Ordinance 96-1328AN O INANCE RELATING TO PUBLIC FORUM ACTIVITIES WITHI
PUBLIC RIGHTS OF NDY WITHIN THE CITY OF LONGWOODN
AMENDING SECTIONS 1 THROUGH 14-6, C LAWS OF
LOHGWODD BY ADDING SECTIONS 1 7 TO 1 11DI PROVING FOR
THE ISSUANCE OF HT-OF-WAY/PUBLIC FORUM PERMITS;
PROVIDING REGULATIONS GOVERNING THE ISSUANCE OF RIGHT-OF-
AY/PUS FORUM PERMITS; P IDING FOR THE
BY RESOLUTION OF "HAZARDOUS.4ND UNSAFE INTERSECTIONE""TGEE
THE PRECLUSION OF PERMIT ISSUANCE THEREFOR; PROVIDING FOR
EVOCATION S P
OF o TRAFFIC
E CITY C E , OR
DESIGNEE; PROVIDINGOFROM HE ADVERSE
N OF' THE CITY TRAFFIC ENGINEER OR DESIGNEE;
➢ING FOR PENALTIES FOR VIOLATION; PROVIDING FOR
CONFLICTS, SEVERASILITY; PROVIDING FOR CODIF'I CATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Longwood City Commission has dete—ed Chac Che
as a
pre. profusion of pubLic forum nc icy, luding [he
o
charitable c r:butions pCsuc ar of h a itPI.—.—pren- direcc, clear and present danger [ th. pubEicch--,
+elfare and safely when such public forum a ity takes place i
r=_gulaced fashion within o adjacent c t[he [ravel ed pubLic
rights o_ ✓ay within the City of Longwood; and
EAS, Orange County and o r jux onducted
raft iccR rveys, raffi-h pat cudies haand< raff is
itlItil[udie and a salt of naid studies have found
Chac Public oForum a ithin i creates a public
saf eey concern which requires reguia nions ec nd ns
the Longwood City Commission finds as fact that i
<learlyvandSpres ently ...
sary C eegulate public forvm a icy
it— and adjacent'
o theSC veled rights of way within cherCi[y
ongwood .t orderto Promote and protect the public health,
welfare and safety.
THEREFORE, BE IT OR➢AINED BY THE LONG'WOOD CITY
COFP1I55 IONecei� :
Sy. Chapter 1 er Peddls and Solicitors is hereby
ended be icled Peddlers, Solicitors and Public
i Chin Public rights of way" with the e ing Chan er
14t being redesignated as Arci cle I Peddlers and Sol icic ors" and
Public Rights of Way
For purposes of [his A rcle, each of Che
following t shall have the s e definition
Che s defined s[ Che t0
referel" forth herei.below o
as
otherwise spectifically defined herein:
(1) Arterial road; Sertion 334s.03, F.S,
(2) Collector road; Section 334.03, F.S.
(4) Right-of-way; Seceion 334.03, F.S.
(5) Road; section 331-03, F_S-
(6) In[ersec[ron, Seceion I16 .003. F.S.
(1) "Solicitation of Charitable Contribution" m [he
o solicitation empted sol ieieaeiov of ney, donations If
oro mney, ppertyr o r tf financial assistance of any kind or the tender,
publica[i.., ..
icket, advertisement, subscription o anything of
value pleas a
repre u
hch soliciea[i 0n
ender,o the . offer of saleo epro eels [hereof, s fo
c ha ricable,o paCrioCi c, public, philanthropic or political
pumose.
Sec. 14-5 Regulations
The wa u any C 111ed right-of-y i [he City 0f
0ngv00d publi4 c elu .ding the solicitationIf
chari[ableacontlib.til.1,eis subject Co Che following leg lation+
(1) t eAny u of a collector road o ill
oad right of -way public Eorum,when
s generated by such u r between
thetV urb urb ulder o shoulder
portion of tihec paved ssholight-of-way o ncluding
medians therein, shall requi a pe 1 as sec
forth in _ iill 14-9 bal ow
!21 Any u of a collector road o ial
oad righ[Sof-way a a public forum whenes
s ides of the v a lanes ccbut the c [s gen [ed byuch
use are directedprimarily coward vehicles
ithin the raff;c lanes, shall require a
permit L set forth in sectron 14-9,
(3) The ii oll ec[or
dad and a 1al rtoad tights ofl way he[ween
Che curb vrb o shoulder shoulder
por of [thee paved tight -of -way .eluding
anyrmedians therein, and t. illed pox
uch roads adjacent t uch ai rsdue
their high eraffi v redesigns nand/or
c ident r e hazardous and u safe for
the m inga of pedestrian public forum usage
ith t[he primary r ended of uch
and roads for—hi—lat traffic
flow s Such hazardous and unsafe intersecCvons
C—i---,
ermNo pits shall be i ued under
S ectionl4 for any public forum use ai Chose
" any such r solu[ion. r[he r,
permit shall be i ved under Section 14-9 C
allow y public forum a ity C h e place
... hinanupon [hose rights -of v
Dads which ayd`heh
designae ed i when such-1— f
icy would c er place within five hundrvd
(500) feet of such a d=_signaled i
Those hazardous and safe
designated "Hazardous and r
rrosolution sha11 be chosennfrom
Cet ended for such des igoa bytheCi[yco Traffic Engineer after
jnsidera[ion by him o appropriate evidence
s[ifying uch endations. i[y
Traffic Engirt r periodically s and
end s for designs....
ardous and safeand shall suggest
additions for designs hazardous and
safe and shall suggests additions and
delet ons t, hose o designated based upon.
changeraffic volumes, rights of ways,
signs and/or cident rates and other
aporo- see crit erla.
group's right C e fir public forum purposes
only n par r of right-of-way [he
.icy of Longwood regulatedunder
orny of [his v thA Othapplicable
local, stare, and feaOther applicable'_'
laws and regulation
regarding rights -of -way shall cnn full
force and effect, ncluding those prohibicing
coemmercial use of rights -of -way.
l5) In order to provide for Che orderly flow
of traffic during rt rural business days, and i
order [ pro healch, safety, and
welfareof both lb— forum par cipants a
[he t veling public, public forum a
(including the solicitation of charitable
ribut nsl shall comply with [he following
condiCionS�
(a) Public forum e
a hal sl be
perm Ced only on Saturdays VandSundays and
onl yrt between Che published by
appropriate Federal government uthority
[hose official tomes for sunrr se and sunset.
(b) Participan public forum
regulated hereunder shall n
Che traffic lanes of cheoroadway
cep Ca and wv[hin designated pedesc ri an
cross.+alks.
(c) Participan public f.—
regulated hereunder who
pos ned o o.—y medians o n pedesc—
walks shall a all safety
garment such a a high v bili[y eshirc, v
r jackec, Chesc olor of hiwhich shall be o ange,
Y.
low, ong yellow green —I [he
fluo of Chese colors) uch
garn i—d shall s omply ith spec P.11 Bons
ned i edition of P of
thetManual o niEorm Traffic Conerol aO
published by Che Federal Highway
AdminisCracion.
(dl 1f any - under the age of
eighteen (181 par. i<ipa[es a a public f
ity regulated hereundern required
adult supervisor be present a the
publiconEorum a ity s e for each group o
three EewerCv partic:pan pr—I.
The pre of muchra adult supery
required ev order t supervise f
and pro the safety of such v minor
participants.
(el Any p... icipa public forum
aeevviey regulated hereunder who is engaged in
the solicitation of charitable c ributille
shall display prominently legible
identification card or badge which shall show
the following information:
-A recent photograph of the participant
-The participants name
-The n of the sponsor of the
public forum activity
The par cipan and photograph
shall be permanenely affixed or laminated t
uch card or badge. iaencif icae ion provided
fitother purposes (Vehicle Operator Lite—,
State Identification Card, Employer
Identification Caxd, e' ra) may be used t
reqisfy informational Ceport ions of [his
uirement. The r red identification card
r badge sha11 be provided by the permit[ee [o
each participant.
(6) rcipants itpublic Eorum
[iregulate
d ed hereunder shall n t block
ob —ct any road, traffic Sane, c .walk,
sidewalk, driveway, _ property n
e e it
any m r fashion :which would o the
beneficial of such_ o participanei
oruma
public fe ity regulated under
shall engage i any a ity or behaviorewhich
may endanger the personal safety of the public
or [he partvcipant.
Sec. 14-9 Permits
(1) In order for a per r group c
onduct any public forum a [y (including
the s o[ charitable c ribution)
described c - above, uch
per r grouprm [ first ob[e n a nigh[ -of
way/public forum permi_ from the City Traffic
Engineer or his tles ignee.
"I Application £or right-of-
way/public forum perm shah be made
from supplied by the City Traffic Engineer o
his designee. very application shall be
filled ompletely. Failure fully
omplec apnLicaeion shall be grounds co
refuse a [e.
(3) right -of -way/public
permit for a Eath public forum a lily w hfdoes
lode solicita[io of charitable
ribueionsrshall 'a'
longer
[hart s n (It days. acharigh[ of way/public
aom perm a public forum a try which
s vclude solicitation
charitable ributions shall be valid for
not longer than two (2) days_
") Each right -of -way/public forum
permit shall be specific as to location and
antes.
(s) The ongwood ity may
s [ablish fees far he i uance of sright-of-
way/public forum permits ss
(6) As part of the application for a
right -of-way/public forum permit, e ach
ca applition whether h solicitation
charitable < oributionswi 11 be par of If
public forum ---hies to the conducted, if
is I. be par orum of such public fa
then he applicant per groupVr hall
supply t the City as par of� he application
uch di losu re rrtformation required
par the Soli<iC ation a of + ands Ac[,
Chapters 1. F.S. Those persons For groups
which a empted frem compliance with the
Solicitation% of ands ACC shall he
basis of exemption as part of ehe application.
"' As par of -he application for
nigh[-pf-way/public fory permit, the
applicant shall sign of liability i
favor of the City cidents which may
sal[ from the a Vohducted by the
person or group und.r,hr permit.
(e) Is par of application for
right-of-way/public permit, Cbe
applicant shall sign a hold harmless agreement
n favor of the City for i cidehts ocing
I. aof the persons or group�sactrpns
wh filer ope�ra[ing under the permit.
(9) The City Traffic Engineer shall
right-o way/public forum permit
ithih a (SO)f days after ompl ete
application is submitted. Only one such
or�t per i and adjacent roadways
ny other spec £ic area constituting a five
way shall be issued
(10) Appeals. appeal from any
applicant n ued a permit hereunder may be
taken C the Longwood City Commission. The
Longwood City Commission shall hold a hearing
t
the and ender decision
cons titutingthe final City action rn Che
(11) The City Traffic Engineer,
designe may erm yoke right-of-way public
forum a ity pupon finding a iolacion
of any csubseaneialt o iaon l cdition
s so
andard for ofte uch perm
conduct of anyactility thereunder. t Such
after r rtable rt of such hearing has
been given oeo ehe permieeee.
Sec. i4-30 violation; penalties.
(1) It shall be unlawful Cage,
piesenC, onduct any public fb_ I :ty
regulated bycche A icle without fi— having
obtained a permit rtherefore a provided for
(2) Ic shall be unlawful Co knowingly
participate i, ny oublic forum icy
regulated by Che A rcle wRen a perm to hasVn
been issued for such gybl is forum a<crvity_o
(3) 1, shall beunl awful for any person
charge of, I. ...ponsible for, any duly
permitted public forum. a iey [o knowingly
f-fil amply ith cany regulatory
inistrat<i ve requirement o provision of
this Article.
(a)
lan sha11 be unlawful for any person
alter aduly signed and issued public £—
permit in any way
(5) Any person violating Che provisions of
the t
A icle shall be pun hed by a fine n
eedfive hundred dollars ($500.00) It by
imprisonmene ib the c my Sail for a
to exceed —ty (60) ndays, 11 by both such