Ordinance 2004-51
ORDINANCE NO. 2004 - 51
WHEREAS, in Ater v. Armstrong, 961 F.2d 1224 (6thCir. 1992), the U.S. Court of
Appeals held that a government can lawfully authorize charitable solicitations in
traveled public road rights-ot-way and not allow distribution ot literature or any
other torm ot expressive conduct in the traveled road provided the regulations
are content neutral; and
WHEREAS, in United States v. Kokinda, 497 U.S. 720, (1990), the U.S. Supreme
Court held that a content neutral distinction can be made between solicitation
and distribution; and
WHEREAS, in Heffron v. Int'l Soc. Of Krisna Consc., 452 U.S. 640, (1981 )1-Jhe
U.S. Supreme Court held that the solicitation of money and the distributiMr(of F~;
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literature) are two different categories of speech; and 2'~:~ ~-
WHEREAS, the provisions in this Ordinance are content neutral; and
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WHEREAS, the Board of County Commissioners desires to authorifB (thEÈi'?
County's Transportation Department to issue no-fee permits to permit ch@~bl~?
solicitation of instant contributions of money from occupants of vehicles t®tiarerl
stopped by traffic control devices at road intersections in unincorporated"'Collie7
County provided the permit applicant is exempt from federal income taxes
pursuant to the United States Internal Revenue Code and is registered with the
State of Florida as a "solicitor of contributions" under Chapter 496, Florida
Statutes, or has been issued a "letter ot exemption" under that Chapter.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County
Ordinance No. 87-60 is hereby amended as follows:
SECTION ONE. Section Two of Collier County Ordinance No. 87-60 (the same
Ordinance being Section 26-1 of the Collier County Code of Laws and
Ordinances) is hereby amended as follows:
SECTION TWO: PREVENTING THE USE OF PUBLIC AREAS FOR
COMMERCIAL LOCATIONS.
To prevent the use of public streets or public places as permanent, semi-
permanent or temporary commercial locations, except when otherwise
auth.orized by this Ordinance or the Board of County Commissioners, it shall be
unlawful a violation of this Ordinance for any unauthorized person to:
A. Sell goods, merchandise, property or services~ whether for profit or
nonprofit purposes, or to display advertising of any sort from any
permanent, semi-permanent or temporary location, upon any public right-
of-way, or in any public place as defined herein until and unless such
person, is specifically permitted in writing to do so by the County, and
where the County has only easement interest, such person must also be
specifically permitted in writing to do so by the legal title holder of the
underlvinq real property that which is subject to the County's easement.
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B. Park or stop any motorized or trailer vehicle, pushcart or animal-drawn
conveyance in any public right-of-way or in any public place for the
purpose of making or soliciting sales.
C. Sell, solicit sales, vend, or serve any goods, merchandise, property or
service or food by any means~ including the use of vending machines~ in
the public rights-ot-way or other public place, or within 600 foot of any
proporty ownod or oporatod for publio or privato sohool purposos, or for
any person to station himselt, or operate any roadside stand or
establishment within the public right-of-way or other public place.
D. Make any commercial use of the public right-of-way or other public place,
including placement of commercially related signs.
E. Sell or display for sale vehicles in the public right-of-way or other public
place.
F. Be within the outermost edqes of a road riqht-of-way when the road is
open to traffic. to disPlay advertisinq (excluding hand-held political speech
siqnaoe off the traveled road); or to conduct any business or commerce;
or to attach anythinq to any vehicle; or to distribute anythinq to. or accept
anythinq from, any person, includinq any occupant of any vehicle being
operated on (or parked on) the road riqht-of-way.
G. In-the-road sales, in-the-road distributions. roadside sales or roadside
distributions except as authorized by the County to be conducted only
when the road is temporarily closed to vehicular traffic.
SECTION TWO. New subsections F and G are hereby added to Section Three
(entitled "Exceptions") of Collier County Ordinance No. 87-60, as follows:
F. Charitable Solicitations at Traveled Road Intersections.
1. In this subsection, "Road" means all qeoqraphic areas between the two
exterior-most edqes of paved or unpaved surfaces available for and beinq used
for vehicular travel or parkinq. includino medians and shoulders. All public and
rivate roads includin roads se arated b one or more medians. have two ,2,
exterior-most edoes. "Road" includes streets. hiqhways. alleys. and other nouns
that are used to describe facilities for travelinq by. or in-the-road parkinq of,
motor vehicles. This subsection applies to all roads over which Collier County
then has traffic control jurisdiction. "Pedestrian" means every individual who qoe~
onto the traveled road to interact with any operator or occupant of any vehicle
bein 0 erated on the road includin each su ervisor while the su ervisor is on
the traveled road surface. "Participant" includes the permit applicant. each
pedestrian, each supervisor, and every other individual associated with the
applicant and who is in the road durino any of the subiect in-the-road activities.
2. A one-time per calendar year permit only to solicit charitable contributions
at road intersections in unincorporated Collier County then open to vehicular
traffic may be acquired from the Collier County Transportation Department.
subject to continued compliance with all of the following:
a. Elioible Permit Applicants. The applicant must be federal income tax
exempt under the United States Internal Revenue Code and must be reqistered
as a solicitor of contributions pursuant to Chapter 496. Florida Statutes, or have
an annual letter of exemption issued to the applicant pursuant to that Chapter.
b. Permit Application.
(i) There shall be no fee for the permit. The applicant shall submit to
the complete. executed, standard application form to the County's
Transportation. No incomplete application shall be accepted. If the application
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c. Times for In- The-Road Solicitations. All in-the-road solicitations must
be conducted only durinq Saturdays. Sundays, federal hOlidays and Florida
hOlidays. and not before 7:00 A.M. nor after 7:00 P.M. No solicitation shall be
conducted when rain is fallinq or when there is any other activity. Physical barrier
or Physical condition that limits the visibilit of an artici ant or vehicle 0 erator.
Each individual participant must be at least
e. Participant Behavior Durinq In- The-Road Activity.
oran e or other Ii ht
or reflective vest whenever en a ed in an in-the-road activit .
Each edestrian shall a roach onl sto ed vehicles and shall obe all traffic
laws. traffic control devices. and instructions from any law enforcement officer or
Count Code Enforcement Officer. No artici ant shall act in an. un....rofessional
manner. inc/udino dancinq, chanting. or orqanized sinqinq; nor use or be under
the influence of any alcoholic beveraoe or druo. No participant shall persist
solicitinq an individual after that solicitation has been refused' nor demand
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threaten or intimidate any member of the public; nor suaqest or imply that the
applicant (or any participant) is a representative of any aovernmental entity. or
otherwise misrepresent identity. authority or purpose.
(m No more than two (2) pedestrians may qO onto the traveled
road of any two (2) lane intersection at anyone time, includina one-wa~ roads.
No more than eicht (8) pedestrians shall at one time be in the traveled art of a
divided road intersection. If more than two (2) pedestrians are on the traveled
part of the road or intersection at anyone time. the pedestrians must at all such
times be accompanied by a supervisor nearby at the intersection (and not on the
traveled surface). and the supervisor must monitor the traffic situation and
applicable traffic control devices. and audibly alert the pedestrians the instant th~
applicable traffic control device chances (including left turn arrow, IIqht turns
yellow. etc.), and whenever there is any other chance in circumstances that for
any safety reason reasonably necessitates instant curtailment of the in-the-road
activities.
(iii) Solicitation is limited to the vehicle operator's (left) side of the
vehicle. includino on roads that have medians (or other interior raised curbs) and
the pedestrian uses such median or interior area. One sincle-faced or double-
faced hand-held siqn per pedestrian is allowed. The permittee may have one of
its operations vehicle lawfully parked at or near the intersection. and may use the
vehicle's liqhts, includinq its flashinq liqhts, provided such liohts are usually
installed on the vehicle. Except to the extent. if any. prohibited by law, the
permittee may use cones in the road to the extent the permittee deems such
cones appropriate to promote safety and no cone impedes the flow of traffic.
(iv) The following are prohibited: sound amplification. drum. bell.
tambourine. horn. and/or any other sound-makinq device.
f. Eliqible Intersections. In-the-road solicitation shall be permitted only at
siqnalized road intersections then controlled by functioninq traffic control liqhts
(which excludes intersections controlled by flashinq liqhts. stop siqns, yield riqht
of way siqns, etc). In-the-road solicitation is limited to instantly receivino only
leQal tender currency (bills and/or coins).
3. Permit Suspension or Revocation. If any participant is observed by a
County Code Enforcement Officer, Deputy Sheriff or other authorized law
enforcement officer. to be violatino any provision of this subsection or any
applicable law, rule or requlation, the permit to solicit at that specific intersection
may be summarily revoked by such officer. whereby all in-the-road activity at that
intersection shall cease immediately. Staff may suspend or revoke the issued
permit to solicit whenever any reouirement does not continue to exist. such as
loss of federal income tax exemption, loss of active status as a reaistered
solicitor of contributions. lapse of active insurance. any misrepresentation in the
application (includino its exhibits), or any in-the-road activity by any participant
who did not siqn the County's Informed Consent and Waiver and have such
sianed Consent and Waiver delivered to the Transportation Department staff.
4. Appeals. Staff's denial of an application (or staff's revocation of an
issued permit) may be appealed in writinq to the County Manaqer by delivering
the a~Deal to the County Manaaer's office not later than ten (10) da~s after the
applicant's receipt of notice of the denial or revocation. The Count Manaqer
should render a decision on the appeal not later than ten (10) workdays after
receipt of the appeal. The County Manaqer's decision shall be the County's final
action on the appeal.
5. Issuance of a permit is not any endorsement by Collier County of the
permittee or its activities.
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G. This Ordinance (No. 87-60. as amended) does not apply to political
campaiqninq nor to any individual authorized by law to enqaQe in authorized in-
the-road activity, such as. and not limited to. on-duty law enforcement officer in
the performance of duty. or authorized activities of employees at toll booths.
SECTION THREE. Subsection A in Section Five of Collier County Ordinance
No. 87-60, is hereby amended as follows:
SECTION FIVE, PENALTY (ETC.)
A. Penalty: Each violation of this Ordinance is punishable by a fine not to
exceed five hundred dollars ($500) or by imprisonment in the County jail not to
axoood sixty (60) days, or both. Imprisonment shall not be a penalty except for
contempt of court. Each day of continued violation sRatl may be considered a
separate and distinct offonso violation. Prosecution as a misdomoanor in a court
shall not preclude GtRef administrative remedies availablo in law and oquity. fA
addition any Each firm, partnership, corporation, individual or other entity that.
and/or individual who~ is found in violation of tho provisions of this GUiGe
Ordinance shall pay all costs and expenses incurred in tho prosocution of such
violation as provided for by the rules of the respective enforcement forum.
SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbered or re-Iettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FIVE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not effect the validity of the re~aining portion.
SECTION SIX. EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary
of State that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, Ihisél7'/{. day of ~ . 2004.
ATTEST:
DWtGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
::COL~TY¡I~
DON A FIALA, Chairman
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Thomas C. Palmer, .
Assistant County Attorney
This ordinance fi led with the
Secretory of State's Office the
3D- day of~, .t JJ1J"
and acknowl~gerAen.t of that
; ;~d th;, ~ day
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Deputy Cleft<
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-51
Which was adopted by the Board of County Commissioners on
the 27th day of July, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of July, 2004.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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Deputy Cl'erk<,':f/j\ '. 1.. "
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