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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 --2-- value, in whole or in part, for charitable purposes 7 (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. -3- (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 ($10) dollars shall be paid to the City Clerk to cover the cost of investigating the application and for administrative costs. (b) For each solicitation badge requested there will be -4- an additional identification badge fee of twenty-five ($,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 -5- 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. -6- (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) -7-