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Ell
ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida amending the South Miami Code of Ordinances Chapter 15, Article III by
creating a new Section 15 -101 entitled "Prohibition of right -of -way vendors,
peddlers and solicitors on certain roads "; and Section 15 -102 "Aggressive or
obstructive panhandling prohibited'; limiting right -of -way vendors and solicitors
on certain City roadways and intersections; prohibiting aggressive panhandling
citywide; providing for severability; providing for ordinances in conflict; and
providing for an effective date.
WHEREAS, the Mayor and City Commission of the City of South Miami desire to adopt
an ordinance prohibiting right -of -way vendors and solicitors on certain streets located in the City
because such vendors, peddlers and solicitors pose a danger to themselves and the public at large
by interfering with the safe movement of normal vehicular traffic; and
WHEREAS, based upon statistics collected by the Surface Transportation Policy Project,
on average, 565 pedestrians are killed every year in Florida (of which 99 are in Miami -Dade
County), and the Miami -Fort Lauderdale area is one of the most dangerous areas in the United
States for pedestrians; and
WHEREAS, numerous types of right -of -way vendors, peddlers and solicitors operate or
may seek to operate within the City of South Miami, 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 to distribute
information; and
WHEREAS, right -of -way vendors and solicitors 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
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I WHEREAS, roads are primarily designed for vehicular traffic and are not suited to safely
2 accommodate right -of -way vendors and solicitors; and
3 WHEREAS, over the past ten years, at least ten right-of-way vendors have been killed by
4 motor vehicles in the South Florida area, and many more have been seriously injured (including a
5 Sun Sentinel newspaper vendor who was struck by a car while carrying papers on U.S. 1 and
6 Broward Boulevard in Fort Lauderdale on July 30, 2000); and
7 WHEREAS, the presence of right -of -way vendors and solicitors interferes with the safe
8 movement of normal vehicular traffic; and
9 WHEREAS, the road network in the City is substantially burdened by a high volume of
10 traffic; and
11 WHEREAS, it is the intention of the Mayor and City Commission to use the least
12 restrictive means to advance the significant governmental interests of traffic safety and public
13 safety and, consequently, the City staff has analyzed each of the major roads within the City and
14 has determined that the roads listed in subsection (c) below, pose the greatest threat to traffic and
15 public safety in reference to activities and use by right -of -way vendors and solicitors, and
16 therefore the City Commission has deterniined that the prohibition on right -of -way vendors and
17 solicitors shall be limited to those listed roads; and
18 WHEREAS, it is the finding of the City Commission that many other alternative
19 channels of communication (other than right -of -way vending and solicitation) exist for persons
20 who seek to exercise their First Amendment freedoms, such as, but by no means limited to,
21 solicitation of funds or distribution of literature through the mail or at alternate locations (such as
22 houses of worship, shopping areas and special events); the sale and /or distribution of newspapers
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through home delivery, vending machines and retail stores; and the sale of items of all kinds at
retail stores, through the internet and from vending machines; and
WHEREAS, the Mayor and City Commission desire to protect the residents, citizens and
visitors of the City of South Miami from aggressive, obstructive and /or intimidating panhandling
throughout the entire City; and
WHEREAS, the Mayor and City Conunission desire to preserve and protect the personal
safety and quality of life of its residents and of those who use City streets, both pedestrians and
motorists alike; and
WHEREAS, the Mayor and City Commission have reviewed the proposed regulations
provided by this section and finds that such regulations accomplish the purposes intended while
utilizing the least restrictive method possible; and
WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, find
that it is in the best interests of the residents of the City to adopt this ordinance.
NOW, THEREFORE BE IT ORDAINED by the City Commission of the City of South
Miami, Florida.
Section 1. The foregoing recitals are true and correct.
Section 2. Chapter 15, "Offenses and Miscellaneous Provisions" of the Code of
Ordinances of the City of South Miami, Florida, is hereby amended by the addition of Section 15-
101, as follows:
CHAPTER 15 Offenses & Miscellaneous Provisions
Section 15 -101 Prohibition of right -of -way vendors, peddlers and solicitors on certain
roads.
a. Findings, purpose, intent.
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1.
The Mayor and City Commission of the City of South Miami
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desire to adopt an ordinance prohibiting right -of- -way vendors,
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peddlers and solicitors on certain streets located in the City because
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such vendors peddlers and solicitors pose a danger to themselves
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and the public at large by interfering with the safe movement of
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normal vehicular traffic;
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2.
Based upon statistics collected by the Surface Transportation
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Policy Project on average 565 pedestrians are killed every year
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Florida (of which 99 are in Miami -Dade Count), and the Miami -
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Fort Lauderdale area is one of the most dangerous areas in the
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United States for pedestrians;
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3.
Numerous types of right -of -way vendors, peddlers and solicitors
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operate or may seek to operate within the City of South Miami,
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including, but not limited to, children, adolescents and adults who
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seek to collect money for school and community activities; vendors
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who sell flowers newspapers and other products and people who
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seek donations or to distribute information;
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4.
Right -of -way vendors, peddlers and solicitors approach motorists
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and passengers in motor vehicles engaged in travel on roads, and
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are particularly susceptible and vulnerable to serious injury or
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death due to the speed and number of motorists who operate
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vehicles on busy roads within the City;
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5.
Roads are primarily designed for vehicular traffic and are not
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suited to safely accommodate right-of-way vendors, peddlers and
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solicitors;
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6.
Over the past ten years, at least ten right -of -way vendors, peddlers
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or solicitors have been killed by motor vehicles in the South
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Florida area, and many more have been seriously injured (including
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a Sun Sentinel newspaper vendor who was struck by a car while
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carrying papers on U.S. 1 and Broward Boulevard in Fort
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Lauderdale on July 30, 2000),
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7.
The presence of right -of -way vendors, peddlers and solicitors
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interferes with the safe movement of normal vehicular traffic;
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8.
The road network in the City is substantially burdened by a high
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volume of traffic;
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9.
It is the intention of the Mayor and City Commission to use the
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least restrictive means to advance the significant governmental
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interests of traffic safety and public safety and, consequently, the
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City staff has analyzed each of the major roads within the City and
has determined that the roads listed in subsection (c) below, pose
the greatest threat to traffic and public safety in reference to
activities and use by right -of -way vendors and solicitors, and
therefore the City_ Commission has determined that the prohibition
on right -of -way vendors peddlers and solicitors shall be limited to
those listed roads;
10. It is the finding of the City Commission that many other alternative
channels of communication (other than right -of -way vending,
peddling and solicitation) 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 delivery, vending machines and retail
stores; and the sale of items of all kinds at retail stores, through the
intemet and from vending machines;
11. The Mayor and City Commission desire to protect the residents,
citizens and visitors of the City of South Miami from aggressive,
obstructive and /or intimidating panhandling throughout the entire
City;
12 The Mayor and City Commission desire to preserve and protect the
personal safety and quality of life of its residents and of those who
use City streets, both pedestrians and motorists alike. and
13. The Mayor and City Commission have reviewed the proposed
regulations provided by this section and finds that such regulations
accomplish the purposes intended while utilizing the least
restrictive method possible; and
14. The Mayor and City Commission of the City of South Miami,
Florida find that it is in the best interests of the residents and
citizens of the City to adopt this section.
b Definitions. As used in this section the following terms(s) erms(s) have the
meaning set forth herein except as otherwise indicated by the context.
Peddler shall mean and include any person, whether a resident of the_Ci
or not traveling by foot wagon automotive vehicle or any other type of
conveyance from place to place carrying conveying or transporting
goods wares merchandise, meats, fish, vegetables, fruits, farm products
or provisions offering and exposing the same for sale or making sales and
delivering articles to purchasers. It shall also include one who solicits
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1 orders and as a separate transaction makes deliveries to purchasers.
2 Peddler shall not include any person acting on behalf of a charitable
3 organization as defined in Chapter 496, Florida Statutes.
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Right-of-way vendor, peddler or solicitor. 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 ersonally 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 roads designated in subsection (c) 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 pennitted 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.
Solicitation means 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
service publication advertisement subscription membership or other
thing for charitable purposes; or, the making of any announcement to or
through the press or other media concernir g an appeal drive or campaign
to which the ublic 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 he request receives any donation.
C. Prohibition.
1 It is a violation of this section for any person to act as a right -of-
following intersections (including_ the swales and medians abutting
such roads):
163`d Street and Biscayne Boulevard
163`d Street and West Dixie Highway
163`d Street and N.E. 19d' Avenue
167`h Street and N.E. 6 I Avenue
167`h Street and N.W. 2"' Avenue
2 No person shall act as a right -of -way vendor or solicitor in at or
upon any of the roads described in subsection (1) above, including
the swales and medians abutting such roads.
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Section 3. Chapter 15 Offenses and Miscellaneous Provisions of the Code of
Ordinances of the City of South Miami, Florida, is hereby amended by the addition of Section 15-
101, as follows:
CHAPTER 15 Offenses & Miscellaneous Provisions
Section 15 -101 Regulations for Peddlers and Solicitation
Section 15 -101.1 Intent
The City Commission declares that it is its intention to regulate door -to-
door solicitation in residential neighborhoods and within the public ri ts-
of -way within the City. The City Commission finds and determines that
generally commercial sales activities are prohibited within residentially
zoned districts. Business activities within residential districts have only
been allowed in the City on a very limited basis and subject to strict
regulations intended to preserve the residential use and character of
residential districts. The unregulated and uncontrolled business activity of
door -to -door commercial solicitation is incompatible with the intended use
of residential districts. The City Commission further finds and determines
that personal security in the home is a major concern. Burglaries, home
invasions and sexual assaults have become common occurrence in
residential areas. The City Commission further finds and determines that
deterring such crimes and providing for the security of residents in their
homes is a significant governmental interest. The City Commission
further finds and determines that commercial door -to -door solicitation is
residential districts should be subject to regulations.
Section 4. Chapter 15 Offenses and Miscellaneous Provisions of the Code of
Ordinances of the City of South Miami, Florida, is hereby amended by the addition of Section 15-
101, as follows:
CHAPTER 15 Offenses & Miscellaneous Provisions
Section 15 -102 Aggressive or obstructive panhandling prohibited.
(a) Definitions As used in this section the following words and terms shall
have the following meanings:
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1 Aggressively beg means to beg with the intent to intimidate
another person into giving money or goods.
2 Beg means to ask or solicit for money or goods as a charity,
whether by word bodily gestures, signs, or other means.
3 Intimidate means to engage in conduct which would make a
reasonable person fearful or feel compelled to react. Among the
circumstances which may be considered in determining whether
the conduct is intended to intimidate another person into giving
money or goods are:
(a) Touching the person solicited;
(b) Following the person solicited or persisting in begging after
the person solicited has declined the request;
(c ) Using profane or abusive language toward the person
solicited; or
Using violent or threatening gestures toward the person
solicited.
4. Obstruct vedestrian or vehicular traffic means to walk, stand, sit
lie or place an object in such a manner as to block passage by
another person or a vehicle or to require another person or a driver
of a vehicle to take unreasonable evasive action to avoid physical
contact.
S Panhandling means begging asking or soliciting in person for an
immediate donation of money or other thing of value for charity or
personal gain either by words bodily gestures signs or other
means indicating one is seeking an immediate donation or other
thing of value.
6 Public place means an area generally visible to public view and
includes alleges buildings, driveways, parkin lg ots. parks,
plazas sidewalks and streets open to the eg neral public including
those that serve food or drink or provide entertainment, and the
doorways and entrances to buildings or dwellings and the grounds
enclosing them.
em.
7 Unreasonable evasive action means causing a vehicle to depart
from the lane of traffic in which it is traveling to change lanes, to
straddle lanes or to enter onto a swale to obtain passage; it also
means causing a pedestrian to leave the sidewalk or to make
contact with a wall or fence bordering the sidewalk.
(b) Prohibited acts. It shall be unlawful for a person to intentionally_
1. Aggressively beg; or
2. Obstruct pedestrian or vehicular traffic while begging.
(c) Permitted activities Acts authorized as an exercise of one's constitutional
rights include picketing legal protest and acts authorized by a permit duly
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issued by a lawful authority which do not constitute obstruction of
pedestrian or vehicular traffic.
(d) Penalties. The first violation of this provision shall be punishable by
fine of not more than $100.00 and/or 30 days imprisonment; second and
subsequent violations shall be punishable by a fine of not more than
$200.00 and /or 60 days imprisonment,
e) Alternative vrozrams. Nothing herein shall limit the discretion of the
police court personnel, and judges from referring individuals suspected,
charged or convicted of a violation of this provision to treatment
Drop-rams or facilities as an alternative to prosecution or imprisonment,
provided that the individual freer consents. For homeless individuals,
such alternative programs shall include, but not be limited to, the Miami -
Dade County Homeless Assistance Project.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 6. If any section, subsection, clause or provision of this ordinance is held invalid
the remainder shall not be affected by such invalidity.
Section 7. It is the intention of the City Commission of the City of South Miami and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of South Miami, Florida. The Sections of this Ordinance may be
renumbered or relettered to accomplish this intention and the word "Ordinance" may be changed to
"Section ", "Article" or other appropriate word as the codifier may deem fit.
Section 8. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2010
ATTEST:
CITY CLERK
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APPROVED:
MAYOR
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1 st Reading:
2"d Reading:
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
WAMy Documents \resolutions \Ordinance oHenses.vendors.doc
Page 10 of 10
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
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