22-82 ORDINANCE NO. 22-82
AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, "SOLICI-
TORS AND PEDDLERS", ARTICLE III "CHARITABLE SOLICITA-
TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 22-51
"INFORMATION IN APPLICATION TO BE PUBLIC AND PUB-
LISHED'' TO PROVIDE ALTERNATIVES IF THE ORGANIZATION
SHOWS THAT THE COST OF PUBLISHING A NEWSPAPER ADVER-
TISEMENT IS BEYOND ITS FINANCIAL CAPACITY; AMENDING
SECTION 22-53 "PERMIT DURATION" TO PERMIT A SOLICITATION
TO EXTEND UP TO FOUR WEEKS BEYOND A TWO WEEK PERIOD
UPON A SHOWING THAT A TV/O WEEK PERIOD IS INSUFFICIENT;
AMENDING SECTION 22-5g "OVERLAPPING DRIVES; EXCEEDING
DURATION"; AMENDING SECTION 22-58 "ALLOCATION OF
FUNDS; EFFECT UPON ISSUANCE OF PERMITS" TO PROVIDE FOR
AN EXCEPTION TO ITS TERMS UPON A SHOWING THAT THE
FAILURE TO MEET ITS TERMS IS NOT UNREASONABLE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section' 1- That Chapter' 22 "Solicitors and Peddlers", Ar'eicie III "Charitable Solicita-
tions'', Section 22-51 "Information in application to be public and published" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
(A) The information contained in an application for a permit to solicit
funds for charitable purposes shall be available to the public. The information
contained therein shall be published in a newspaper designated by the city council,
of general circulation in the city, at least two (2) weeks and not more than three
(3) weeks before any solicitation of funds shall begin, with the fee for such
publication to be borne by the applicant. The form of the information published
shall be approved in advance by the city council or the committee designated by
the city council for this purpose. The published information shall include a
pictorial representation (i.e., a piegraph) which shows how each dollar collected
the previous year was distributed. The expenses shown in this advertisement shall
include a pro rata apportionment of all expenses such as local, area, regional,
state and national, and the advertisement shall be not less than three (3) columns
wide and eight (it) inches in length. Any organization With expenses of ten per
cent (1096) or less shah be exempt from publishing an ad.
(B) Upon a showing by the appiica.n.t that the fee for the publication of the
advertisement is beyond the financial capacity of the organization~ the city
council shall elect to do one of the following:
(1) Authorize the city to pay for the publication of the advertisement on
the condition that the organization shall repay the city for such costs
out of the proceeds collected by the organization from the solicitation
conducted within the city.
(2) Authorize the applicant to place an alternative~ less costly public
notice regarding the solicitation~ such as a public service newspaper or
radio advertisement in lieu of the advertisement required in paragraph
(A) above.
(3) Waive the requirement of publishing an advertisement.
Section 2. That Chapter 22 "Solicitors and Peddlers", Article III "Charitable Solicita-
tions, Section 22-53 "Permit duration" of the Code of Ordinance of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Permits issued pursuant to this article shrill be effective for a period to be
set by the council, but shall not exceed a period of two (2) weeks for door-to-door
solicitations) unless speciai facts and circumstances are presented showing that a
two week period is insufficient to conduct the solicitation. Upon such a showing,
the city council may grant up to an additional four (~,) weeks for the solicitation.
No such extension of time shail be scheduled during a week for which another
charitable organization has requested or received permission to solicit.
Section 3. That Chapter 22 "Solicitors and Peddlers", Article III "Charitable Solicita-
tions", Section 22-5¢ "Overlapping drives) exceeding duration" of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to read as follows:
No more than one charitable solicitation drive may be conducted during any
approved period. Any organization which e×c_--_ds th-_ ~__~_'~'e t';;e (2) ,;x-_e!: per4ad
e4r overlaps another drive without the permission of the city council or conducts
its solicitation beyond the time period granted by the city council~ shall be denied
a permit for the next year's drive in addition to being in violation of this Code.
Section ¢-. 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 invaiid,
such decision shall not affect the vaiidity of the remainder hereof as a whole or part thereof other
than the part declared to be invaJid.
Section 5. That this ordinance shall become effective immediately after its passage on
second and finai reading.
PASSED' AND' ADOPTI~D in regular session on second and finnl reading on this the 23rd
day of March ,1982. "
MAYOR
LEON M. WEEKES
ATTEST:
Cit~;lerk
First Reading March 9, 1982
Second Reading March 23, 1982
2 ORD. NO. 22-82