O81-01 ORDINANCE NO. i/--/
AN ORDINANCE OF THE CITY OF BOYlqTON BEACH,
FLORIDA AMENDING THE CODIFIED ORDIlq~kNCES
OF THE CITY BY AMENDING' CHAPTER 20, PEDDLERS,
SOLICITORS, ETC. , ARTICLE III, CHARITABLE
SOLICITATIONS, BY REPEALING THE 'PRESENT
ARTICLE III AND REENACTING A NEW ARTICLE III
CHARITABLE SOLICITATIONS; PROVIDING FOR PERMIT
FOR SOLICITATIONS; PURPOSE; DEFINITIONS;
APPLICATION PROCEDURE; FEES; CONTENTS OF PERMITS;
RESTRICTIONS ON SOLICITATION; PENALTY PROVISIONS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR AUTHORITY
TO CODIFY; PROVIDING FOR A SAVINGS CLAUSE; AN
EFFECTIVE DATE AND FOR OTHER PURPOSES,
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA.:
Section 1: The Code of the City of Boynton Beach, Florida
is hereby amended by repealing Article III Charitable Solicitation
of Chapter 20 "Peddlers, Solicitors and Itinerant Merchants" and
enacting a new Chapter 20 "Peddlers, Solicitors and Itinerant
Merchants," Article III Charitable Solicitations which shall read
as follows:
Article III. Charitable Solicitations
Section 20-16. Applicability.
The provisions of this division shall govern all charitabl
solicitations within the City of Boynton Beach.
Section 20-17. Purpose.
Any person(s) or organization(s) desiring to exercise thei
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 activities providing they do not interfere with
the free flow of traffic or attempt to perpetrate a fraud on
members of th.e public. This ordinance is hereby declared to be
necessary for the accomplishment of the following:
(a) To insure that religious and charitable organizations
are permitted to proselytize or solicit funds within the City.
(b) To insure that persons seeking to exercise constitu-
tional freedoms of expression can effectively communicate within
the City.
(c) To insure adequate nearby police facilities for the
protect ion of persons exercising their constitutiona 1 freedoms.
(d) To protect persons within the'City from fraudulent
sol ic itat ions.
(e) To insure the free and orderly flow of traffic
within the City.
Section 20-18. Definitions.
Whenever used in this article, the following words shall
have the meanings herein ascribed unless a different meaning
clearly appears from the context:
(a) "Charitable" means and includes the words "benevo-
lent," "church, .... c iv ic, .... educat iona 1, .... fraterna 1, .... ph ilan-
thropic, .... religious" or "welfare," either actual or purported.
(b) "Contributions" means and includes the words
"clothing, .... food," "money, .... pledge, .... property, .... subscription"
or anything of value and also donations un~er the guise of loans
of money or property.
(c) "Person" means any individual, firm, partnership,
corporation, company, association, society, organization or
league, and includes any trustee, receiver, assignee, agent or
other similar representative.
(d) "Solicitation" means the request, directly or in-
directly of money, credit, property, financial assistance or
other thing of value or the representation that same will be
used for a charitable purpose. A solicitation shall be deemed
to have taken place when the request is made, whether or not the
person making same receives any contribution referred to in this
ordinance. These words shall also mean and include the following
methods of securing same:
(1) Any oral or written request;
(2) The sale of, offer to sell or attempt to sell,
any article, service, tag, tickets, emblem,
publication, advertisement, subscription,
membership or other thing, whether or not of
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value, in whole or in part, for charitable
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(3) The making of any announcement to or through
the local press or other media of public
communication, concerning an appeal, drive
or campaign to which the public is requested
to make a contribution for any charitable
purposes connected therewith.
Section 20-19. Permit.
No person shall solicit contributions for any charitable
purpose within the City without a permit pursuant to this
Ordinance authorizing such solicitation; provided, however, that
the~ provisions of this article shall not apply to any established
organization operating wholly or partially for religious or
charitable purposes, if the solicitations are conducted only
among the members of such organization by other members or
officers thereof, voluntarily and without renumeration for making
such solicitations, or if the solicitations are in the form of
collections or contributions at the regular assemblies or serv'
of such established organizations.
Section 20-20. Application for permit.
Application for a permit required by this Ordinance shall
be made to the City Clerk upon the appropriate forms. Such
application shall be sworn to or affirmed and filed with the
City Clerk and shall contain the following:
(a) The name and address of the principal office of the
person applying for the permit, including both local and non-
local offices.
(b) If the applicant is not an individual, the names and
addresses of the applicant's principal officers and board of
directors or equivalent.
(c) The purpose for which such solicitation is to be
made.
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(d) A list of all fund raising events to be held during
the year, which year shall run for the twelve (12) month period
from the date of the application.
(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 Boynto~.
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 collected 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
the reo f.
(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.
(1) Proof that applicant is operated not for profit. A
tax exempt certificate issued by the State of Florida or federal
government shall be deemed sufficient proof that the applicant is
not operated for profit.
Section 20-21. Fees.
(a) At the time of filing an application for a permit,
s nonrefundable fee of ten ($10) dollars shall be paid to the
City Clerk to cover the cost of investigating the application
and for administrative costs.
(b) For each solicitation badge requested there will be
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an additional identification badge fee of twenty-five ($,25) cents
(c) There will be a nonrefundable fee of five ($5.00)
dollars for amending an approved application,
Section 20-22. Granting a permit.
Within five (5) days of the application, the city Clerk
shall issue a permit to the applicant.
A permit may only be withheld where the following is
determined to exist:
(a) That one or more of the statements on the application
is incor.'~ect; provided that the applicant has been given the
opportunity to correct or amend his application and refuses to
do so.
(b) The applicant has refused to provide the information
requested in the application.
Section 20-23. Appeal.
Should a permit be withheld for any reason-the applicant
may appeal to the city Council by requesting the same in .writing
to the City Clerk,
The Council shall hold a hearing within 14 days of the
a ppea 1.
The information provided for under (a)(1) and (a)(2)
shall be considered as an amendment to the approved application.
Section 20-24. Contents of permits; terms; expiration;
nontransferable.
(a) Permits issued pursuant to this article shall state
the name and address of the person to whom the 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 one (1) yea~
from the date of issuance by the City Clerk. This term shall run
from the date of the application for a ~welve (12) month period.
~.~ ~-~ (C)~.~Any?.permit issued pursuant to this ordinance shall
not be transferable or assignable,
(d) Said permit shall contain a complete list of the
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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 solicitor, 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 the application for permit is on file in the City
Clerk's office.
Section 20-25.
Amendments to application; additional
so 1 ic itat ion.
~(a) When an applicant has previously received a permit
for all planned solicitation during the year and desires to
schedule an additional solicitation which has not been considered,
he has two alternatives:
(1) Provided that the managers of this added
solicitation were considered on the original
application, said solicitation can be approved
by submitting the dates, times and method of
solicitation to the City Clerk who will acCokd-
ih~y?.amen~d the permit.
(2) If the managers of said solicitation were not
considered on the original apPlication, the
applicant must submit the names and addresses
of the person or persons who will be managing
said solicitation, the dates, times and method
of solicitation to the City Clerk.
Section 20-26. Restrictions on behavior.
In conducting solicitations:
(a) Each solicitor shall wear an identification badge
issued by the City.
(b) No solicitor may in any way obstruct, delay or
interfere with vehicular traffic within the City.
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(c)
tion,~between the hours of 8:00 p.m. and 9:00 a.m.
Section 20-27. Penalty.
Failure to comply with any section of this Ordinance
shall be deemed a violation of the City Code punishable by up to
a five hundred ($500.00) dollar fine and/or sixty (60) days in
the county jail.
Section 2: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3: Each of the provisions of this ordinance is
separable, including word, clause, phrase or sentence, and if any
portion hereof shall be declared invalid, the remaining portion
shall not be affected, but shall remain in full force and effect.
Section 4:
ordinance.
Section 5:
manner and time provided by law.
FIRST.READING this ..~
1981.
There shall be no residential door to door solicita- i
Authority is hereby granted to codify this
This ordinance shall become effective in
day of
SECOND and FINAL READING this
ATTEST:
City Clerk
(Corp. Seal)
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