Ordinance 2010-13
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~"e~ (l,<fJ-"Y AN ORDINANCE OF THE BOARD OF COUNf.}:,
<~~~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA-v.
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 REQUIRE
ORGANIZATIONS WHOSE SOLICITORS REPRESENT THAT
THEY ARE VETERANS OF THE MILITARY, OR WEAR A
MILITARY UNIFORM OR A DISTINCTIVE PART OF A
MILITARY UNIFORM TO PROVIDE EVIDENCE OF PRESENT
OR FORMER MILITARY SERVICE FOR EACH SOLICITOR;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDlNG FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2010-.1.3..-
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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 require organizations whose solicitors represent that they are veterans of the
military, or wear a military uniform or a distinctive part of a military uniform to provide
evidence of present or former military service for each solicitor.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENT TO SECTION THREE OF ORDINANCE NO. 87-60,
AS AMENDED
Section Three of Ordinance No. 87-60, as amended is hereby amended as follows:
THREE:
EXCEPTIONS
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F. Charitable Solicitations at Traveled Road Intersections.
I. 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
Words underlined are added: Words struek thrsHgh are deleted.
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-
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 tirst 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 staffs 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 sooncr 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 anyone timc.
(ii) Military Representation. Organizations whose solicitors
represent that they are vetcrans 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:
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Words underlined arc added; Words struek tl1rsHgil arc deleted.
a. DD-214 or Statement of Service (Report of Separation); or
b. Communication from military or veterans office that
contains information regarding military servIce or an
indication of military service.
fiB (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 (anyone fire); at least $15,000 for medical expenses (anyone
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.
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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-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriatc word.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance cont1icts 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this~ay of ~o..~ ,2010.
ATTEST: .
DWIGHT E. BROCK, CLERK
By:
Atttl't' II,. a......t4y
.tr.U~. ..,.
Approved as to form
~d 10' 'W"OO':"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: "~"A.tL Lv C~,
FRED W. COYLE, CHAIRM N
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Tlois ordinance fi led with the
Secretory of ~te'1 Office the
~day of In ,1JJ10
and acknowledgement of that
fili~.eived' this ~ day
of By ~f'~~A~~
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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 2010-13
Which was adopted by the Board of County Commissioners
on the 23rd day of March, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of March, 2010.
DWIGHT E. BROCK
Clerk of Courts and~lerk
Ex-officio to Board of
County Commissioners
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By: Martha Vergara,
Deputy Clerk