§ 14-101.1. Right-of-way solicitors, peddlers, or canvassers.

(a)

Definitions . For the purposes of this section the following definition shall apply unless the context clearly indicates or requires a different meaning. Right-of-way solicitors, peddlers and canvassers continue to remain subject to all of the provisions contained in Article VI of this chapter, however this section shall take precedence where any conflict is noted specifically as to right-of-way solicitors, peddlers, or canvassers.

Right-of-way solicitor, peddler, or canvasser . Any person who sells or offers for sale any thing or service of any kind, or who seeks any donation of any kind, or who personally hands to or seeks to transmit by hand or receive by hand any thing or service of any kind, whether or not payment in exchange is required or requested, to any person who operates or occupies a motor vehicle of any kind, which vehicle is engaged in travel on or within any portion of any of the streets or roadways in the city, whether or not such vehicle is temporarily stopped in the travel lanes of the road. The term shall not apply to any person who merely holds or displays a sign lawfully permitted to be displayed by a person as long as there is no entry by such person or sign into any portion of the roadway or its median. Further, this term shall not apply to official citations or notices provided pursuant to governmental authority.

(b)

Prohibition of right-of-way solicitors, peddlers, and canvassers .

Findings; purpose; intent .

(1)

The city commission desires to adopt an ordinance restricting right-of-way solicitors, peddlers, and canvassers to certain streets and roadways located in the city because such solicitors, peddlers, and canvassers pose a danger to themselves and the public at large by interfering with the safe movement of normal vehicular traffic which constitutes a traffic or pedestrian impediment or hazard or access obstruction;

(2)

According to the Florida Department of Highway Safety and Motor Vehicles 2007 Florida Traffic Crash Statistics Report, five hundred fifty (550) pedestrians were killed on Florida roadways in 2007; sixty-five (65) of those pedestrians were killed on roadways in Broward County; and

(3)

Based upon statistics collected by the Surface Transportation Policy Project, the Miami-Fort Lauderdale area is one of the most dangerous areas in the United States for pedestrians; and

(4)

The city has experienced pedestrian crashes resulting from solicitation in the roadways;

(5)

Numerous types of right-of-way solicitors, peddlers, and canvassers and may seek to operate within the city, including, but not limited to, children, adolescents and adults who seek to collect money for school and community activities; vendors who sell flowers, newspapers and other products; and people who seek donations or distribute written information; and

(6)

Right-of-way solicitors, peddlers, and canvassers approach motorists and passengers in motor vehicles engaged in travel on roads, and are particularly susceptible and vulnerable to serious injury, or death due to the speed and number of motorists who operate vehicles on busy roads within the city; and

(7)

Roads are primarily designed for vehicular traffic and are not suited to safely accommodate right-of-way solicitors, peddlers, and canvassers; and

(8)

According to a local newspaper article published in 2005, 29 right-of-way solicitors, peddlers, and/or canvassers have been seriously injured and at least 14 more have been killed by motor vehicles during a 15-year period; many of those deaths occurred while the solicitor, peddler, and/or canvasser was sitting or standing in a median or on the side of the street (including a Sun-Sentinel newspaper vendor who was struck by a car while carrying papers on U.S. 1 and Broward Boulevard in Fort Lauderdale on July 50, 2000; a Miami Herald newspaper vendor who was standing on the median at Federal Highway and Stirling Road on May 25, 2002; and a Miami Herald newspaper vendor who was selling papers on the side of the street at Stirling Road and U.S. 441 on August 7, 2002); and

(9)

The presence of right-of-way solicitors, peddlers, and canvassers and interferes with the safe movement of normal vehicular traffic and causes an unnecessary traffic safety hazard; and

(10)

The road network in the city is substantially burdened by a high volume of traffic, and road design frequently includes complex vehicle turn movements that demand a driver's strict attention; and

(11)

It is the intention of the city commission to use the least restrictive means to advance the significant governmental interests of traffic safety and public safety and, consequently, the city staff analyzed each of the major roads within the city and determined that the roads listed in subsection (c) below present an increased and significant danger for use by distracted drivers, pedestrians and right-of-way solicitors, peddlers, and canvassers and pose the greatest threat to traffic and public safety in reference to activities and use by right-of-way solicitors, peddlers, and canvassers, and therefore the city commission has determined that such activities and use by right-of way solicitors, peddlers, and canvassers shall be prohibited on the roadways listed in subsection (c) below; and

(12)

It is the finding of the city commission that many other alternative channels of communication (other than right-of-way solicitation, peddling, and canvassing on the prohibited roadways) exist for persons who seek to exercise their First Amendment freedoms, such as, but by no means limited to, solicitation of funds or distribution of literature through the mail or at alternate locations (such as houses of worship, shopping areas and special events); the sale and/or distribution of newspapers through home or office delivery, vending machines and retail stores; and the sale of goods and services at retail stores, through the internet and from vending machines; and

(15)

The city commission desires to preserve and protect the personal safety and quality of life of its residents and of those who use streets within the city, both pedestrians and motorists alike; and

(14)

The city commission has reviewed the proposed regulations provided by this section and finds that such regulations accomplish the purposes intended while utilizing the least restrictive means to further and protect the health and safety of its residents and those who use the city's designated roadways; and

(15)

The city commission finds that it is in the best interests of the residents of the city to adopt this section.

(c)

Prohibited roadways . It shall be unlawful for any person to act as a right-of-way solicitor, peddler, or canvasser: (i) anywhere on or at any intersection along University Drive; and also (ii) within two hundred (200) feet from the lateral curb or boundary line of the following specific intersections within the city boundaries of the city:

(1)

Oakland Park Boulevard and Rock Island Road.

(2)

Oakland Park Boulevard and Inverrary Boulevard/N.W. 56 ^th Avenue.

(3)

Sunrise Boulevard and N.W. 31 ^st Avenue.

(4)

State Road 7 (U.S. 441) and 12 ^th Street.

(5)

State Road 7 (U.S. 441) and 16 ^th Street.

(6)

State Road 7 (U.S. 441) and 19 ^th Street.

(d)

Enforcement and penalties . The enforcement of this section shall not, in any way, preclude the enforcement of Florida Statutes, Section 316.130(5), as applicable.

(1)

It shall be the duty of any police officer or code enforcement officer of the city to require any person seen soliciting, peddling or canvassing and who is not known by the officer to be duly permitted, to produce his solicitor's, peddler's, or canvasser's permit, and to enforce the provisions of this chapter against any person found in violation of this section, Article VI, or any part of this chapter.

(2)

Any person who violates any terms or provisions of this section, any part of article VI, or this chapter shall be subject to penalties as contained in section 7½-3. Violators may be issued a uniform Code citation or a notice to appear for such violations which may be prosecuted before a court of competent jurisdiction and, upon conviction of such violation before the judge of the county court, shall be subject to the penalties ordered by the court judge. Each day of the violation of any term or provision of this section, any part of article VI or this chapter shall constitute a separate and distinct violation.

(Ord. No. 13O-12-159, § 1, 1-13-14)