04-74 ORD INAN CE NO . 4- 7 4 .
AN ORDINANCE OF THE CITY COUNCIL OF T~IE CIr±~f OF
DELRAY DEACH, FLORIDA, AMENDING ARTICLE III "CHARI-
TABLE SOLICITATIONS" OF CHAPTER 18 "PEDDLERS AND
SOLICITORS" OF THE CODE OF ORDINANCES OF THE CITY'
OF DELRAY BEACH, FLORIDA, BY CLARIFYING CHURCH
SOLICITATION; BY REQUIRING DIFFERENT PERCENTAGES
FOR ISSUANCE OF PERMITS, NAM, V. LY, FIFTY PER CENT
TO THIRTY-FIVE PER CENT A~D 55~ENTY-FIVE PERCENT
TO TWENTY PER CENT; ELIMINATE PUBLISHING AN AD
WHEN LESS THAN TEN PER CENT EXPENSE; ADOPTING NEW
APPLICATION FORM; PROHIBITING SOLICITATION FROM
OCCUPANTS OF CARS ON THE STREETS AA!D HIGh~^~AYS;
PROHIBITING SOLiCITATiO~S ON THA~/KSGIVING AND
CHRIST~.U~S; REPEALING ALL ORDINANCES OR PARTS OF
ORDIk!ANCES IN CONFLICT HEREWITII; PROVIDING A
SAVING CLAUSE; PROVIDING A PEnaLTY CLAUSE.
WHEREAS, the Solicitations Committee has recommended amending
Article III "Charitable Solicitations" of Chapter 18 "Peddlers and
Solicitors"; and,
WHEREAS, the City Administration concurs in said recommendations;
and,
· ~r~-^~ the City Council of ~ ~, of Delray Beach, ~lorida
has determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the ~ode of the City of Delray Beach, Florida,
as amended, be further amended by amending the following section of
Chapter 18 "Peddlers and Solicitor's" to read as follows:
Sec. 18-31. Definitions.
(d) "Cost of Solicitation" shall mean all costs of what-
ever nature incurred, directly or indirectly, whether under-
written by others or paid directly, in raising the funds
solicited. The term shall also specifically include the follow-
ing: All fund raising, administration and items which some
agencies refer to as "public information". Any printed material
which includes a request for a contribution or instructions of
where to send a contribution regardless of what else may be
included on the page or leaflet. Any material which is handed
out by persons requesting a contribhtion 'or which is included
with a letter or other requests for a contribution as is part
of the cost of .fund raising regardless of the' nature of the
material.
Section 2. That the Code of the City of Delray Beach, Florida,
as amended, be further amended by amending the following section of
Chapter 18 "Peddlers and Solicitors" to read as follows:
Sec. 18-32. Application for permission to solicit -- Required.
Any person, firm or corporation desiring to solicit funds
in any manner whatsoever for charitable purposes, as herein
defined, in the City of Delray Beach shall file an application,
in duplicate, on a form approved by the City Council on the
day of Nevem~e~ , ~9~ . Said
application must be filed with the City Clerk at least six
weeks prior to the commencement of~the requested period for
soliciting, but not more than six months prior to said period.
Section 3. That the Code of the City.of Delray Beach, Florida,
as amended, be further amended by amending the following section of
Chapter 18 "Peddlers and Solicitors" to read as follows:
Sec. 18-33. Same -- Consideration by council; duration.
The City Council shall, upon'consideration of said appli-
cation, in its sound and sole judgment, either grant or deny
the issuance of a permit for the solicitation of funds for
charitable purposes in the city. Said permit shall be effec-
tive for a period to be set by the City Council, but shall not
exceed a period of two weeks of door-to-door solicitation.
Solicitations shall not be made on Thanksgiying or Christmas.
No more than one such drive may be conducted during any approved
period. Any organization which exceeds the above two week
period or overlaps another drive without the permission of the
City Council shall be denied a permit for the next year's drive
in addition to any penalty prescribed in Section 18-45.
Section 4. That the Code of the City of De!ray Beach, Florida,
as amended, be further amended by amending the following section of
Chapter 18 "Peddlers and Solicitors" to read as follows:
Sec. 18-35. Same -- Information to be public and published.
The information contained in said application for permit to
solicit funds for charitable purposes shall be available to the
public. The information contained therein shall ~e published
in a newspaper designated by the City Council, of general cir-
culation in the City, at least two weeks and not more than three
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 apportion-
ment of all expenses such as local, area, regional, state and
national, and the advertisement shall be not less than four
columns wide and ten inches in length. Any organization with
expenses of ten per cent or less shall be exempt from publishing
an ad.
Section 5. That the Code of the City of Delray Beach, Florida,
as amended, be further amend~ by amending the following section of
Chapter 18 "Peddlers and Solicitors" to read as follows:
-2-
· Ord. No. 4-74.
Sec. 18-38. Exemptions.
(a) Any established church, which solicits funds solely
from its own members or from its ova% congregation; and
Section 6. That the Code of Delray Beach, Florida, as amended,
be further amended b? amending the following section of Chapter 18
"Peddlers and Solicitors" to read as follows:
Sec. 18-41. Allocation of funds; effect upon issuance of
permits.
:
It is ~ee~mmen~eR required by the City Council of the City
of Delray Beach, Florida, that at least fifty per cent of the
money collected in the previous year's drive should have gone
for the purpose of the drive, such as research and patient
services in the case of health agencies and not more than fifty
per cent should have gone for fund raising, administration,
public infcrnation and reserve funds. In granting a permit to
solicit under the provisions herein, the City Council will re-
fuse a request for permit where said expenses exceed ~-i~y
~thirt¥-five Der cent. In the event the expenses are less than
~we~t-y-~e t~entv per cent, the City Council may endorse said
permit. In cases where the expenses are greater than ewe~ey-f~ve
twenty per cent, but less than ~i{~%y thirty-five per cent, the
City Council will 9rant said permit without endorsement.
Section 7. That the Code of the city of Delray Beach, Florida,
as amended, be further amended by adding the following section to
Chapter 18 "Peddlers and Solicitors" to read as follows:
Sec. 18-44.1. Unlawful to solicit in streets.
It shall be unlawful for any person to interfere with, stop
traffic or use any public street, road or highway, in the city for
the purpose of making any solicitations.
Section 8. That any person who violates the provisions of
SECTION'S 1 through 6 above shall, upon conviction, be punished as pro-
vided in Section 1-6 of the Code of Ordinances of the City of Delray
Beach.
Section 9. That all ordinances or parts of ordinances in con-
fli~t herewith be and the same are hereby repealed. ·
Section 10. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on the second and final
reading on the 25th day of February , 1974.
ATTEST: -/ M A Y~ 0~
City Clerk 2Y
First Reading January ~ 197.~,
Second Roadinq ~ebruar7 25,. 1974.-
-3-
Ord. No. 4-74.
Page 1. Attachment to Ordinance No. 4-74.
Form Approved by
City Council
,19
City Code, Chapter 18
APPLICATION FOR PERMIT TO SOLICIT
IN THE CITY OF DELRAY BEACH, FLORIDA
Name of Organization
Address Telephone No.
Incorporated: Yes: No: Date of Incorporation
Names of Officers and Directors
Purpose of Organization
Name of Local ~Paid Executive:
KIND OF ACTIVI%~:
(General Solicitation, Ball, Motion Picture, etc.)
Specific Purpose of Solicitation
Name and Address of Local Chairman or Person Directing Solicitation
Goal Dates of Solicitation
Methods of Solicitation
Paid Promoters or Solicitors Percentage Agreement
Estimated Administrative Cost of Items Underwritten
Fund Raising in Delray Beach
Estimated Percentage of Proceeds to
be expended in Delray Beach
Page 2. Attachment to Ordinance No. 4-74.
LATEST SOLICITATION IN THE CITY OF DELRA¥ BEACH:
Total Amount collected in 19
Total Expenses in 19__
Remitted to National or State in 19
Amount of Proceeds Expended in Palm Beach County in 19
To this form must be attached:
Copy of Charter
Copy of By-Laws
Statement of income and expenditures for previous
year for local,, regional and national organization.
The organization hereby agrees that prior to accepting solicitors
for this drive that it will inform any such solicitors the nature and
purpose of the drive and shall specifically inform them of how the
percentage dollar amount collected the previous year was expended.
The organization further agrees to acquaint said solicitors with
all the rules and regulations provided in Article III, Chapter 18, Code
of Ordinances of this City, and agrees that any violations thereof will
subject the organization to punishment as provided therein, including
the revocation of the right to solicit in this City for a period of one
year.
This application shall be sworn to by the applicant and shall be
accompanied by a consent of the charitable organization involved con-
senting to the solicitation of funds on behalf of said charitable
organization.
Name of Applicant
By:
Title:
Sworn to and subscribed before
me this day of
, , 19 .
Notary Public State of Florida
City Council:
Approved:
Disapproved:
Page 3. Attachment to Ordinance No. 4-74.
IDENTIFICATION CARD
In compliance with Ordinance No. 42-73.
CITY OF DELRAY BEACH, FLORIDA
By law this card must be read or presented
to all prospective donors.
NOT .AN ENDORSEMENT FOR INFORMATION ONLY
Palm B~ch County Chapter of
Will conduct its annual appeal.
From to
Distribution of $
Income Last Year
Fund Raising,
Administration and
Public Information ~
Research $
Patient Service $
Public Health
Information $
Reserve Fund $
Transmitted to
National,
State or Area $
Total Distribution $. %
Each Dollar contributed to
last year was spent as shown below.
/ Fund Raising, ~
/Administration and
~Public Information
Note: Compliance with other applicable laws is not
waived by the issuance of a pe~nit to solicit.
To be used only by the solicitor whose signature
appears below. Compare with your receipt.
Sign atu r e s:
Delray Beach Chairman Solicitor
Date effective: Expires:
For further information, phone Solicitation Committee.
No. 278-0424