Ordinance No. 95-25-127ORDINANCE NO. 95-25-127
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 18,
SOLICITATIONS, SECTION 18-1 DEFINITIONS TO MODIFY EXISTING
DEFINITIONS; SECTION 18-2, PERMITS, REGISTRATION AND
FINGERPRINTING REQUIRED TO REQUIRE DUVAL COUNTY CLERK
OF COURTS PERMIT PRIOR TO SUBMISSION; SECTION 18-8,
EXCEPTIONS; SECTION 18-9, PENALTIES TO CLARIFY THIS
PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING
FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 18 of the Code of Ordinances for the City of Atlantic Beach
provides for the regulations for door-to-door solicitations in the city; and
WHEREAS, the City seeks to clarify the regulations and require applicants to obtain
and submit the approved Duval Clerk of Courts soliciting applications as required by Florida
State Statutes 501.022; and
WHEREAS, the City desires to require all tree -related solicitations to first obtain
verification under the City of Atlantic Beach Tree Service Statute before applying for a permit;
and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. Chapter 18 Solicitation, of the City of Atlantic
Beach, Florida, Code of Ordinances is hereby revised, as more fully set forth and described in
Exhibit A, attached hereto and made part hereof, and hereby adopted to read as shown in Exhibit
A.
SECTION 2. Purpose and Intent. The purpose and intent of this Ordinance is to update
the code to clarify and streamline the solicitation permitting process.
SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts
thereof previously adopted or entered by the City or any of its officials and in conflict with this
Ordinance are repealed to the extent inconsistent herewith.
SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any
provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision
shall be deemed severable and removed from the remaining provisions of this Ordinance which
shall remain in full force and intact.
SECTION 5. Codification and Scrivener's Errors. The publisher of the City of Atlantic
Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate
the changes to Chapter 18 (exhibit A) into the City's Code of Ordinances. Sections of the Chapter
Ordinance No. 95-25-127 Page 1 of 2
may be renumbered or re -lettered and scrivener's errors, formatting and typographical errors and
other minor, inadvertent graphical errors in Chapter 18 which do not affect the intent may be
authorized by the City Manager and City Attorney without the need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 1344 day of oG pbey- .2025.
PASSED by the City Commission on second and final reading this :2744' day of
beY- , 2025.
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason R G el,
City At_
ey
Curtis Ford, Mayor
Ordinance No. 95-25-127 Page 2 of 2
Exhibit A
Chapter 18 SOLICITATIONS
Sec. 18-1. Definitions.
[The following definitions, when used in this chapter, shall have the meanings ascribed to them in this section,
except where context clearly indicates a different meaning:]
Charitable shall mean of or relating to any benevolent, civic, educational, fraternal, philanthropic, religious,
humane, patriotic, voluntary health or other eleemosynary activity or cause.
Donation shall mean the act of making a gift or contribution to a charitable activity or cause, including, but not
limited to, contributions of clothing, food, money, pledges, property, subscriptions or anything else of value.
Person shall mean any individual, firm, partnership, corporation, company, association, society, organization,
trust, group or league.
Solicitation shall mean the door-to-door request, either directly or indirectly, for any donation or contribution,
including, but not limited to, any oral, of written request or material designed to hang or be affixed to a door or entry
�Lay; the offer or attempt to sell any article, service, publication, advertisement, subscription, membership or other
thing; the announcement through the press or other media concerning an appeal, drive or campaign to which the
public is requested to make a donation. A solicitation shall be deemed to have taken place when the request is made,
whether or not the person making the request receives any donation or makes a sale.
Solicitor shall mean any individual going door-to-door or operating on public property who requests, either
directly or indirectly, any donation or contribution, including, but not limited to, any oral of written request or
material designed to hang or be affixed to a door or entry way, or any individual who attempts to sell any article,
service, publication, advertisement, subscription, membership or other thing.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-2. Permit; registration required.
Each and every solicitor, before entering into or upon a residential premises or on public property within the
city for the purpose of soliciting, shall register with the city manager or designee, obtain a permit, and furnish the
city manager or designee with the following:
(1) , weight, height, color- of hair and eyes and afly ethe
A valid solicitors permit from the Duval County
Clerk of Courts.;
�) Th nature eF purpose for ..hieh selieitations ,:11 he made and the et.. Of'the goods, .,.
,
(32) The name and address and copy of the business tax receipt of the employer or organization represented_
and,
(34) , thee
nature of the offense, when and where eenvieted and the penalty or- punishment assessed ; If the
service being offered is tree service related copy of verified tree service provider certificate.
(5) The City of Atlantic Beach permit will expire at the same time as the Duval County Clerk of Courts
permit.
(Cl A e ..ee set enge.�. pmen.. e e
f fits telhthh:e f of poliee e« his designee; a«a
��77
(6) -ush..« ..tie., for aer-iminal L...ekgFeundinvestigation.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16)
Sec. 18-3. Fees.
A fee of thirty-five dollars ($35.00) to cover the cost of investigation of the applicant and processing of the
application shall be paid to the city manager or designee when the application is filed and shall not be returnable
under any circumstances. In addition to the aforementioned fee, each solicitor shall be required to pay for a
solicitor's permit as provided in section 20-59 of the City Code.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16)
Sec. 18-4. Regulations and prohibitions.
(a) While engaged in soliciting in or upon residential premises, each solicitor shall carry and prominently display
the permit issued by the city manager or designee which shall contain the name, address and telephone number
of the solicitor, as well as the name of the person or organization for whose benefit or on whose behalf the
solicitor is acting.
(b) No solicitor shall in any way unlawfully obstruct, delay or interfere with the free movements of any person
against that person's will or seek to coerce or physically disturb any other person.
(c) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular traffic within the city.
(d) No solicitor shall solicit door-to-door at any residence between the hours of sunset and 9:00 a.m.
(e) No solicitor shall solicit, except under the conditions permitted, if permit required, by section 18-2.
(f) It shall be unlawful to solicit at, nor enter upon, any premises within the city where a "No Solicitation" sign is
posted in accordance with the provisions of this subchapter, unless otherwise invited onto the premises for that
purpose.
(g) It is unlawful for any person in connection with the planning, conduct or execution of any solicitation to:
(1) Make misrepresentations or misleading statements to the effect that any other person or organization
sponsors or endorses such solicitation, approves of its purpose, or is connected therewith, when that
person or organization has not given written consent to the use of its name.
(2) Represent that the contribution is for or on behalf of an organization or sponsor or to use any emblem,
device or printed matter belonging to or associated with an organization or sponsor, without first being
authorized in writing to do so by the organization or sponsor.
(3) Use a name, symbol, emblem, device, service mark or statement so closely related or similar to that used
by another organization or sponsor that the use thereof would mislead the public.
(4) Falsely state that the person is a member of or a representative of an organization or sponsor, or falsely
state or represent that the person is a member of or represents a law enforcement or emergency service
organization.
(5) Misrepresent or mislead anyone by any manner, means, practice or device whatsoever to believe that the
person or organization on whose behalf the solicitation or sale is being conducted is a charitable
organization or sponsor, or that any of the proceeds of the solicitation or sale will be used for charitable
or sponsor purposes, if that is not the fact.
(6) Represent that a charitable organization or sponsor will receive a fixed or estimated percentage of the
gross revenue from a solicitation campaign greater than that identified in any filings required under
Chapter 496, Florida Statutes, or that a charitable organization or sponsor will receive an actual or
estimated dollar amount or percentage per unit of goods or services purchased or used in the charitable
or sponsor sales promotion that is greater than that agreed to by the commercial coventurer and the
charitable organization or sponsor.
(7) Use or exploit the fact of registration or the filing of any report with any governmental agency so as to
lead any person to believe that such registration in any manner constitutes an endorsement or approval
by the state.
(8) Make misrepresentations or misleading statements to the effect that a contribution or the display of any
sticker, emblem or insignia offered to contributors will entitle such other person to any special treatment
by emergency service employees or law enforcement officers in the performance of their official duties.
(9) Solicit contributions from another person or organization while wearing the uniform of an emergency
service employee or law enforcement officer, or while on duty as an emergency service employee or law
enforcement officer, except where the solicitation is for an organization exempt from federal income tax
under s.501 (c)(3) of the Internal Revenue Code or except when soliciting contributions to benefit an
emergency service employee or law enforcement officer who has been injured in the line of duty or to
benefit the family or dependents of an emergency service employee or law enforcement officer who has
been killed in the line of duty.
(10) Solicit contributions on behalf of another person or organization using any statement that the failure to
make a contribution shall result in a reduced level of law enforcement services being provided to the
public or the person solicited.
(11) Employ in any solicitation any device, scheme or artifice to defraud or to obtain a contribution by means
of any deception, false pretense, misrepresentation or false promise.
(12) Notify any other person by any means, as part of an advertising scheme or plan, that the other person has
won a prize, received an award or has been selected or is eligible to receive anything of value if the other
person is required to purchase goods or services, pay any money to participate in or submit to a
promotion effort.
(13) Fail to provide complete and timely payment of the proceeds from a solicitation campaign to a charitable
organization or sponsor organization.
(14) Fail to apply contributions in a manner substantially consistent with the solicitation.
(15) Fail to identify his professional relationship to the person for whom the solicitation is being made.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16)
Sec. 18-5. Posting of "No Solicitation" sign.
Any person in possession or in charge of any premises within the city who desires to remain undisturbed by
the visit of uninvited solicitors may post or place in a conspicuous place near or at the entrance of the premises a
sign containing the words "No Solicitation" or a substantially similar message in letters easily read by a person
approaching the premises.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-6. Inspection of books and records.
Upon request of the city manager or designee, the holder of a permit shall make available for inspection, by
any agent of the city, all books, records and papers pertaining to the registered solicitation at any reasonable time
while the permit is in effect or after it has expired.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16)
Sec. 18-7. Revocation.
The city manager or designee shall revoke any permit issued under this article if he or she finds that the
permittee has given false information or has knowingly withheld information in obtaining same or upon violation of
any portion of this chapter.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16)
Sec. 18-8. Exceptions.
The provisions of subsections 18-2(^),'�, (5;; and (6)—,and section 18-3 shall not apply or require a permit for -to:
(1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant
thereof;
(2) Unpaid members of any civic or charitable organization who are registered as such with the city
manager or designee and the names of the solicitors have been listed as such members and the
organization has provided each person listed with an approved means of identification with the
organization represented;
(3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city;
(4) Route deliverymen who make deliveries to regular customers and whose solicitation is only incidental to
their regular deliveries;
(5) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance
commissioner of the state; and
(6) Any charitable, religious, fraternal, youth, civic, service or other organization when the organization
makes occasional sales or engages in fundraising projects when the projects are performed exclusively
by the members thereof and when the proceeds derived from the activities are used exclusively in the
charitable, religious, fraternal, youth, civic and service activities of the organization.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94; Ord. No. 45-16-22, § 1, 5-23-16)
Sec. 18-9. Penalties.
both.not emeeeding five handFed dellaFs ($500.00) eF by imprisefffnent fie! emeeeding ainety (90) days, or-
Any person who violates this code is punishable as provided in Section 1-11 of the Code of Ordinances.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)