the solicitor, the
name of the organization, the address of the
organization, and th e phone number of the
organization will not be required to obtain a badge
from the Boynton Beach Police Department or to pay
the fee indicated in section 17 - 39(b). Such
organization identification will be approved by the
city clerk. (Ord. No. 81 - 1, § I, 1 - 20 - 81; Ord. No. 86 -
35, § 1, 10 - 7 - 86; Ord. No. 95 - 39, § 3, 10 - 17 - 95)
Sec. 17 - 43. Amendments to application;
additional solicitation.
When an applicant has previously received a
permit for all planned solicitation during the thirty
(30) day period and desires to schedule an additional
solicitation which has not been considered, he has
two (2) alternatives:
(a) Provided that the managers of this added
solicitation were considered on the
original application, said solicitation can
be
Peddlers a nd Solicitors
7
approved by submitting the dates, times and or interfere with vehicular traffic within the
method of solicitation to the city clerk who city.
will accordingly amend the permit.
(c) There shall be no residential door to door
(b) If the managers of said solicitation were not solicitation between the hours of 8:00 p.m.
considered on the original application, the and 9:00 a.m. (Ord. No. 81 - 1, § 1, 1 - 20 - 81;
applicant must su bmit the names and Ord. No. 86 - 35, § 2, 10 - 7 - 86)
addresses of the person or persons who will
be managing said solicitation, the dates,
times and method of solicitation to the city Sec. 17 - 45. Penalty.
clerk. (Ord. No. 81 - 1, § 1, 1 - 20 - 81; Ord.
No. 95 - 39, § 4, 10 - 17 - 95) Failure to comply with any section of this article
shall be deemed a violation of the City Code
punishable by up to a five hundred dollar ($500.00)
Sec. 17 - 44. Restrictions on behavior . fine and/or sixty (60) days in the county jai l. (Ord.
No. 81 - 1, § 1, 1 - 20 - 81)
In conducting solicitations:
(a) Each solicitor shall wear an identification
badge issued by the city. Each solicitor
shall wear or clearly display an
identification badge issued by the city or by
the soliciting organization meeting the
special condit ions in section 17 - 42(e).
1996 S - 3 Repl.
(b) No solicitor may in any way obstruct, delay
Boynton Beach Code
8