Ordinance No. 95-93-58 v ORDINANCE NO. 95-93-58
AN ORDINANCE AMENDING CHAPTER 18 OF THE
ATLANTIC BEACH CODE ADOPTING VARIOUS RULES AND
REGULATIONS RELATED TO CHARITABLE SOLICITA-
TIONS, REQUIRING A PERMIT THEREFOR, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 18 of the Atlantic Beach Code applies to
solicitors as defined therein and prohibits certain acts upon
residential premises in the City, and
WHEREAS, the City Commission desires to adopt various rules
and regulations with regard to all charitable solicitations within
the corporate limits of the City, whether on residential or other
property, and
WHEREAS, the City Commission desires to require anyone engaged
in charitable solicitations to obtain a permit, unless excepted
from said requirement herein, and to establish a method of appeal
from the denial or revocation of any such permit issued by the
City.
NOW THEREFORE, be it ordained by the City Commission of the
City of Atlantic Beach, Florida:
SECTION 1. Chapter 18 of the Code of Ordinances of the City
of Atlantic Beach, Florida, is hereby amended to read as follows:
"Chapter 18
CHARITABLE SOLICITATIONS •
Sec. 18-1. Definitions.
(1) Charitable: Of or relating to any benevolent, civic,
educational, fraternal, philanthropic, religious, humane,
patriotic, voluntary health or other eleemosynary activity or
cause.
(2) Donation: 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.
(3) Person: Any individual, firm, partnership, corporation,
company, association, society, organization, trust, group or
league.
(4) Solicitation: The request, either directly or indirectly,
of any donation or contribution for charitable purposes, including,
but not limited to, any oral or written request; the sale, offer to
sell or attempt to sell any article, service, publication, adver-
tisement, subscription, membership or other thing for charitable
purposes; or, the making of any announcement to or 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.
Sec. 18-2 . Permit; Registration and Fingerprinting Required.
All persons, before entering into or upon a residential
premises within the City for the purpose of soliciting, shall
register with the City Clerk and obtain a permit, and furnish the
City Clerk with the following:
(1) The name, local and permanent addresses, age, race,
weight, height, color of hair and eyes and any other distinguishing
physical characteristics of the applicant;
(2) The nature or purpose for which solicitations will be
made and the nature of the goods, wares and merchandise offered for
sale;
(3) The name and address of the employer or organization
represented;
(4) A statement as to whether the applicant has been
convicted of any felony or misdemeanor and, if so, the nature of
the offense, when and where convicted and the penalty or punishment
assessed therefor; and
(5) A complete set of fingerprints taken by the chief of
police.
Sec. 18-3. Fees.
A fee of Fifteen Dollars ($15. 00) to cover the cost of invest-
igation of the applicant and processing of the application shall be
paid to the City Clerk when the application is filed and shall not
be returnable under any circumstances.
Sec. 18-4. Regulations and Prohibitions.
(1) While engaged in soliciting, in or upon residential
premises, each solicitor must carry and display the permit issued
by the City Clerk 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.
(2) 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.
(3) No solicitor shall in any way unlawfully obstruct, delay
or interfere with vehicular traffic within the City.
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(4) No solicitor shall solicit door-to-door at any residence
between the hours of sunset and 9 : 00 a.m.
(5) Solicitors shall solicit only under the conditions
permitted.
(6) Solicitors shall not 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.
(7) It is unlawful for any person in connection with the
planning, conduct or execution of any solicitation to:
(a) 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.
(b) Represent that the contribution is for or on behalf
of a charitable organization or sponsor or to use any emblem,
device or printed matter belonging to or associated with a
charitable organization or sponsor, without first being
authorized in writing to do so by the charitable organization
or sponsor.
(c) Use a name, symbol, emblem, device, service mark or
statement so closely related or similar to that used by
another charitable organization or sponsor that the use
thereof would mislead the public.
(d) Falsely state that the person is a member of or a
representative of a charitable organization or sponsor, or
falsely state or represent that the person is a member of or
represents a law enforcement or emergency service
organization.
(e) 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.
(f) 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.
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(g) 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.
(h) Make misrepresentations or misleading statements to
the effect that the donation of 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.
(i) 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.
(j) 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 enforce-
ment services being provided to the public or the person
solicited.
(k) 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.
(1) 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.
(m) Fail to provide complete and timely payment to a
charitable organization or sponsor of the proceeds from a
solicitation campaign or a charitable or sponsor sales
promotion.
(n) Fail to apply contributions in a manner
substantially consistent with the solicitation.
(o) Fail to identify his professional relationship to
the person for whom the solicitation is being made.
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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.
Sec. 18-6. Inspection of Books and Records.
Upon request of the City Clerk, 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.
Sec. 18-7. Revocation.
The City Clerk or his or her designated agent shall revoke any
permit issued under this article if 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.
Sec. 18-8. Exceptions.
The provisions of Section 18-2 (4) and (5) and Section 18-3
V shall not apply 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 Clerk 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 identifi-
cation with the organization represented;
(3) Newsboys soliciting subscriptions to any newspaper for
home delivery within the City;
(4) Route deliverymen who make deliveries at least once a
week 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
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the charitable, religious, fraternal, youth, civic and service
activities of the organization.
Sec. 18-9. Penalties.
Any person violating any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$500. 00 or by imprisonment not exceeding ninety (90) days, or
both. "
SECTION 2: The provisions adopted herein shall prevail over
any existing sections of the Atlantic Beach Code to the extent said
existing sections are contrary or inconsistent herewith.
SECTION 3: This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this 14th
day of June , 1993 .
PASSED by the City Commission on second and final reading
this 28th day of June , 1993 .
ATTEST: I /
MAURE N KING, City lerl WILLIAM I. GULLIFORt ,JR.
Mayor, Presiding Of - ?-r
Approved as to form and correctness:
-_i
C. SEN, ESQUIRE 4
/LAN
ity A, •rney
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