§ 50-5. Permits.
As provided in F.S. § 337.406, the village may issue a special event permit of limited duration for the use of the public right-of-way for solicitations of funds authorized under F.S. ch. 496, if it is determined that the use will not interfere with the safe and efficient movement of traffic and the use will cause no danger to the public.
(1)
A permit for solicitation on the right-of-way of any public street or highway in the village may be obtained from the chief of police or his designee, provided the applicant meets the following criteria:
a.
The application shall be filed not less than 14 calendar days prior to the proposed solicitation.
b.
The applicant shall provide its name and address, including the name and address of any charitable organization to receive funds from the solicitation.
c.
The applicant shall provide a plan for review and comment by the traffic engineering division. The plan must provide for the safety of all persons participating in the solicitation, as well as the motoring public, at the locations where the solicitation will take place.
d.
The applicant shall indicate in specific detail the location or locations of such solicitation, together with the hours thereof. No solicitation period shall exceed three consecutive days. All solicitation shall occur during daylight hours only.
e.
The applicant shall provide proof of commercial general liability insurance against claims for bodily injury and property damage occurring on any roadways and rights-of-way within the corporate limits or arising from the applicant's solicitation activities or use of the roadways and rights-of-way within the corporate limits by applicant or the applicant's agents, contractors or employees having limits of not less than $1,000,000.00 per occurrence for the general aggregate. The certificate of insurance shall name the village as an additional insured and shall be filed with the village manager no later than 72 hours before the date of solicitation.
f.
The applicant shall provide proof of registration with the state department of agriculture and consumer services pursuant to F.S. § 946.405, or proof that it is exempt from the registration requirement.
(2)
No person engaging in solicitation activities shall:
a.
Persist after solicitation has been denied.
b.
Shake, open, or attempt to open any vehicle's door, hatch, or tailgate.
c.
Accost or harass persons, or act in a demanding, threatening or intimidating manner.
d.
Obstruct, delay, or interfere with the free movement of either pedestrians or vehicular traffic.
e.
Use any sound- or voice-amplifying apparatus or device.
(3)
The chief of police, or his designee, may issue a permit authorizing the solicitation if it determines, in consultation with the traffic engineering division, that the solicitation will not interfere with the safe and efficient movement of traffic and will not cause danger to the participants or the public.
a.
The permit may contain terms, conditions, or restrictions as are necessary to ensure the safe and efficient movement of traffic and to prevent endangering the participants or the public.
b.
Permits issued pursuant to this section shall be for a specific time period not to exceed three consecutive days.
c.
No individual or group shall be granted more than one permit per calendar year.
d.
The village may rescind any permit or decline to issue subsequent permits to any individual or group violating the terms, conditions, or restrictions of the permit or for violating any requirement of this section, any other village ordinance or regulation, or any state statute or rule.
(4)
The applicant shall comply with all other laws, ordinances, and regulations pertaining to public safety, traffic, and solicitation.
(5)
During active solicitation, at least one solicitor at each location shall be in possession of copies of the authorizing permit and the certificate of insurance and shall display the copies to any law enforcement officer upon request. All persons participating in the solicitation shall be at least 18 years of age and shall possess picture identification.
(6)
Signage providing notice of the solicitation shall be posted at least 500 feet before the site of the solicitation.
(Ord. No. 2006-03, § 2, 2-9-2006)