Ordinance 2012-02 By ' ' At ORDINANCE NO. 2012 -02
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1 AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 87-60,
AS AMENDED, AS IT RELATES TO THE ISSUANCE OF PERMITS FOR
CHARITABLE SOLICITATIONS AT ROAD INTERSECTIONS, BY
AMENDING SECTION THREE, "EXCEPTIONS," IN ORDER TO
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING
CHARITABLE SOLICITATIONS AT TRAVELED ROAD
INTERSECTIONS; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 28, 1987, the Board of County Commissioners adopted Ordinance
No. 87-60 to regulate selling on public streets, highways and rights-of-ways; and
WHEREAS, Collier County Ordinance No. 04-51 amended Ordinance No. 87-60 to
allow charitable solicitations at road intersections subject to certain conditions and the issuance
of a permit; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 87-60,
as amended, so as to establish additional safety requirements during charitable solicitations at
traveled road intersections.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE.M. 87-60,
AS AMENDED r—
Section Three of Ordinance No. 87-60, as amended is hereby amended as folvvs: .r
SECTION THREE: EXCEPTIONS `-''
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F. Charitable Solicitations at Traveled Road Intersections.
1. In this subsection, "Road" means all geographic areas between the two exterior-
most edges of paved or unpaved surfaces available for. and being used for vehicular travel or
parking, including medians and shoulders. All public and private roads, including roads
separated by one or more medians, have two (2) exterior-most edges. "Road" includes streets,
highways, alleys, and other nouns that are used to describe facilities for traveling by, or in-the-
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road parking of motor vehicles. This subsection applies to all roads over which Collier County
then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the
traveled road to interact with any operator or occupant of any vehicle being operated on the road,
including each supervisor while the supervisor 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 during any of the subject 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. Eligible Permit Applicants. The applicant must be federal income tax
exempt under the United States Internal Revenue Code and must be registered 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 form is not accepted by staff for any reason,
staff, not later than five (5) workdays following receipt of the application, shall inform the
applicant in writing of the reason(s) for non-acceptance. The time period for staff approval or
denial of an application shall not commence until a complete application form is accepted. Each
complete form shall be processed on a first applied-for, first processed basis. The Transportation
Department shall either deny the complete permit application (for stated reasons) or grant the
permit, within ten (10) workdays following receipt of the complete application. If the
Transportation Department does not make a final decision to approve or deny a complete
application within ten (10) workdays after staff's receipt of the application (including proof of
required insurance), the application shall be deemed to be approved. Each permit application
must request a specific time period to solicit contributions not to exceed seventy-two (72)
consecutive hours. No applicant shall request that the solicitation time period commence more
than sixty (60) calendar days after, nor sooner than fourteen (14) calendar days after, the
submittal date of the complete application. The applicant can request (and be permitted) to
solicit contributions concurrently at several intersections, but only one permittee may solicit at
any intersection at any one time.
(ii) Military Representation. Organizations whose solicitors
represent that they are veterans of the military, or wear a military uniform or a distinctive part of
a military uniform must provide evidence of present or former military service for each solicitor.
Evidence that will be accepted includes, but is not limited to:
a. DD-214 or Statement of Service (Report of Separation); or
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b. Communication from military or veterans office that
contains information regarding military service or an
indication of military service.
(iii) Insurance. Each application must include a Certificate of Liability
Insurance showing proof of general liability insurance that has policy limits of not less than one
million dollars per occurrence for personal injury/death; one million dollars for property damage;
at least $300,000 fire damage (any one fire); at least $15,000 for medical expenses (any one
person); at least two million dollars general aggregate, and at least two million dollars aggregate
for comprehensive liability, products. All such insurance must be in effect throughout the
solicitation time period. The permit shall automatically be rendered void if the required
insurance is not continuously in full force and effect throughout the solicitation time period. The
insurance must insure the applicant (entity or individual), all participants, and all third party
claimants who may assert claims for personal injury, death and/or property damage alleged to
have been caused by, or resulted from, the applicant's in-the-road activity. Collier County must
be a named insured.
3. Times for in-the-road solicitations. All in-the-road solicitations must be
conducted only during 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 falling or when
there is any other activity, physical barrier or physical condition that limits the visibility of any
participant or vehicle operator.
4. Participant eligibility. Each individual participant must be at least 21 years of age,
must sign the county's informed consent and waiver, and furnish his/her signed consent and
waiver to the county's transportation department before engaging in any of the subject in-the-
road activities. Each participant must be (or have been) a fireman, police officer (including
military police), or other law enforcement officer who has been trained regarding the physical
dangers of in-the-road activity when roads are open to vehicular traffic, or other individual who
has satisfactorily completed a safety training course appropriate to safety considerations of in-
the-traveled-road activities and such course was sponsored by the National Safety Council or
other similar organization.
5. Participant behavior during in-the-road activity.
(i) Each participant must wear a highly visible (orange or other light
colored vest) or reflective vest whenever engaged in any in-the-road activity. Each pedestrian
shall approach only stopped vehicles and shall obey all traffic laws, traffic control devices, and
instructions from any law enforcement officer or county code enforcement officer. No
participant shall act in any unprofessional manner, including dancing, changing, or organized
singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall
persist soliciting any individual after that solicitation has been refused; nor demand, threaten or
intimidate any member of the public; nor suggest or imply that the applicant (or any participant)
is a representative of any governmental entity, or otherwise misrepresent identity, authority or
purpose.
(ii) No more than two pedestrians may go onto the traveled road of any
two lane intersection at any one time, including one-way roads. No more than eight pedestrians
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shall at one time be in the traveled part of a divided road intersection. If more than two
pedestrians are on the traveled part of the road or intersection at any one 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 the applicable traffic control device
changes (including left turn arrow, light turns yellow, etc.), and whenever there is any other
change 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, including on roads that have medians (or other interior raised curbs) and the pedestrian
uses such median or interior area. One single-faced or double-faced hand-held sign 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 lights, including its flashing lights, provided such
lights 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-making device.
(v) There shall be no charitable solicitation in the road without a
staffed, public safety vehicle present. Public safety vehicle shall be defined as any marked law
enforcement department or emergency response vehicle. The cost of the staffed public safety
vehicle shall be the obligation of the Solicitor.
6. Eligible intersections. In-the-road solicitation shall be permitted only at signalized
road intersections then controlled by functioning traffic control lights (which excludes
intersections controlled by flashing lights, stop signs, yield right of way signs, etc). In-the-road
solicitation is limited to instantly receiving only legal tender currency (bills and/or coins). There
shall be no solicitations at intersections where the posted speed limits exceeds 45 (forty-five)
miles per hour.
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 violating
any provision of this subsection or any applicable law, rule or regulation, 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 requirement does not continue to exist, such as loss of federal
income tax exemption, loss of active status as a registered solicitor of contributions, lapse of
active insurance, any misrepresentation in the application (including its exhibits), or any in-the-
road activity by any participant who did not sign the county's informed consent and waiver and
have such signed consent and waiver delivered to the transportation department staff.
Appeals. Staffs denial of an application (or staffs revocation of an issued permit) may
be appealed in writing to the county manager by delivering the appeal to the county manager's
office not later than ten days after the applicant's receipt of notice of the denial or revocation.
The county manager should render a decision on the appeal not later than ten workdays after
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receipt of the appeal. The County Manager's decision shall be the County's final action on the
appeal.
Issuance of a permit is not any endorsement by Collier County of the permittee or its
activities. Notwithstanding anything to the contrary, a permit shall not be required for any
solicitor who falls within the parameters of the Iris Roberts Act.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
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-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION THREE: 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 the 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 affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I D day of av n , 2012.
ATTEST:.......... BOARD OF COUNTY COMMISSIONERS
DWIGUT ;, .LERK COLLIER COUNTY, FLORIDA
By: 4 ' 9V By:
Adel*'walk ..: ":.S7 Cle . FRED W. COYLE, CHAIRMAN
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and,i a',
E i This ordinance filed with the
L. Secretary of State's Office the
lit day of _b_12,-._
Jeffre 7: tzkow g
� kow and acknowledgement of that
Coun , A orney fi►i received phis - -- day
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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 and correct
copy of :
ORDINANCE 2012-01
Which was adopted by the Board of County Commissioners
on the 10th day of January, 2012 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of January, 2012 .
DWIGHT E. BROCK
Clerk of Courts and clerk
Ex-officio to Boar
County CommissidiegO
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