Ordinance 11-1982 ORDINANCE 11 -1982
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA REPEALING
CHAPTER 54 OF THE LONGWOO D CITY CODE OF ORDINANCES; AND
REPLACING WITH A NEW CHAPTER 54 OF THE LONGWOO D CITY CODE
OF ORDINANCES IMPLEMENTING REVISED REGULATIONS FOR
SOLICITORS, PEDDLERS, AND SOLICITATION IN THE RIGHT-OF-WAY;
PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Longwood (the "City ") is vested with home rule authority pursuant
to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to
enact ordinances;
WHEREAS, the City of Longwood has a large population that can benefit from the
availability of options for various services and products offered by local solicitors and peddlers, whi,h
should be made available in an orderly and controlled manner;
v
WHEREAS, the City is concerned with the safety of its population, especially from falling
victim to improperly controlled soliciting or peddling;
WHEREAS, enforcing this safety can only be achieved by requiring specific criteria be met in
order for a permit to be issued for those who wish to solicit and peddle;
WHEREAS, allowing that there be specific criteria for control of soliciting and peddling that
still allows parties involved to practice their First Amendment rights in a manner that does not pose a
risk to the general population;
WHEREAS, the City wishes to ensure that solicitors and peddlers do not negatively impact the
aesthetics and functionality of parcels and lots located within the City;
WHEREAS, the City of Longwood finds that implementation of the enforcement program set
forth in this ordinance will promote, protect and unprove the health, safety and welfare of its citizens,
consistent with the authority of and limitations on the City pursuant to the Constitution of the State of
Florida and the Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI'T'Y
OF LONGWOOTD, FLORIDA:
SECTION 1. Repeal of Prior Chapter 54 of the Longwood City Code of Ordinances.
1�RATTTd T�
Page 1 of 18
p� ARTIC alt.-S
in n�°lr°ir�rn lr��
Sec. ate . YSn tit f 9• t,s�n av rinrxt • E - i ra �a•�ve# rnliri4-nvr
- s Z� uas uti� rrv�s n - nz �ro"s'a
(a) it shall be llplalvful for- any transient or
to selkit orders for goods, wa
inere ma or periodicals or any o -,+tare without first obtai ning rii-1 -an
, -,
t he pp C R £
;t fro m
(1�1 r pile P 1�„depa is hereby autho t ,-.-,it a 1-9 any' '�'ersJVai- i - ,upo proper annl;'r-,t;nn
t " Y"-•"` nar rroflanti ale
- :�'c rnztrrr
(Code 1982 § 14.1)
• yJ
A .-PEDDLERS
TTTf � vsuu� , - Q Q �svc 1
For the -purposes of this r article ) the t- erin " p e ` " s us? crriz - cv to t peddle .",he e ngage n.7,,.,+
flqpir trade in one or ineve specific lec_AtiAPr fAV ;I tjM8 period exceeding one hour in any 24-heur ti
period
(Code 1982 F1n -'7)
5 4-62 R.➢n -r.3,i &ei4,.a `1 ai CAivxi$-a�
it shall be upl-ay.44-11 fer any peddler to ply his vaeation within the inUrijeip liM A the city without firs
h av i ng obtai a occup 1; sTro6.8. -1, the f o ll ow i ng ac ti v iti es a r e pr ohibited;
(1) it shall be unlawful for- any peddler to ply his vocation on any street, s or- any ot
p ublic Fights _ of -way
(2) r } (2) it h 11-,a unlawful fora t nhxhi y t' w ithin a r-P lantial or Ili s+orir distr ;st
(3) it shall be unlawful for any peddler- to ply his vocation on an area or- tract of land flqat is used
—xz o iztizr rxT- cmzu- vrrc c r r n r`y' -- p e ddler - - c o ny - sv voc v "v' any x cxxxx: cc
th r e tail sale or lease O f V ehicles motor fuels or lubricants
f! da1QL27 �.1 - 21
' ' vm�� - r — `'T
Page 2 of 18
PART 11 - CITY CODE
Chapter S4 - PEDDLERS AND SOLICITORS
ARTICLE III. - PEDDLERS
DIVISION 2. - PERMIT
§
�"` � e _c_ . �i . _— at�n�vnA A- nnAAin+r�A Vno_Y k� ,•^
']TV - T T � - @' , application for trait
Each ap pli c atio n sh h d h f + � ' .l" R rl 1 ,.1 +h followin
y'- E '}'}}t u-- JC-, -° P �- .ii- rii:- zr�- a- cr...-- iiii - ci cn'-Zrr °-fo v^
Notarized permission letter- froro, the owner- of the property whe��dler intends to 'rc - cirs
o
f71 P of all .., u nty-, health s t a te „ o t her l or per as required b any govemme
age r-e gulating the ,�l;r-ant-.
�,.77 �,
sc aled E "Z" c`P"v''r l}g - ^ v '- si- 'r'"- `'e- ySii ^ v`a4- ng- hei 4G ^ -C-at n nd ntity= - of veh i cle par ng—paz i
t 4,- _ ;-
44veways, Are la nes a nd hydr nts rriuucq.'n'irtri�= rai -r�s-R
(C 1982 1-4-4)
S - 8- 12. r.Y� "a - U. [ - LTY � � dY. Yom+
rr shall be iss to any cant meeting th r� tC f �
'��� a � „,t T1TfC�--II[. ppli ti
1Z 1ZT�..lTCf "1'� ll[ L.T{:.�TCi l�- 1"I'CV l 1'T-�1
nl; nt denied permit, otherwise +h nt of this pt 1 1 ha +'t
-��7j— A- I�-i "' , ` �. "- r�`"�i�.- i= rr�zc�- i �-re. '" r- crci :��:.z irpt- ° cr-�rr a 1 z- r- QCZ -ici - ed
to a rev of tho
9 82, 1 z § 1 - 9)
j � C�P'2 _ II�AAn-- ltilAAA nifAanrl,r#1 ®wt,c nT AvA - 'v'.Gc
.(a) . - at"O n. llp ermits fee peddlorr shall h._, ; adfo-i a- rrrc period of one year.
i' f „f n„ ;
1� .l .,.,.- -[t;,,n „f na.l.11or'r n m;+ ;f tho d i ls t.,
- �lo-Cttii -a�> ova- c- �-°- r" i 'r i t a ; - , -a-.. 4 /�., T - aT rc- c a a�� °zazrt�- t�r�- ti
l ie e frL31 @I� S C� L... . . ..apt ei �tt r 92, article 11 o this Co de,
- The eity eomm shall determine
the permit be revoked based on e
l rn� C° �- ��' a�'4' �� ® .. -
Longwood, Florida, Code of Ordinances
Page 3 of 18
(�qq(( � v-- GIHMMA ' /� a�tr >�°. c�ra rr trR'rr�i° � Ti'trR�c ? -u��d '- .6- L1[d- ��g �� ° -r
For pu es of thi art' 1 e ach of th following terms shall have the tif:n:t;9n as - the ter..
defined in the statutory reference set farth herembelow er as othe-rwise specifically defined h-&�
Y1"F er re G[z: eL § 33403.
Collector- ro ag See F.S. r 2 24 03
n ter soe t4en co^ F F 21 r_ !1112
Person. See F.S. R 09A n2
Right- eF4 G) ,, See > c O R 224
ReG6[ See F.S. § 334
SOUCitUNOn Of ChGFitGbIe G0ntFibU60- means the solicitation 0 --ttemptled _F
dA_PatiA_nS of Money, property or flna;P C--i-Al _PS Si Stan ce of any ldnd-ov the 7 ,
tende ff _ rfe f o I a
emblem, publication, ticket, advert subseription or anything o
value on.t i' ple or ro.,re-sent -a+ion - ���e :.•: +- • i rcr, - crc'r ixu ° c: s o r an offer of s ale -one
proceeds thereof, is for! a charitable patriotic, pu p erpo �-G�.
( .lG1982 , § 14 -7
urn - - uxaciaras.
The use of any traveled Fight ofway in the city as a public forum, including the solkit;ltiAn A
l el rt - r nt ;h„t; ,nr „ ll ^.e.; R 1 ; .
(1) Any use -of a collector read or arterial read -,*-1'- -17-- " ., -,,II;c -um, when
nR ro„ t ,n
cz-raz i la - i - avr�.. , hi .t t f .
l,ot
ac tivitie s ge nerat e d �.,�,tih ... ee n c t cu sho to sho
oFtien of the paved right of way, including medians . , shall require a permit as-s-e-t
".. itn- seC +rG n�i�r.541-1111.32
(2) An use of - c ollector read o ar__te - r ri ght - of - w ay -, sa public drum, when suc
9EC
directed primarily tA1.4.41M I.XPhi'Ples w;tI-m the traffic lanes shall requ a permit as s-et4-Gr-t4
rrs,,
ct;o 5
f_...-,., betw th
.. _ _ r rv � - c - , - rc -
C_L�Al r1_121 94: _qIqouIId_
th , ,
tr-a ffi c- h desi nd / l t + 1 .1 f f. + C� ; i lgg o f
", N ace _ en � s, - ccz — hazar d - zo�l?iZnz -= cn rrccri; - ro - ,� iz -'z� °T
.1 + pu h _ IiC _ fA _ r1 _ IrA . usage w i th th p ' ten of rA h interse .1 r-o
f 1. 1- tr-A ,- flA141 C„rh h•.•I•,rrin,,r -,n.l , nr;.fn in i�� +; r a nd a d;acentre a ds rh
desi as " h aza rdo us a nd f uns afe - lTCi - ersecti o ns" f oM t----- to 1---- -e h r_eSgl „o- -q-- ----- +...l
b th 't No ite ; e.l , n,ler section 54 f pu blic For,,,,-,
, - rr.T•svp ”" ms shall hec i T... r� - 'i -- c " vrzcn - r
t th ose + t' designa h rdo sl uns res oluti on,
ui crcz irrty - i Jti.. ��rcr �r - .�.3 "ur lz - a -
n. su
+her n permit sh -,11 he i';r , nrl er qPFfiAP U-1 12 tA - ,ll n... a nnhli , , -._ z t
tair place with or upon th ose i - f o f the o-,flr w hich ,- nc-+it „tP or
designated i nt erse ctio n whe su ch p ublic fo ruin a cti v it y wou ld t-,lr pla withiwn SOO fee of
+� 1
7,, 7,, F - n - a1 zr iir -- c ^ r
a-FIA -
unsafe n - - rati t - � ° rJiZ t c�'en ” reS- 0icden S l �dP chosen # 8 2 "'.- ,zcc'rs�z
re-eGmmended for ;such designation by GI'+-IT f
traffic engineer af er considerat by hinq of
n p-iv .rrcrte •'Ti s uch ro -- - f Ti n rr �-nm m nn .1 -, +i n n �-- The '�� - .y z - i aiz a �- � pz-i avm- 'm
r'11AII rpvipl�' -I- intersections for designation as hazardous and unsafe and shall
suggest additions for designation as hazardous and unsafe and shall suggest additions and
d e l e t ; ons t t ho se so rl -,tell ba upon ch anges in traffic volume r aT-, ,_osign z - s
a4i-d/er accident rates and ether appropriate-Griteria-.
(4] This arti sh all affect a Pe - ' OF g roup's ;ib1, +v�V�i �_, ai_n „1 -+1;.• forum purp
/ these pertZ_nns of ri.ght_ of way in tth �� e re under au thority of this ;ne
apt .
Ot appl local, state, crrrt`1-c- fede laws a nd r rT„ o - rights _of -wa y shall
£G fi 1 11 f orce effect
{o l vrc' rte' t co - provide -fo th ord flow o traffic .a, -,1 h da a nd
-demo pr test t he h e a lth , f t n�l� pnL pu blic fd_h.e
- ��� - c � � m �= tr orum partirip ntr -n �rr, - -r
traveling public public forum acti (' 1 l' +h soli- r�;t-t ;An of c h ar itable contri g utions)
r -�rr fi r,.° t, u
&hall r pl ith t1,e f4,11o.4Tinrt c
a. Public forum act;vities shall be permitte*4 only on Saturdays and' Sun d - n4y
l� as +h
tip th h o u rs pu bli s hed 1 Dy _ap_p_�pr ta r f z o�ti,�i�rto�e mont au hnri +.r ose
o fficial times for sunrise an�n
b. Participants in publi f orum acti Ti- .r,,.a ze_herr e az=rde sh-,11 net _ zxti t--° � - i m
r tl +r ff' 1 f th o�rl. vti_ At A Ii th' d at����_�eStY,u
C. P ar ti c i pan t s pu bli c f orum ac tiviti e s . e hereunder wh are pe on
roadway medians or in pedestrian -cFA_s_1,4.Tan1_1k_:s shall at all tinies wear a safety-garme4A
h hi 'h'1't s hi r t , t n -,rLn+ +l,o en oir.l)_b{a_J.l'ee�rte�z,1_�
11 r f +h fl uo re scen t of these c„ lors) suc rt + h-,ll
� r° Tr6�- � �6z c` rr Lvc�Trz - v � : .' - "'z r �
C
U Troff; c ( nn + rol Tl e r h 1 a h th T7 a 1 Ti; h Alm + +'
s� ' '�n l' '_n�rx�zevy I ed'zrr'z - . rt ` rr�xwa "' e„ r'� - 'zi i on
d TF any mi un der th age of 18 p-, t; 'pates ; p:npi; fo activity regulated
118Feunderj. required that one adult supervisor be _,entat public forum activity
site fo ea ch g roup of +h, e-&-Gr fewer 4-• + Tl, resen rn f ,rh -,
TTr"norpai p res e n t. T a`- pres. ce - " -
udazr sap rvraoz ii i cqurred cr eidez S - rvrJ r crr� i�ire rri i re,S - ci p m i avttii - z
of cr,'rh miper p articipants - .
e. Any participant in publi f a regula he w _sa�11 +h
- mvrrrc, - iii -° u - n o- cr:� r Q
e 1' 't t F h t 1 1 + 'b t' 1 11 iis pr in_r r bry 1 + F
rr- izcc r- oo-.'- 1- a - r- ir- r& i- r�:a�v'.�- Z. � riu- rr -cr. - 81=1;rrn- �cci.zz-i
ca rd adg-e T . �_ � � Sziciz the follewinrt ;,
Z� - cr c- photo of ±he parti Ei
2 . h e par tl-E1pa r ' + r r�sx= r n z m - e - .
3. The name of th sponsor of the publ forum ac
The p art ,* e i p'a' t - ire - name -„ " per
vgraph shall be
The r o i - n- i f lir t+ � 1
to sue card or badge. Identific-ation provided for-ot-her purposes I'vehiiele-eperater
k.
license, state identification card, employer- identification card, etc.) may be-u-se-d-t-o
-,tidy informational portions of thisfyn n.�ment.�T8.nq„i.ir��nt,��o P ard
bad s hall b prov `ho o_i h n r+ic n+
+ o 1 + A 1, ,1 S h-,11 , of 1.1., 1 h t
— ��t�E } pu bli c f oru m . - '+ - az i- �� ".'r'rcn = r ` zc - v r rcict -
; - 1 t lan c s ide wa lk , dr or: prope entr a ny u:: o r
fashion which would prevent the beneficii-al use of such. Ne participant in a public forum
ZraT�j 1TL IT , ,�
`tiu;ty regulated herelm hall act o r beha which m nd r the
m ay s .'
pe rsona l safE „f +hepublic o r th p
(ro,le 1982 § 14-8)
(a) in order fey a person or group to conduct any public forum activity (including the SA]i-itAtiAP
of charitable contribution) as described in SPPdAP q4 -11 such per-son er group niust first obtain a
right-ef way/public forum permit from the city traffie engineer- or- his designee.
(b) Application for a right-4-way/publie forum permit- sliall he made on a f orm supplied by the
city tr af f4 G en gin e er or hi s d e sign e e. Eve ry ap p 1 i C_ ati A ri s, b-- R-1111 b e All I P d cul t e e mp let ely. F ai 1 u r e t o full y
complete an app lication shall be g to refuse a permit.
re) Each right-ef-way/publie forum peimit for a public forum activity wilich de-- --t nch,. th
le e
�
1.14+ ti o n of charit
.. /public forum P for a p ublic forum activity w hi c h doe net i•nclude- olio;t +;l.n of
cha r it a bl e con tributions shall he v for not longer than two da,.
e Longwood city commission may establish fees for the issuance of Fig
fo mts
'v min -cr i
r r�.r.
(f) As pa r t o f the a f o r a r i ght-of-way/publie forum pe rmit, ea ch pli ti he�h
,
the solicitation of charitable contributions Will 1 3- 4 4-7 -11 fEIFUM aGtiV#ieS-tG-be
, Z]Qs,�fo be par, efsu public forum activities,
then the applicant person or group Shall supply t art of the application such
infgFinati-on as is required pursuant to the SA-licit-1- 11��un Act, F
groups which a ,der pte.-1 from c o mpliance �I t1he C 1'o'tat' o f P. ,nds shall ct-,t e��i'z-r�z'-rs
o�nx m „+, -- .,r+nf the a
(,Il As + the for i ht - li
• a /puh, forum permit the ,;l - ant s hall s ign 1�7 - purr f app l i c a tion ... :.b..� ... / r ...... a err' - `� �r ccP
Frrc"rr� 'rrrccr � Fri - a - a
waiver of li in f-,uor of the . e 'rle to whi may result fr m the acti eo• _ • .a ted by
t person o g r o u p under the permit
( h) As part o f th app l i c a tion f u , ' b li+ o :/p ,hli fo rum • 't the pli- nt sh-,11 sign a
lield- mle re i_,z - n. P t iP f-, i-,r of the City for in cident s res ult of t he - I ei - n o
n' ac tions while operating u p erm i t.
gT' Q Ll r - rya- Sa -.zm - � ... "
f;l Th city traffic e shall i ssue a r ight _of_,. ay /p � z Z .�„� 111 -1- ten d ays a fter- a
com 1' +' Su b m itt e d . flnl „ nn°�s s u ch p ermit �cfrmts -,n.7-,rl;-+ce +r.adway
av,y_otlier sped - crr -, G nc•+; +,; +;n _nn l feet length of rig - 8 shall s hall oi. , -.—A.
fj)— appeal from any applicant not issued a permit hereunder may Jae taken to the city The city eo s h a ll holds a herein on tl ,l r e nde r a decision
+„t;n„ th fin t - ,.i
ton ' the tt
e- e3�s� mzczzr6�- r.- i-.sT c�i- c ac- ctvzri- ci- cn liz - m - ccr
f44— The city tFaffie engineer-, or- designee --revekea
-b—I -J of-way public forum activity permit
1 ' F h 1 n.Tit; standard- f. f
�1}3�6i3 fin ds P'-', vizo v^- ii 8r- mr�&ua�t�l�t �^l= l:zu�@�l;}l ..
p-&r�rk—er_-eon duct of any activity thereunder. Such Anding shall be made only upon hearing-and
after. rc hl +' f h h ; has h + th e R - az�zng rd-as given to c� ,ric
{GC4 �- 92. �
,
c ,, ,,
c rr 3 ,� ii ll � I r �� jt
1
i 'z vA e ,t first ha obta" ,1 - rm - t eref provided fo z'T, iz�_ca�
P — It Sh ln pe unl t kn n rt; i to in a ny n,,bli for„n_
art� p 't h t b een issued f suc hl; f -,ctiyi
ff_ - be nla w fi,1 f or- pe rsen in GhaFge i r f - of r esponsible f„r a duly p er + I - ” - ed public
forI a a t,- ;y
p-r-oMsien of this article.
d) T+ c z� -.�- h ail -vi unl_ f„l nzx -for any - to alter -, duly signed and issued' puN feruFa permit in an
e» vrsiv n of thP r+;,-10 sh 1 i - c -• provided i oo ciivrirrr
jCnd ? 1982, § 1 4 40 .
S EC'I ION 2. Chapter 54, as enacted by Ordinance Code 1982, is hereby repealed in
its entirety and replaced with new Chapter 54 as set forth herein:
ARTICLE 1. SOLICITORS
Sec. 54- 1.— Applicability.
The following words terms and phrases when used in this chapter, shall have the meanvzgs
ascribed to them in this section except where the context clearly indicates a different meanhi
Solicit means to travel either by foot bicycle motor vehicle or any other type conveyance from
place to place, from house to house, or fi•om street to street, for the purpose of taking or
attempting to take orders for sale of goods, wares and merchandise, personal propel jy of any
nature whatsoever for future delivery, or for services to be furnished or performed h - I the future,
whether or not a sample of the sub -j ect of such sale is carried or exposed for sale, and regardless
of whether advance payments on such sales are collected. The term shall also include the
distribution of promotional items, such as, but not limited to, door hangers and flyers, advertising
the sale of a product or service or appointment setting activities for future or current sales.
Except as otherwise specified, solicit shall not include persons engaged in the exercise of their
constitutional rights of freedom of speech and political activity_
Premises means any residential or commercial lot, including but not limited to the yard, the
residence, building and any accessory buildings, garages, or other structures on the lot.
Solicitation permit means a permit issued by the city allowing a person to solicit in residential or
commercial areas.
See. 54 -2. Prohibited Ac$ivi$y.
(a) It is unlawful for any person to solicit goods or services in any residential area without first
obtaining a solicitation permit pursuant to the terms, conditions, and provisions of this article.
(b) It is unlawful for any person to solicit or peddle goods or services hi any residential area
except within the following time limitations and at no other time:
From 10:00 a.m. to 6:00 p.m. Monday through Saturday, except legal holidays. A list of
city recognized legal holidays are on file at the police department.
(c) It is unlawful for any person to enter upon any residential or commercial premises in the city
under false pretenses for the purpose of soliciting orders for the sale of goods, wares,
merchandise or personal services, and for disposing of or peddling the same; or to remain on any
residential or commercial premises, after the owner or occupant thereof has requested such
person to leave; or to enter upon any residential or conmercial premises for any such purposes
when the owner or occupant thereof has displayed a no-soliciting sign on such premises.
(d) It is unlawful for any person while engaged in solicitation to enter into the side or back
of any residential premises unless accompanied by the resident of the premises. A violation of
this paragraph(d) may result in the immediate arrest of the violator
Sec. 54 -3. Exemptions.
The following persons and activities are exempt Rom the requirement to obtain a solicitation
permit under this article and the time limitations of section 54 -2(b):
(a) Representatives of daily or weekly newspapers making regular house -to -house deliveries.
(b) All solicitors specifically invited by the owner or tenant to come to the premises to
engage in selling, soliciting, and /or displaying merchandise of any kind and nature.
(c) Persons participating in traditional holiday activities, including but not limited to
Halloween trick -or- treating and Clu•istmas carolers.
(d) Persons who solicit or canvass on behalf of an issue a political party or candidate for
elected office.
(e) Persons participating in door -to -door religious muiis , regardless of religion or
denomination.
(fl Persons under the age of 18 soliciting or canvassing on behalf of a bona fide lion-profit or
govermnental agency, including but not limited to the Boy Scouts of America, the Girl
Scouts Campfire a non -profit sports team or community activity organization of which
the persons soliciting are members an educational institution, or a school- sponsored
organization.
Q ua
l ification for an exemption under this section shall not be construed to excuse or authorize
otherwise unlawful conduct such as the conduct of vending_ or solicitation operations on
properties without the consent of the owner or lessee of such property, trespass, disturbances of
the peace fraud or the failure to observe and abide by any other applicable ordinance, law, or
statu
See.:54 -4. - Procedures for obtaining a solicitation permit.
(a) Application. An application for a solicitation permit shall be fled with the police
department for each individual or non -profit group that will be solicitnlg_in the city. The
police department is hereby authorized to issue a permit to any person or non- profit
group, upon proper application to solicit orders from the citizens of the city but only
upon exhibition to him of proper credentials. The application shall include the following
information:
(1) Application An application for a solicitation permit shall be fled with the
police department for each individual or non- profit group that will be soliciting in
the city. The police department is hereby authorized to issue a Permit to any
person or non -profit group ui?on proper application, to solicit orders from the
citizens of the city but only upon exhibition to him of proper credentials. The
application shall include the following_ information:
Each applicant's full name date of birth, sex, height, weight, race, color of their
eyes and hair, local and permanent address and valid electronic mail address.
(2) Name and permanent address of employer or parent company_
. (3) Nature of activity, including description of products involved, metho of
delivery and maximum of two calendar days to solicit. If not going door -to -door,
address of solicitation location is required.
(4) Description and license tag number of vehicle to be used.
5 Cop of applicant's driver license or state identification card.
(6) A statement as to whether or not the applicant has been convicted of any
felony, misdemeanor (excluding traffic violations)„ or violation of anv city
ordinance the nature of the offense and the punishment or penalty assessed
therefore.
(7) Any pplicant to engage in solicitations for "home solicitation sales" as
defined in F.S. § 501.021(1), shall present evidence that a current permit for home
solicitation sales, as required by F.S. § 501.022 has been issued by the county or
the division of consumer services of the state department of agriculture and
consumer services.
(8) An administrative fee as set out in Appendix B of the Longwood City Code of
Ordinances for each individual or non - profit group shall accompany any
application fora solicitation permit.
(9) No person under the age of 18 shall be. issued a permit to solicit unless such
person is operating under the supervision of an adult who also holds a current city
solicitation permit and who shall be liable for any violation of this Chapter by
minor. The minor's permit shall state the name and permit number of the adult
supervisor. At all times while the minor is soliciting in the city, the adult
supervisor, employer or parent company of the minor shall. be available for
contact by telephone and telephone number shall be stated on the minor's permit.
a. A minor is operating under the supervision of an adult only if, at all
times where the minor is. engaged in soliciting, said minor is within the sight of a
person at least 21 years of age who also holds a current city solicitation permit.
(10) If application is submitted on behalf of a non -profit rg oap = proof of non-
profit status must be included.
(b) Review of applications. The police department is hereby empowered to approve or deny
all applications for solicitation permits. The police department has the right to interview
and investigate . all persons not herein exempted who are seeking a solicitation permit.
The police department shall approve or deny an application within five business days of
receipt by the city of the complete application and fee. The police department shall
provide a written notice of the reason for denying a permit via electronic mail.
(1) Once the police department has approved a solicitation permit, the permit
shall be good for a maximum of two calendar days. An applicant may apply
for a solicitation permit again, however, in no case shall a solicitation permit
be issued to an individual who has received a solicitation permit within the
last six months from the city.
2 The _ police department mqy deny an application for the following reasons:
a. The applicant has been convicted of, or entered a plea of guilty or nolo
contendere to, a crime against the laws of this state or any other state or
the United States, involving moral turpitude, fraudulent or dishonest
dealing, or the illegal use or sale of a controlled substance, or has been
convicted of, or entered a plea of guilty or nolo contendere to, a violation
of any of the provisions of F.S. §§ 501.021- 501.055.
b. The applicant has previously obtained, attempted to obtain or is
attempting to obtain a permit by fraud false statement misrepresentation
or failure to truthfully answer any question in the required application
c. The applicant has failed to obtain required county licenses.
d. The applicant has failed in any material respect to comply with the
Provisions of F.S. §§ 501.021 - 501.055 or this section.
See. 54 -5. Revocation of permits.
(a) Solicitation permits issued by the city under the provisions of this article may be
revoked by the police department for any of the following causes:
1 Fraud misre resentation or false statement contained in the a_ _ lication for
p ermit.
(2) Fraud misrepresentation or false statement contained in the course of
carrying on the permit holder's business as peddler or canvasser.
(3) Any violation of this article.
f4) Conviction of any crime or misdemeanor involving moral turpitude
.(5) Conducting the business of soliciting in an unlawful manner, or in such
manner as to constitute a breach of the peace or to constitute a menace to the
health, safet or general welfare of the public
(b) Notice of the revocation of a solicitation permit shall be given in writing setting forth
specifically grounds of the revocation via electronic mail
Sec. 54 -6. Appeals.
(a) The action of the police department in the denial of an application for a permit or in
the decision to revoke a permit shall be entitled to a review for denial or revocation
by the City Administrator or his /her designee.
Sec. 54 -7. General provisions.
(A) Position of the city Each solicitation permit issued by the police department shall
have the following words clearly unprinted thereon:
"The City of Longwood Florida does not endorse the validity, reliability, or
merchantability of the product cause solicitation or solicitor which this permit
allows. Any and all misrepresentation or irregularity should be reported to the
Police Department."
(B) Exhibition. Solicitation permits issued under this section shall be carried at all
times by the applicant to whore issued when soliciting in the city. Solicitors shall
exhibit their solicitation permit at the request of any person.
(C) Use of permits by other persons No solicitation permit issued under the
provisions of this section shall be used or carried at any time by any person other
than the one to whom issued.
Sec. 54 -8. Enforcement.
(a) Any law enforcement officer who finds a person acting in violation of the provisions
of this Chapter may take one or more of the following actions:
(1) If the person is in possession of permit, the officer may confiscate the permit
and return it to the police department within 24 hours with written explanation of
the violation.
(2) The officer may issue a verbal or written warning to the violator to cease and
desist the activity that is in violation of this Chapter.
(3) The officer may require the violator to leave the city and if necessary escort
the violator to the city limits.
(4) The officer may issue a notice of violation, which may beappealed by written
request within 10 days of the notice of violation.
(5) In the event the violator has been cited with a violation of the provisions of
the Chapter within the previous six months', or is in violation of section 54 -32(d)
of this Chapter, the officer may charge the violator with a 2nd degree
misdemeanor and issue a notice to appear in county court or arrest the violator. If
convicted of a 2nd degree misdemeanor for a violation of this Chapter, the
violator may be punished with a fine of up to $500.00 or a definite term of
imprisonment not exceeding g 0 days, or both.
(6) In the event the violator is a person under the age of 18, a notice of violation
may be issued to such minor's adult supervisor or, if the minor does not have a
current city permit, to the entity employing the services of the minor and such
adult supervisor or employin entity shall be liable for the payment of the notice
of violation.
(7) In the event the violator is a person under the age of 18 and no adult
supervisor is immediately available, the officer may take the minor into custody
until such time as the minor can be released to the minor's parent or other
responsible adult.
(8) Any person to whom a notice of violation is issued shall pay the city a fine of
$50.00 for the first violation and a fine of $100.00 for any subsequent notice of
violation, within 10 days of the date of the citation, unless appealed within that
fine. If the violator fails to timely comply with the citation, a summons may be
issued commandin t hie appearance before a judge of the county court and a
service of process charge of $25.00 per summons shall be assessed.
(9) If a city solicitation permit is confiscated by a law enforcement officer, the
violator may, prior to the expiration of the permit, request the police department
return the permit. If the police department grants the request and a citation was
also issued and not appealed the police department may condition such return
upon payment of the applicable fine. If the police department denies such request,
the permit shall stand revoked and the police department shall inform the
permittee of such revocation pursuant to the procedures of Sec. 54 -5 hereof. Such
revocation may be appealed pursuant to Sec. 54 -6 hereof. A notice of revocation
is not reduired unless the violator makes a request for return of the confiscated
permit prior to its date of expiration.
(10) Any person violating the provisions of the article may also be punished_ as
provided in section 1 -13.
Sees., 54- 9- 54 -20. - Reserved.
ARTICLE 11. CHARITABLE SOLICITATION IN THE RIGHT - ®F -WAS'
Sec. 54 -21. - Regulations.
The use of any traveled right -of -way in the city for the solicitation of charitable contributions is
subie.ct to the following regulation:
(1) Any use of a collector road or arterial road right -of -way for the solicitation of
charitable contributions when activities generated by such use occur between the curb to
curb or shoulder to shoulder portion of the paved right -of -way, including medians therein,
shall require a permit as set forth in section 54 -22 and section 54 - 4.
(2) Any use of a collector road or arterial road right-of-way through the solicitation of
charitable contributions when such use occurs outside of the vehicular traffic lanes, but the
activities generated by such use are directed primarily toward vehicles within the traffic
lanes, shall require a permit as set forth in section 54 -22 and section 54 -4.
(3) The intersections of certain collector road and arterial road rights -of -way between the
curb to curb or shoulder to shoulder portion of the paved right -of -way, including any
. medians therein and traveled portions of such roads adjacent to such intersections, due to
their high traffic volumes, designs and /or accident rates, are hazardous and unsafe for the
mixing of pedestrian solicitation of charitable contribution usage with the primary intended
use of such intersections and roads for vehicular traffic flow. Such hazardous and unsafe
intersections and adjacent roads shall be designated as "hazardous and unsafe intersections"
fiom time to time by resolution enacted by the city commission. No permits shall be issued
under section 54 -22 or section 54 -4 for any solicitation of charitable contribution use at
t hose intersections so designated as hazardous and unsafe in any such resolution. Further,
po permit shall be issued under section 54 -22 or section 54 -4 to allow any solicitation of
charitable contribution activity to take place within or upon those rights -of -way of the roads
which constitute or create such a designated intersection when such activity would take
place within 500 feet of such a designated intersection. Those hazardous and unsafe
i ntersections designated in a "hazardous and unsafe intersection" resolution shall be chosen
fxom intersections recommended for such designation by the Chief of Police after
consideration by him of appropriate evidence justifying such recommendations. The Chief
of Police periodically shall review and recommend intersections for designation as
hazardous and unsafe and shall suggest additions for designation as hazardous and unsafe
a nd shall suggest additions and deletions to those so designated based upon changes_ in
t raffic volumes rights -of -way, designs and /or accident rates and other appropriate criteria.
(4) This article shall affect a person's or group's right to use for solicitation of charitable
contribution purposes only those portions of right -of -way in the city which are regulated
under authority of this article. Other applicable local state, and federal laws and regulation
regarding rights -of -way shall continue in full force and effect including those prohibiting
connnercial use of rights-of-way.
(5) In order to provide for the orderly flow of traffic during normal business days, and in
order to protect the health safety, and welfare of both solicitation of charitable contribution
participants and the traveling -public activities (through the solicitation of charitable
contributions) shall comply with the following conditions:
a Solicitation of charitable contribution activities shall be permitted only
Saturdays and Sundays and only between the hours published by appropriate federal
government authority as those official times for sunrise and sunset.
b. Participants in solicitation of charitable contribution activities regulate
hereunder shall not enter or remain in the traffic lanes of the roadway except at and
within designated pedestrian crosswalks.
C. Participants in solicitation of charitable contribution activities regulate g d
hereunder who are positioned on roadway medians or in pedestrian crosswalks shall at
all tunes wear a safety garment such as a high visibility shirt, vest, or jacket, the color
of which shall-be orange yellow, strong yellow -green (or the fluorescent versions of
these colors) such garment shall comply with specifications contained in the current
edition of Part IV of the Manual on Uniform Traffic Control Devices, as published by
the Federal Highway Administration.
d. If any minor under the age of 18 participates in a solicitation of charitable
contribution activity regulated hereunder, it is required that one adult supervisor be
present at the solicitation of charitable contribution activity site for each group of three
or fewer minor participants present. The presence of such an adult supervisor is
required in order to supervise the movements and promote the safety of such minor
participants.
e. Any participant ul activity regulated hereunder who is engaged in the solicitation
of charitable contributions shall display prominently a legible identification card or
badge which shall show the following information:
1. A recent Photograph of the participant.
2. The participant's name.
3. The name of the sponsor of the solicitation of charitable contribution
activity.
The participant's name and photograph shall be permanently affixed or laminated
to such card or badge. Identification provided for other Purposes vehicle
operator license, state identification card, employer identification card, etc., may
be used to satisfy informational portions of this requirement. The required
identification card or badge shall be provided by the permittee to each
participant.
(6) Participants in solicitation of charitable contribution activity regulated hereunder shall
not block or obstruct any road traffic lane crosswalk, sidewalk, driveway, or property
entrance in any manner or fashion which would prevent the beneficial use of such. No
participant in a solicitation of charitable contribution activity egulated hereunder shall
engage in any activity or behavior which may endanger the personal safety of the public or
. the participant.
Sec. 54 -22. - Permits.
In order for a person or group to conduct any activity (through the solicitation of charitable
contribution) as described in section 54 -21 such person or group must first obtain a solicitation
pammit from the Chief of Police or his designee and is subject to all rules and regulations as set
fortla in Article I Chapter 54 of the Longwood City Code of Ordinances.
Application for a solicitation permit shall be made on a form supplied by the Chief of
Police or his designee Every application shall be filled out completely. Failure to fully_ complete
an application shall be grounds to refuse a permit.
Cc) Each solicitation permit for the solicitation of charitable contribution activity shall be valid
for not longer than two days.
(d- Each solicitation permit shall be specific as to location and dates.
Ce) - The fees for the issuance of solicitation permits are as set out in Appendix B.
C�L- As part of the application for a solicitation permit each application shall supply to the city
such disclosure information as is required pursuant to the Solicitation of Funds Act, F.S. ch. 496.
Those persons or groups which are exempted from compliance with the Solicitation of Funds Act
shall state the basis of exemption as part of the application.
B As part of the application for a solicitation permit the applicant shall sin a waiver of
liabi hi favor of the city for incidents which may result from the activities conducted b
perso or group under the permit.
kDi As part of the application for a solicitation permit the applicant shall sign a hold harmless
agre in favor of the city for incidents occurring as a result of the person's or group's actions
while operating under the permit.
Ci�-- Chief of Police shall issue a solicitation permit after a complete application is
submitted. Only one such permit per intersection and adjacent roadways or any other specific
area constituting a 500 lineal foot lenglh of right -of -way shall be issued.
An appeal from any applicant not issued a pennit hereunder may be taken to the city
commission The city commission shall hold a hearing on the matter and render a decision
constituting the final city action in the matter.
(k) The Chief of Police or his designee may revoke a solicitation permit upon finding a
violation of any substantial or material condition or standard for issuance of such a hermit or
conduct of any activity thereunder. Such finding shall be made only upon hearing and after
reasonable notice of such hearing has been given to the permittee.
Sec. 54 -23. - Violation; penalties.
(a) It shall be unlawful to stage present or conduct any charitable solicitation activity
regulated by the article without first having obtained a solicitation permit therefore as provided
for herein.
(b) It shall be unlawful to knowingly participate in any charitable solicitation activityregulated
by the article when a solicitation permit has not been issued for such activity.
(c) It shall be unlawful for an, person in charge o£ or responsible for, any duly permitted
solicitation permit activity to knowingly fail to comply with and u� latou or administrative
requirement or provision of this article.
(d) It shall be unlawful for any person to alter a duly signed and issued solicitation permit in
MY way_
(e) Any person violating the provisions of the article sball be punished as provided in section 1-
13.
Secs. 54- 24- 54 -60. - Reserved.
ARTICLE 111. PEDDLERS
Sec. 54-61. - ApplIlCalbIllity.
For the purposes of this article the term "peddler" is limited to any person or persons, firm,
limited liabilitcompany, corporation, association, or organization, either principal or agent,
employer or employee who engages in. a temporaU or transient business of selling goods, wares,
services or merchandise within the City of Longwood, and who, in furtherance of such business,
leases uses or occupies any temporary structure, motor vehicle; trailer, tent, cart, or similar for
the exhibition and sale of such goods, wares, or merchandise. The person, firm, limited liability
company, corporation or organization so engaged shall not be relieved from the provisions of
this section by reason of associating temporarily with any local dealer, trader, merchant.
Sec. 54 -62. - Prohibited activity and exemptions.
It shall be unlawful for any peddler to engage in business activity within the municipal limits of
the city, unless such peddler meets one or more of the following exemptions:
(1) The peddler is engaged in the sale of goods or the performance of services solely on
behalf of a bona -fide non- profit organization or association, organized under Section
501(c) of the Internal Revenue Code; an educational institution such as a school, or a
school- sponsored organization, occurring at and with the written permission of a
business or parcel and without 'impairing the functionality or capacity of any parking
area, fire lane, or drive aisle, and without infringing on any landscape buffers or
setbacks. Peddling conducted pursuant to this exemption shall not exceed a time period
of 48 hours interrupted or non- interrupted within any two -week period. This
exemption shall be effective only as to the organization or association, its volunteers,
and its direct employees and shall not be extended to an independent contractors or
for -profit entities hired, paid, or retained by t�rganization or association.
Peddlers seeking exemption under this section shall present proof of their 501 (c) status
to the Community Development Services Department to be kept on file. The following
organizations are considered exempt from providing proof of 501 (c) status to the
Community Development Department:
a. Girl Scouts of the United States of America
b. Boy Scouts of America
c. Camp Fire USA
d. Non -profit sports teams or community activity organizations of which the persons
soliciting are members
e. Educational institutions
i School - sponsored organizations
(2) Activities by a peddler that are contained entirely within a building housing ousing an existing,
properly licensed business and includes no outdoor signage that is visible from any
public street.
(3) A peddler engaged in business activity pursuant to a valid temporary use or special
event permit duly issued by the City pursuant to Chapter 58 of the Longwood City
Code and subject to the terms and conditions contained therein.
Oualification for one or more exemptions pursuant to this subsection shall not be construed to
excuse or authorize otherwise unlawful conduct such as the conduct of peddling operations on
i without the consent of the owner or lessee of such property, trespass, disturbances of
the peace fraud or the failure to observe and abide by other applicable ordinance, law, or
statute, including applicable sign codes and setbacks.
SECTION 3. Severability, If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion or application shall be deemed a separate,
distinct, and independent provision of such holding shall not affect the validity of the remaining
portions thereof to the extent practicable.
SECTION 4< Conflicts and ]Repealer. To the extent this Ordinance, or any
provisions thereof, conflict with any previously enacted Ordinances of the City of Longwood,
Florida, this ordinance shall control only to the extent any such conflict(s) exists.
SECTION 5, Codification. Sections 1 -2 of this Ordinance shall be codified as a
part of the Code of Ordinances of the City of Longwood, Florida, such provisions may be
renumbered or re- lettered to accomplish such intention, and the word "Ordinance ", or similar
words, may be changed to "Section," "Article," or other appropriate word. The City Clerk is
granted liberal authority to codify the provisions of this Ordinance as contemplated herein.
SECTION 6. Effective page. This Ordinance shall take effect upon adoption.
FIRST READING: e4,, p Pl`
SECOND READING AND ADOPTION on this I (P y of a-vt LA 1 r\ 2012.
CITE' COMMISSION
CITE' OF ILONGWOOD, FLORIDA
� iIl ,1@Iay ®➢°
ATT1E
Sarah M. Mirus, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Da e W. gang .y ° Ci Ag e aiey