(A) Definitions. For purposes of this section, the following words, terms, phrases and derivations shall have the meanings given herein.
NEUTRAL GROUND. Any area, a minimum of three feet wide, that divides a roadway or divides the roadway for vehicles driving in opposite directions, including, but not limited to, paved medians measuring at least three feet in width.
PEDESTRIAN SOLICITOR. Any person who while standing or going upon any portion of a public street, highway or neutral ground within the city, personally hands to or seeks to transmit by hand or receive by hand anything of any kind, whether or not payment in exchange is required or requested, to or from an occupant or occupants of any vehicle, which is engaged in travel on or within any portion of any right-of-way. The term shall not apply to any person who does not enter into any portion of the street or highway.
SOLICIT. To personally hand to or seek to transmit by hand or receive by hand anything of any kind, whether or not payment in exchange is required or requested, to or from an occupant or occupants of any vehicle, which is engaged in travel on or within any portion of any right-of-way.
STREET OR HIGHWAY. That portion of a roadway, street or highway improved, designed or ordinarily used for vehicular traffic including, but not limited to, shoulders, bike lanes and contiguous public parking, but shall not include sidewalks, bike paths, private property, or streets closed to vehicular traffic. The term street or highway shall include bike lanes which are delineated but a contiguous part of the street or highway pavement.
VEHICLE. As currently defined in F.S. § 316.003(75), or as modified hereafter.
(B) Restrictions. It shall be unlawful for any person to fail to comply with, or to violate in any manner, the following regulations and requirements for pedestrian solicitors within the city:
(1) Pedestrian solicitors may solicit before sunrise and after sunset only at intersections or on street segments with illuminated street lights which ensure the visibility of the pedestrian solicitor;
(2) Pedestrian solicitors may not solicit during any period when visibility is substantially impaired by inclement weather;
(3) (a) Pedestrian solicitors may not solicit at an intersection, or any portion thereof, which contains, or is controlled by a railroad crossing, or within 600 feet of any such intersection.
(b) No solicitation or conduct permitted pursuant to this section may be conducted on railroad property without written permission of the railroad;
(4) No pedestrian solicitor shall solicit at or within any portion of an intersection which is under construction, repair or renovation;
(5) No pedestrian solicitor shall solicit within any intersection or location where a traffic accident has occurred involving disabled vehicles, property damage or personal injury, and while police, fire or fire rescue are engaged in their various duties, until such time as:
(a) The site is cleared of such personnel,
(b) The vehicles involved in the accident are removed, and
(c) The normal flow of traffic has resumed;
(6) No pedestrian solicitor shall solicit at or within 400 feet of the following intersections of:
(a) Copans Road and Andrews Avenue,
(b) Atlantic Boulevard and Dixie Highway,
(c) Sample Road and Powerline Road,
(d) Copans Road and Powerline Road,
(e) Atlantic Boulevard and Federal Highway,
(f) Copans Road and Federal Highway,
(g) Atlantic Boulevard and Powerline Road, and
(h) Sample Road and Dixie Highway.
(7) The city and its law enforcement agency shall review its traffic accident data every two years to determine if any amendment of the locations listed in subsection (6) above is warranted.
(C) Protected activities. The regulations of this section are not intended in any way to infringe upon any individual's constitutional First Amendment rights or one's constitutional right to picket or to legally protest, but are provided to ensure the safety of those exercising those rights as well as the safety of pedestrians, cyclists and motorists exercising their right to free travel and use of the city streets, highways and right-of-ways.
(D) Penalty. Any person convicted of violating a provision of subsection (B) above shall be subject to punishment pursuant to § 10.99 of the City’s Code.
(Ord. 2003-71, passed 9-23-03; Am. Ord. 2020- 60, passed 6-23-20)
Cross-reference:
Vendors obstructing streets and sidewalks, see § 131.14