Ord 45-04 ORDINANCE NO. 45-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRLRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER 111,
"ADVERTISING", BY REPEALING CHAPTER 111 IN ITS
ENTIRETY AND AMENDING CHAPTER 118,
"SOLICITORS AND PEDDLERS", BY REPEALING
CHAPTER 118 IN ITS ENTIRETY AND ENACTING A
NEW CHAPTER 118, "SOLICITORS AND PEDDLERS", TO
PROVIDE AN UPDATED CODE ON SOLICITORS AND
PEDDLERS INCLUDING NEW PROVISIONS ON THE
VENDING OF PRODUCTS FROM MOTOR VEHICLES;
PERMIT REQUIREMENTS FOR JUVENILI~,S ENGAGING
IN SOLICITING AND PEDDLING; AND THE INCLUSION
OF THE DISTRIBUTION OF HANDBIIJ~S IN THE SAME
CHAPTER FOR EASE OF REFERENCE; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECI]VE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its
citizens against criminal activity, including fraud and burglary, minimize the unwelcome disturbance
of citizens and the disruption of privacy and to otherwise preserve the public health, safety and
welfare by regulating, controlling and licensing solicitors and peddlers; and
WHEREAS, other persons often desire to interrupt the quiet enjoyment of one's d~i!y
activities in the City to solicit donations for causes believed to be worthy of support, or to canvas for
support for particular religious, ideological, or political causes, or to peddle products in the streets
for reasons of prompting commerce; and
WHEREAS, an important part of the freedom enjoyed by all citizens and residents of the
United States is the tight to speak freely, to express ideas that may be unpopular, and to engage
others in debate without government interference; and
WHEREAS. the Supreme Court of the United States has consistently recognized the tight
and obligation of local governments to protect their citizens from fraud and harassment, pardcul.rly
when solicitation of money is involved; and
WHEREAS, it is the responsibility of all units of government to balance these competing
interests in a manner consistent with the Constitution of the United States and of Florida, while
attempting to minimize fraud, prevent crime, and protect the privacy of our citizens; and
WHEREAS, with respect to licensing and other regulatory issues, the City Commission of
the City of Delray Beach, Florida, has considered judicial opinions regarding peddling, solidting and
the distribution of handbills in conjunction with the First Amendment, which include but are not
limited to the following:
1. ~, 456 U.S. 228 (1982).
2. Members of City. Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789,
805 (1984).
3. ' v O' ' , 391 U.S. 367, 377 (1968).
4. i~tlla~:,~mmll~xt, 319 U.S. 141 (1943).
5. Heffron v. Intematiunal Society for Krishn~ Consciousness. Inc 452 U.S. 640,
647-48 (1981).
6. City. of Watseka v. Illinois Public Action Council, 796 F.2d 1547, 1552 (7th Cir.
1986), afl'd, 479 U.S. 1048 (1987).
7. ~,~lglmm~l~gl~L 331 A.2d 262 (N.J. 1975), c~. ck#ied, 426 U.S. 901 (1976).
8. Central Hudson Gas & Electric Corn_. v. Public Service Corem'n. 447 U.S. 557
(1980).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section l. That Tide XI, "Business Regulations", Chapter 118, "Solidtors and
Peddlers" of the Code of Ordinances of the City of Delray Beach, Florida, be repealed and a new
Chapter 118, "Solicitors and Peddlers and Distribution of Handbills" is hereby enacted as follows:
Section 118.01 D~finlti~ns.
The following words, terms, and phrases and their derivations, when used in this
ordinance, shall have the meanings ascribed to them in this section except where the coll[ext
clearly indicates a different mcaninfi-
2 ORD. NO. 45-04
(a) Canvasser is a person who attempts to m~l~e personal contact with anoth~.r
person without prior specific invitation or appointment from the person, for the primary.
purpose of (1) attempting to enlist support for or a~inst a parficnl? religion, philosophy.
ideology, political party., issue or candidate even if incidental to such purpose the canvasser
accepts the donation of money for or a~t~dnst such cause, or distributing a handbill or flyer
advertising a non-commercial event or service.
Handbill Dis#ibution means the distribution of any corrmael:cial or
noncommercial written material of any kind. including, but not limited to. a newspaper.
papers, sample or device, circular, leaflet, p~mphlet, or booklet which may or may
contain commercial or non-commercial advertising or information and which may be solo or
delivered without cost to the recipient and not distributed through an authorized news
(c) Peddltr is a person who attempts to m~k~ personal contact with another
person without prior specific invitation or app,~intment from the person, for the primary
purpose of attempting to sell a good or service. A "peddler" does NOT include a person
who distributes handbills or flyers for a commercial purpose, advertising an event, activity,
good or service that is offered to the person for purchase at a location away from or at
time different from the time of visit. (Such a person is a "solicitor").
(d) Person means a natural person or any firm corn_oration, association, club.
socie .ty or other organization.
(e) Private Propers_ means any residential commercial and industrial real property.
of any kind which is privately owned or occupied.
(f) Publir ar~a means an area to which the public or a substantial ~oup of
persons has access, and includes, but is not limited to. alleys, bridges, building, driveways.
parking lots. parks, play~ounds, plazas, public beaches, sidewalks, and streets open to the
general public, and the door~vays and entrances to bnilrtings and dwelling, and the ~ounds
enclosing them.
Soltkitor is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the prim~w.
purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social
service, welfare, benevolent educational, civil, fraternal, charitable, politic~! or reli~ons
purpose, even if incidental to such purpose there is the sale of some good olr service
Section 118.02 Prohibited Acm Reffardln_~ l[-landhill Distribution
ORD. NO. 45-04
(.a) It shall be unlawful for any person to place a h~n~lbill or to cause g h~nclhjll
to be placed on:
(1) any pubhc area. excluding authorized news racks or in the U.S. Mail, by
any means, including but not limited to. tossing the hanclhill on the lawn. driveway, or w~llr
on the premises, or on the sidewalk, driveway apron, swale area. or street in front of the
public area. or by hanging the handbill on any part of a building on the public area or on the
mailbox. Nothing in this section shall be deemed to prohibit the hand to hand delivery, of
handbill to a person willing to accept it:
(2) any private property, by any means, including but not limitod to.
tossing the handbill on the lawn. driveway, or walk on the private premises, or on the
sidewalk, driveway apron, swale area. or street in front of the private premises, or by han[dng
the handbill on any part of a building on the private premises or on the mailbox, after the
owner or occupant of the private premises has requested that the distribution of the handbill
stop its delivery;
(i) The reauest not to deliver a handbill must be in writlno m~d~
either to the individual delivering the handbill or to the publisher of the handbill. A request
to the individual delivering the handbill ~h~ll be deemed to be ~ven to the publisher Qf the
handbill. The request may be for a specified len~ of time or may
indefinite, the request shall remaining effect until it is rescinded by the owner or occupant of
A si_tm posted on a private premise visible from an ad.ioinin_o
public right-of-way with the words. "No Solicitation" or words of Fimilar meaning ~h~ll
deemed a request not to deliver a handbill:
(.4) or attached to any siam_, utili .ty pole. tr,an~it shelter or other smacn.~rc
within the public right-of-way. The police and code enforcement shall be authorized to
remove any handbill or flyer found within the right-of-way and any indivlrhmls or _t~roups
found to be responsible for such actions in violation of this section ~hall be in violation 9~'
the City's sigma code and the City's ordinance on anti-littering laWS.
Section 118.03 Prohibited Acts regardin? Soliciting_ &
(3) It shall be unlawful for any person to solicit or peddle money or other thin_ol~
of value, or to solicit the sale of goods or services:
(1) without an occupational license;
4 ORD. NO. 45-04
(.2) In any public transportation vehicle, or bus or train station or stopi
(3) On private property, if the owner, tenant, or lawful occupant
asked the person not to solicit on the property., or has posted a s'_~gn clearly indicating that
solicitations are not welcome on the proper~y.
(.4) On a street or right-of-way in such a rn~nner as to obstruct the flow
of pedestrian or motor vehicle
(b) It shall be unlawful for any person to peddle or vend products.
personal property., ice cream, or other food products from motor vehicles in the public
streets'.
(1) without an occupational license;
(2) in any vehicle not design_ed and constructed specilqcally for the
purpose of vending the product or products to be ven~ted;
(3) without a license by the County. He~!th Department or other state or
local agency having !urisdiction over the use of such vehicles depending upon the namr~ Of
the products sold:
(4) without proof of a valid Florida driver's license arid vehicle
(5) without proof of current insurance issued by an insurance company
authorized to do business in the State of Florida. The insurance shall provide coverage for
bodily in!ury, including accidental death, as well as from claima for property, damage. An
occurrence .type policy, is preferred. The City. shall be named as a certificate holder ~ql a~ an
additional insured on the policy.. The policy limit~ of such ins-ran~,¢ ~hall no~; be ][e~ than
$300.000.00 combined single limit for each occurrence for bodily injury, and $300.000.00 for
proper .ty damage:
(6) in the Central Business District (CBD) of downtown Delray Beach'
(7) within 1.000 feet of any public or private school between thc honr~
of 7:00 a.m. and 5:00 p.m.;
(8) from any vehicle that plays amplified music or other sonnrt~ ill
violation of the Ci .ty's noise ordinum;e.
5 ORD. NO. 45-04
Section 118.04 Exemptions from Obtalnln_~ an Occupational License,
It shall be unlawful for any person eighteen (183 years of age or older to engage in
peddling or sohcitation activities within the City of Dekav Beach without first 9btaininc~ an
Occupational License issued by the Chief Bnil'ding OffiCial or his/her desi_~ee: prgvi~t¢A
however, that the following are exempted from the provisions of this Section:
(3) The following are exemptions from prohibited acts under Section 118.0;}:
(1) Any solicitation made upon premises owned or occupied by an
organization upon whose behalf the solicitation is made;
(2) Any communication by an or_t~nization sohcitina contributions solely
from persons who are members of the organization at the time of such ~olicit~,tion;
(3) Any solicitation in the form of a collection at a re_tmlar meeting,
assembly or service of a charitable person: or
~,} Any solicitation for the relief of any individual specified by name At
the
time of the solicitation where the solicitor represents in each case that the entire Rmgnnt
collected shall be turned over to the named beneficiary; or
(.5) Authorized solicitors and peddler~ that are participating hl City-
sponsored or co-sponsored special events and ?r~desi or
(6) Any solicitation on private commercial propert~ for
purposes so long as the private COmmercial property, owner has ~ven prior consent to the
use of his/her property, for pu_rposes of soliciting patrons thereofi
.(7) Authorized news racks and U,S. Mail
Section 118.05 Permit for Sponsoring_ ~Iuvenil~ Peddlers,
(a) No person under the age of e~hteen (.18) ghall be permitted to engage
solicitin~ or peddlin~ except as provided in this Section.
(b) An Occupational License shall be obtuined by a sponunring person, company
or or_~anization for the conduct of any peddling or solicitation activities involving, in whole
or in part. a sales force of one (1) or more persons under eighteen (18~ years of age.
6 ORD. NO. 45-04
(C) The sponsor shall be responsible for supervising and controlling the conduct
of all persons, including juveniles, peddling under the sponsor's license.
(d) The ~p01asor shall provide to each individual in its sales force a badge_ or
other easily readable form of identification which identifies the names of the sponsor and
the name of the individual. The sponsor shall require all individuals in its sales force to wear
such identification so that it is clearly visible at all times when the individuals are peddling or
sohdtmg.
(e) The ~porl~or shall comply with the requirements of State of Florida Youth
Employment Act. Chapter 450.
Section 118.06 Permit Annlication.
Every pcr~0n sub!ect to the provisions of this Ordinance shall file with the Chief
Building Official or his/her des'Lgnee an application for Occupational License in writing on a
form to be furnished by the Building Department except for handbill distributors and/or
canvassers who are exempted from this section.
Section 118.07 Fees.
At the time the application for Occupational License is filed with the Chief Buildin~
Official or his/her desi_~ee, the applicant shall pay a fee to cover the cost to the City. of
processing the application and investifating the facts stated therein. The occupational
license fee is set forth in Se~tion 110.15 of this Code and shall be paid in addition to the
baclr~ound check fee as required by the Florida Department of Law Enforcement (FDLE).
Section 118.08 Application Review and Permit Issuance.
(a) Upon receipt of an application for Occupational License. the Chief Buildine
Official or his/her des'_~nee, or authorized representative, shall review the application as
deemed necessary, to ensure the protection of the public health, safety, and general welfare.
(b) If the Chief Buildinf official or his Des'~,nee finds the application to be
satisfactory, he/she shall endorse his/her approval on the application and shall, upon
payrr~¢la~[ of the prescribed fee. deliver the required license to the applicant.
(c) The Occupational License shall show the name and address of the licensee.
the cla~s of license issued, the kind of floods or services to be sold or delivered, the date of
issuance, and the lenf~ of time that the license shall be in effect. The license shall also
show the license number and identi .fymg description of any vehicle to be used in carryin. ' g on
the business for which the license is issued.
7 ORD. NO. 45-04
(d) A record of all licenses issued shall be maintained by the Building_
Deparlxnent fgr a period 9f two (2) years.
Section 118.09 Denial of Permit.
(a) Upon the Chief Building Official or his/her Des'_mnee's review of the
application for Occupational License. he/she may refuse to issue a license to the applicant
under this Ordinance for any of the following reasons:
(1) The 195ation and time of sohcitation or peddling would endanger the
safety, and welfare of the solicitors, peddlers or their customers:
(2) An inv¢$1ig~ig0 reveals that the applicant falsified information on
the anDlication.
(3) The applicant has been convicted of a felony, misdemeanor or
ordinance violation involving a sex offense, trafficking in controlled substances, or any
violent acts a_tminst persons or property., such conviction being entered within the five (5)
years preceding the date of application:
(4) The applicant is a person against whom a judgment based upon. or
conviction for fraud, deceit, misrepresentation, theft, or crimes involving dishonesty, has
been entered withha thc five (5) years mediately preceding the date of application:
(5) There i~ ~9 proof as to the authority, of the applicant to serve as an
agent to the princ, ipal: or
(6) The applicant has been denied a license under this Ordinance within
the immediate past year. unless the applicant can and does show to the satisfaction of the
Building Official that the reasons for such earlier denial no longer exist.
(b) The Building Official's disapproval and the reasons for disapproval shall be
noted on the application, and the applicant shall be notified that his application is
disapplcqvcd and that no Occupational License will be issued. Notice shall be mailed to the
applicant at the address shown on the application form. or at the applicant's hst known
address.
Section 118.10 Permit Exp_ itation.
8 ORD. NO. 45-04
All Occupational Licenses issued under the provisions of this Ordinance shall expire
one (1) year from the date of issuance, unless an earlier expiration date is noted on the
license,
Section 118.11 Permit Exhibition.
Every. person required to obtain an Occupational License permit under the
provisions of this Ordinance shall exhibit the license when requested to do so by any
prospective customer, code enforcement officer or Police Department employee.
Section 118.12 Transfer Prohibited.
It shall be unlawful for any person other than the licensee to use or wear any license
or badge issued under the provisions of this Ordinance. except that Juvenile Peddlers may
use the Occupational License of a sponsoring person in accordance with Section 118.04 of
this Code.
Section 118.13 Hours of Solicitation.
No person, while conducting the activities of a peddler or solicitor, whether licensed
or unlicensed, shall enter upon any private property., knock on doors, vend products from
motor vehicles or otherwise disturb the citizens of the City. of Delray Beach between the
hours of 7:00 p.m. and 8:00 a.m.. September through May or between the hours of 8:00 p.m.
and 8:00 a.m.. June through Au_wast.
Section 118.14 Permit Revocation.
Agy Occupational License issued under this Ordinance may be revoked or
suspended by the Chief Building Official or his/her des'~mee, after notice and hearing, for
gOy of Oa~ following reasons:
Fraud. misrepresentation or false statement contained in the application for
Occupational License:
(b) Fraud. misrepresentation or false statement made by the licensee in the
course of conducting solicitation or peddling activities:
(c) Conducting peddling or solicitation activities contrary, to the provisions
contained in the application for Occupational License:
Conviction for any crime involving dishonesty, or moral turpitude: or
9 ORD. NO. 45-04
(e) Conducting peddling or solicitation activities in such a manner as to create a
public nuisance, constitute a breach of the peace or endanger the health, safety, or general
welfare of the public.
Section 118.15 Notice and Hea~_.
Notice of a hearing for revocation of an Occupational License issued under this
Ordinance shall t?~ plrgvided in writinff an¢l ~h~ll sgt forth specifically the ~ounds for the
proposed revocation and the time and place of the hearing. Notice shall be mailed, postage
prepaid, to the licensee at the address shown on the license application or at the last known
address of the licensee.
Section 118.16 Anneals.
(3) Any person a~ieved by the action or decision of the Chief Building Official
or his/her designee to deny. suspend or revoke an Occupational License applied for under
the provisions of this Ordinance shall have the right to appeal such action or decision to the
City. Manager within fifteen (15) days after the notice of the action or decision has been
mailed to the person's address as shown on the Occupational License application form. or to
his last known address.
.(b) Ag appeal shall be taken by filing with the Building Official/Des'_tgnee a
written statement setting forth the ~ounds for the appeal.
(.C) Thc Chief Building Official shall transmit the written statement to the Ci.ty
Manager within ten (10) days of its receipt and the City. Mana~_r shall set a time and place
for a hearing on the appeal.
(~1) A heating shall be set not hter than twen .ty (20) days from the date of receipt
of the annellant's written statement.
Notice of the time and place of the hearing shall be ~ven to the appellant in
the same manner as provided for the mailing of notice of action or decision.
(t) The decision of the City. Manager on the appeal shall be f:mal and binding on
all parties concerned.
Section 118.17 Violations and Penalty..
(a) Violation of any of the provisions of this Ordinance shall be punishable as
set forth in Section 10.99 of this Code.
10 ORD. NO. 45-04
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such derision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~ PASSED AI~ ADOPTED in regular session on second and final reading on this the
day of ~-xx.x~t.KX7 ,2004.
ATI'EST:
ACTING CITY CLERK
First Reading~ '~, ~
-
Second Reading '~1~ ~ ~e~
11 ORD. NO. 45-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ O~ - REGULAR MF.F~TING OF AUGUST 3. 2004
ORDINANCE NO. 45-04
DATE: JULY 30, 2004
This is second reading and second public hearing for Ordinance No. 45-04 amending Chapter 111,
"Advertising", by repealing Chapter 111 in its entirety and amending Chapter 118 "Solidtors and
Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118 "Solicitors and
Peddlers", to provide an updated code including new provisions on the vending of products from
motor vehicles.
At the first reading on July 20, 2004, the Commission passed Ordinance No. 45-04.
Recommend approval of Ordinance No. 45-04 on second and final reading.
S:\Ci~ Clerk\agenda memos. Ord 45.04.Sol~cito~s, Peddlers.08.03.04
£1TY flF OELAAY BEI:IrH
- CIT UANAGER
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
W~t~r'~ ~ir~ Uno: 50~43-7000
DEL~Y BEACH
~a~ MEMO~NDUM
10: David T. Hardon, Ci~ Mana~or
kar~ Schroodor, Ghiof of ~oli~
Major McCollum, Dolray Beach ~oli~ Dopadmont
Cathy Kozol, ~oli~ ko~a~ ~dvisor
Susan Ruby, Gi~ ~ornoy
Brian Shu~, Assistant Gi~ A~ornoy
kula Butler, Director of Community Improvomont
FROM: Ierdll ~yburn, Assistant Gity ~ornoy ~
S~OECT: ~ovised Solicitors, ~oddlers, Handbills and Ico Croam Trucks
Ordinanco
Attached please find a second revised draft of the ordinance referenced above.
Please note that the changes include moving prohibitions regarding handbill
distribution from Section 118.03 to Section 118.02 and moving prohibitions
regarding soliciting and peddling from 118.02 to 118.03 and fudher clarification of
exemptions under 118.04 to include language regarding exemptions from
obtaining an occupational license.
Please review the attached ordinance and contact me if you have any questions.
Thanks.
TCP:smk
Attachment
ORDINANCE NO. ~'~'-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS
REGULATIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER
111, "ADVERTISING", BY REPEALING CHAPTER 111 IN ITS
ENTIRETY AND AMENDING CHAPTER 118, "SOLICITORS AND
PEDDLERS", BY REPEALING CHAPTER 118 IN ITS ENTIRETY
AND ENACTING A NEW CHAPTER 118, "SOLICITORS AND
PEDDLERS", TO PROVIDE AN UPDATED CODE ON
SOLICITORS AND PEDDLERS INCLUDING NEW PROVISIONS
ON THE VENDING OF PRODUCTS FROM MOTOR VEHICLES;
PERMIT REQUIREMENTS FOR JUVENILES ENGAGING IN
SOLICITING AND PEDDLING; AND THE INCLUSION OF THE
DISTRIBUTION OF HANDBILLS IN THE SAME CHAPTER FOR
EASE OF REFERENCE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its
citizens against criminal activity, including fraud and burglary, minimize the unwelcome
disturbance of citizens and the disruption of privacy and to otherwise preserve the public health,
safety and welfare by regulating, controlling and licensing solicitors and peddlers; and
WHEREAS, other persons often desire to interrupt the quiet enjoyment of one's daily
activities in the City to solicit donations for causes believed to be worthy of support, or to canvas
for support for particular religious, ideological, or political causes, or to peddle products in the
streets for reasons of prompting commerce; and
WHEREAS, an important part of the freedom enjoyed by all citizens and residents of the
United States is the right to speak freely, to express ideas that may be unpopular, and to engage
others in debate without government interference; and
WHEREAS, the Supreme Court of the United States has consistently recognized the right
and obligation of local governments to protect their citizens from fraud and harassment,
particularly when solicitation of money is involved; and
WHEREAS, it is the responsibility of all units of government to balance these competing
interests in a manner consistent with the Constitution of the United States and of Florida, while
attempting to minimize fraud, prevent crime, and protect the privacy of our citizens; and
WHEREAS, with respect to licensing and other regulatory issues, the City Commission of
the City of Delray Beach, Florida, has considered judicial opinions regarding peddling, soliciting
and the distribution of handbills in conjunction with the First Amendment, which include but are
not limited to the following:
1. Larsen v. Valente, 456 U.S. 228 (1982).
2. Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789,
805 (1984).
3. United States v. O'Brien, 391 U.S. 367,377 (1968).
4. Martin v. Struthers, 319 U.S. 141 (1943).
5. Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640,
647-48 (1981).
6. City of Watseka v. Illinois Public Action Council, 796 F.2d 1547, 1552 (7th Cir.
1986), aff'd., 479 U.S. 1048 (1987).
7. Colln.qswood v. Rin.q.qold, 331 A.2d 262 (N.J. 1975), cerf. denied, 426 U.S. 901
(1976).
8. Central Hudson Gas & Electric Corp. v. Public Service Comm'n., 447 U.S. 557
(1980).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "Business Regulations", Chapter 118, "Solicitors and Peddlers"
of the Code of Ordinances of the City of Delray Beach, Florida, be repealed and a new Chapter
118, "Solicitors and Peddlers and Distribution of Handbills" is hereby enacted as follows:
Section 118.01 Definitions.
The following words, terms, and phrases and their derivations, when used in this
ordinance, shall have the meanin.qs ascribed to them in this section except where the
context clearly indicates a different meaning.
(a) Canvasser is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the primary
purpose of (1} attemptin.q to enlist support for or a.qainst a particular reli.qion, philosophy,
2 ORD. NO.
ideolo~lv, political party1 issue or candidate even if incidental to such purpose the
canvasser accepts the donation of money for or against such cause, or distributing a
handbill or flyer advertising a non-commercial event or service.
(b) Handbill Distribution means the distribution of any commercial or
noncommercial written material of any kind, including, but not limited to, a newspaper,
papers, sample or device, circular, leaflet, pamphlet, or booklet which may or may not
contain commercial or non-commercial advertising or information and which may be sold
or delivered without cost to the recipient and not distributed through an authorized news
rack or the U.S. Mail.
(c) Peddler is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the primary
purpose of attempting to sell a good or service. A "peddler" does NOT include a person
who distributes handbills or flyers for a commercial purpose, advertising an event, activity,
good or service that is offered to the person for purchase at a location away from or at a
time different from the time of visit. (Such a person is a "solicitor").
(d) Person means a natural person or any firm, corporation, association, club,
society or other organization.
(e) Private Property means any residential, commercial and industrial real
property of any kind which is privately owned or occupied.
(f) Public area means an area to which the public or a substantial group of
persons has access, and includes, but is not limited to, alleys, bridges, buildings,
driveways, parking lots, parks, playgrounds, plazas, public beaches, sidewalks, and streets
open to the general public, and the doorways and entrances to buildings and dwellings,
and the grounds enclosing them.
(g) Solicitor is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the primary
purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social
service, welfare, benevolent educational, civil, fraternal, charitable, political or religious
purpose, even if incidental to such purpose there is the sale of some good or service.
Section 118.02 Prohibited Acts ReRardinR Handbill Distribution
(a) It shall be unlawful for any person to place a handbill or to cause a handbill to
be placed on:
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(1) any public area, excluding authorized news racks or in the U.S. Mail, by
any means, including but not limited to, tossing the handbill on the lawn, driveway, or walk
on the premises, or on the sidewalk, driveway apron, swale area, or street in front of the
public area, or by hanging the handbill on any part of a building on the public area or on
the mailbox. Nothing in this section shall be deemed to prohibit the hand to hand delivery
of a handbill to a person willing to accept it;
(2) any private property by any means, including but not limited to, tossing
the handbill on the lawn, driveway, or walk on the private premises, or on the sidewalk,
driveway apron, swale area, or street in front of the private premises, or by hanging the
handbill on any part of a building on the private premises or on the mailbox, after the
owner or occupant of the private premises has requested that the distribution of the
handbill stop its delivery;
(i) The request not to deliver a handbill must be in writing made
either to the individual delivering the handbill or to the publisher of the handbill. A request
to the individual delivering the handbill shall be deemed to be given to the publisher of the
handbill. The request may be for a specified length of time or may be indefinite. If
indefinite, the request shall remaining effect until it is rescinded by the owner or occupant
of the private premises;
(ii) A sign posted on a private premise visible from an adjoining
public right-of-way with the words, "No Solicitation" or words of similar meaning shall be
deemed a request not to deliver a handbill;
(3) on any vehicle; or
(4) or attached to any sign, utility pole, transit shelter or other structure
within the public right-of-way. The police and code enforcement shall be authorized to
remove any handbill or flyer found within the right-of-way and any individuals or groups
found to be responsible for such actions in violation of this section shall be found in
violation of the City's sign code and the City's ordinance on anti-littering laws.
Section 118.03 Prohibited Acts reRardint; Solicitin~ & Peddlinq
(a) It shall be unlawful for any person to solicit or peddle money or other things
of value, or to solicit the sale of goods or services:
(1) without an occupational license;
(2) In any public transportation vehicle, or bus or train station or stop;
4 ORD. NO.
(3) On private property if the owner1 tenant, or lawful occupant has asked
the person not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property.
(4) On a street or right-of-way in such a manner as to obstruct the flow of
pedestrian or motor vehicle traffic.
(b) It shall be unlawful for any person to peddle or vend products, including
personal property, ice cream, or other food products from motor vehicles in the public
streets:
(1) without an occupational license;
(2) in any vehicle not designed and constructed specifically for the
purpose of vending the product or products to be vended;
(3) without a license by the County Health Department or other state or
local agency having jurisdiction over the use of such vehicles depending upon the nature
of the products sold;
(4) without proof of a valid Florida driver's license and vehicle registration;
(5) without proof of current insurance issued by an insurance company
authorized to do business in the State of Florida. The insurance shall provide coverage for
bodily injury, including accidental death, as well as from claims for property dama,qe. An
occurrence type policy is preferred. The City shall be named as a certificate holder and as
an additional insured on the policy. The policy limits of such insurance shall not be less
than $300,000.00 combined single limit for each occurrence for bodily iniury and
$300,000.00 for property damage;
(6) in the Central Business District (CBD) of downtown Delray Beach;
(7) within 1,000 feet of any public or private school between the hours of
7:00 a.m. and 5:00 p.m.;
(8) from any vehicle that plays amplified music or other sounds in
violation of the City's noise ordinance.
Section 118.04 Exemptions from Obtaining! an Occupational License.
It shall be unlawful for any person eighteen (18) years of age or older to en,qa.qe in
peddling or solicitation activities within the City of Delray Beach without first obtaining an
5 ORD. NO.
Occupational License issued by the Chief Building Official or his/her designee; provided,
however, that the following are exempted from the provisions of this Section:
(a) The following are exemptions from prohibited acts under Section 118.03:
(1) Any solicitation made upon premises owned or occupied by an
organization upon whose behalf the solicitation is made;
(2) Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such solicitation;
(3) Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person; or
~ Any solicitation for the relief of any individual specified by name at the
time of the solicitation where the solicitor represents in each case that the entire amount
collected shall be turned over to the named beneficiary; or
(5) Authorized solicitors and peddlers that are participating in City-
sponsored or co-sponsored special events and parades; or
(6) Any solicitation on private commercial property for charitable purposes
so long as the private commercial property owner has given prior consent to the use of
his/her property for purposes of solicitin.q patrons thereof.
(7) Authorized news racks and U.S. Mail.
Section 118,05 Permit for Sponsoring Juvenile Peddlers,
(a) No person under the age of eighteen (18) shall be permitted to engage in
soliciting or peddling except as provided in this Section.
(b) An Occupational License shall be obtained by a sponsoring person, company
or organization for the conduct of any peddling or solicitation activities involving, in whole
or in part, a sales force of one (1) or more persons under eighteen (18) years of age.
(c) The sponsor shall be responsible for supervising and controlling the conduct
of all persons, including iuveniles, peddling under the sponsor's license.
(d) The sponsor shall provide to each individual in its sales force a badge or
other easily readable form of identification which identifies the names of the sponsor and
the name of the individual. The sponsor shall require all individuals in its sales force to
6 ORD. NO.
wear such identification so that it is clearly visible at all times when the individuals are
peddlin.q or soliciting.
(e) The sponsor shall comply with the requirements of State of Florida Youth
Employment Act, Chapter 450.
Section 118,06 Permit Application,
Every person subject to the provisions of this Ordinance shall file with the Chief
Building Official or his/her desi.qnee an application for Occupational License in writing on a
form to be furnished by the Building Department except for handbill distributors and/or
canvassers who are exempted from this section.
Section 118,07 Fees,
At the time the application for Occupational License is filed with the Chief Building
Official or his/her designee, the applicant shall pay a fee to cover the cost to the City of
processing the application and investigating the facts stated therein. The occupational
license fee is set forth in Section 110.15 of this Code and shall be paid in addition to the
backqround check fee as required by the Florida Department of Law Enforcement (FDLE).
Section 118.08 Application Review and Permit Issuance.
(a) Upon receipt of an application for Occupational License, the Chief Building
Official or his/her designee, or authorized representative, shall review the application as
deemed necessary to ensure the protection of the public health, safety and general
welfare.
(b) If the Chief Building official or his Designee finds the application to be
satisfactory, he/she shall endorse his/her approval on the application and shall, upon
payment of the prescribed fee, deliver the required license to the applicant.
(c) The Occupational License shall show the name and address of the licensee,
the class of license issued, the kind of goods or services to be sold or delivered, the date
of issuance, and the length of time that the license shall be in effect. The license shall also
show the license number and identifying description of any vehicle to be used in carryin.q
on the business for which the license is issued.
(d) A record of all licenses issued shall be maintained by the Building
Department for a period of two (2) years.
7 ORD. NO.
Section 118.09 Denial of Permit.
(a) Upon the Chief Building Official or his/her Designee's review of the
application for Occupational License, he/she may refuse to issue a license to the applicant
under this Ordinance for any of the following reasons:
(1) The location and time of solicitation or peddling would endanger the
safety and welfare of the solicitors, peddlers or their customers;
(2) An investigation reveals that the applicant falsified information on the
application.
(3) The applicant has been convicted of a felony, misdemeanor or
ordinance violation involving a sex offense, trafficking in controlled substances, or any
violent acts against persons or property, such conviction being entered within the five (5)
years preceding the date of application;
(4) The applicant is a person against whom a judgment based upon, or
conviction for fraud, deceit, misrepresentation, theft, or crimes involving dishonesty has
been entered within the five (5) years immediately preceding the date of application;
(5) There is no proof as to the authority of the applicant to serve as an
agent to the principal; or
(6) The applicant has been denied a license under this Ordinance within
the immediate past year, unless the applicant can and does show to the satisfaction of the
Building Official that the reasons for such earlier denial no longer exist.
(b) The Building Official's disapproval and the reasons for disapproval shall be
noted on the application, and the applicant shall be notified that his application is
disapproved and that no Occupational License will be issued. Notice shall be mailed to the
applicant at the address shown on the application form, or at the applicant's last known
address.
Section 118.10 Permit Expiration.
All Occupational Licenses issued under the provisions of this Ordinance shall expire
one (1) year from the date of issuance, unless an earlier expiration date is noted on the
license.
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Section 118.11 Permit Exhibition.
Every person required to obtain an Occupational License permit under the
provisions of this Ordinance shall exhibit the license when requested to do so by any
prospective customer, code enforcement officer or Police Department employee.
Section 118.12 Transfer Prohibited.
It shall be unlawful for any person other than the licensee to use or wear any license
or badge issued under the provisions of this Ordinance, except that Juvenile Peddlers may
use the Occupational License of a sponsorin.q person in accordance with Section 118.04 of
this Code.
Section 118.13 Hours of Solicitation.
No person, while conducting the activities of a peddler or solicitor, whether licensed
or unlicensed, shall enter upon any private property, knock on doors, vend products from
motor vehicles or otherwise disturb the citizens of the City of Delray Beach between the
hours of 7:00 p.m. and 8:00 a.m., September throu.qh May or between the hours of 8:00
p.m. and 8:00 a.m., June throu.qh August.
Section 118.14 Permit Revocation.
Any Occupational License issued under this Ordinance may be revoked or
suspended by the Chief Buildin.q Official or his/her desi.qnee, after notice and hearing, for
any of the followin.q reasons:
(a) Fraud, misrepresentation or false statement contained in the application for
Occupational License;
(b) Fraud, misrepresentation or false statement made by the licensee in the
course of conducting solicitation or peddling activities;
(c) Conducting peddling or solicitation activities contrary to the provisions
contained in the application for Occupational License;
(d) Conviction for any crime involving dishonesty or moral turpitude; or
(e) Conducting peddling or solicitation activities in such a manner as to create a
public nuisance, constitute a breach of the peace or endan.qer the health, safety or general
welfare of the public.
9 ORD. NO.
Section 118.15 Notice and Hearing.
Notice of a hearing for revocation of an Occupational License issued under this
Ordinance shall be provided in writing and shall set forth specifically the grounds for the
proposed revocation and the time and place of the hearing. Notice shall be mailed,
postage prepaid, to the licensee at the address shown on the license application or at the
last known address of the licensee.
Section 118.16 Appeals.
(a) Any person aggrieved by the action or decision of the Chief Building Official
or his/her designee to deny, suspend or revoke an Occupational License applied for under
the provisions of this Ordinance shall have the right to appeal such action or decision to
the City Manager within fifteen (15) days after the notice of the action or decision has been
mailed to the person's address as shown on the Occupational License application form, or
to his last known address.
(b) An appeal shall be taken by filing with the Building Official/Designee a written
statement setting forth the grounds for the appeal.
(c) The Chief Building Official shall transmit the written statement to the City
Manager within ten (10) days of its receipt and the City Manager shall set a time and place
for a hearing on the appeal.
(d) A hearing shall be set not later than twenty (20) days from the date of receipt
of the appellant's written statement.
(e) Notice of the time and place of the hearing shall be given to the appellant in
the same manner as provided for the mailing of notice of action or decision.
(f) The decision of the City Manager on the appeal shall be final and binding on
all parties concerned.
Section 1t8.17 Violations and Penalty.
(a) Violation of any of the provisions of this Ordinance shall be punishable as set
forth in Section 10.99 of this Code.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
10 ORD. NO.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
.Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
11 ORD. NO.
30 Boca Raton/Delray Beach News - Thursday, July 22/Friday, ;July 23~ 2904 · wwv,,.bocaratoanews.com