HomeMy WebLinkAbout1306-16 PANHANDLING ..., •F ,� ` l III VIII VIII VIII VIII VIII VIII VIII VIIIIIII IIII
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2016148242
ORDINANCE NO 1306-16
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA,
CREATING `SECTION 130.75 PROHIBITING USE OF DESIGNATED
ROADWAYS FOR ROAD SOLICITATION (INCLUDING SOLICITING
OR ATTEMPTING TO SOLICIT EMPLOYMENT, BUSINESS,
CONTRIBUTIONS, DONATIONS, OR SALES OR EXCHANGES, OR
ANY KIND, FROM THE DRIVER OR AN OCCUPANT OF A MOTOR ,
VEHICLE, OR DISTRIBUTING OR ATTEMPTING TO DISTRIBUTE N
ANY PRODUCT OR MATERIAL TO THE-DRIVER OR AN OCCUPANT
OF A MOTOR VEHICLE) WHEN DESIGNATED ROADS ARE OPEN TO
VEHICULAR TRAFFIC; DESCRIBING PURPOSE -OF REGULA-T-IONS;
DEFINING • DESIGNATED ROADWAYS AND ROADWAY I m
SOLICITATION; PROVIDING FOR APPLICATION ON STATE AND
COUNTY MAINTAINED COLLECTOR, ARTERIAL ROADWAYS U ' 0 cn
WITHIN THE CITY OF ZEPHYRHILLS; PROHIBITING
COMMERCIAL USE OF PUBLIC RIGHT-OF-WAY; PROVIDING
PENALTIES AND REMEDIES FOR. VIOLATION; PROVIDING FOR
APPLICABILITY, REPEALER, SEVERABILITY, INCLUDING INTO
THE CODE AND-AN EFFECTIVE DATE.
WHEREAS, -the:City Council of the City of Zephyrhills has identified a public safety
hazard with persons attempting to solicit or distribute products, materials, objects or goods wit
occupants of motor vehicles located in public collector and arterial roads in Zephyrhills; and
WHEREAS,the Metropolitan Planning Organization has determined that many collector
and arterial roads in Zephyrhills are congested and heavily traveled; and
WHEREAS, the City Council recognizes that the presence of pedestrians upon a publi
collector and arterial roadway within Zephyrhills presents concerns for their safety and the safety j
and convenience of motorists and that those concerns are heightened when people solicit oL D
distribute or attempt to solicit or distribute products, materials, objects or goods with occupant. oo
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of motor vehicles located in public collector and arterial roads in Zephyrhills; and m
WHEREAS, it is dangerous for persons to stop or stand upon medians in the collector
and arterial roadways, except for limited purposes; and
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WHEREAS, examples of such dangers are driver distraction and the risk of a perso . i C)F•m
causing or becoming a victim in an accident, and
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WHEREAS, distracted drivers are more prone to accidents;;and .�
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WHEREAS, accidents at collector and arterial intersections constitute a substanti
traffic safety problem in:Zephyrhills and
WHEREAS, data from 2013 and 2014 regarding crashes, injuries, and fatalitie
involving pedestrian or bicyclists on certain collector and arterial roads demonstrate the dangers
and
WHEREAS,persons standing or stopping upon medians may also hinder the free flow o
traffic; and
WHEREAS, the primary intended purpose of the city road system is the safe and
efficient conveyance of vehicular traffic; and
WHEREAS, an obstruction or delay in traffic at one point along a traffic artery results i
delays and backups at additional points along the roadway; and
WHEREAS, traffic delays and accidents on roads within the-City of Zephyrhills affec
the normal and"safe movement of traffic on city collector and arterial roads; and,
Record and Return to: 1
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 9429 PG 3903
2 o,f 6
WHEREAS, the City Council hereby finds and determines that.the combination;of.the
high volume of motorized vehicles and congested collector and arterial roads in Zephyr-hills and
persons engaging in distribution or solicitation products, materials, objects or goods with
occupants. of motor vehicles is a, practice which is unsafe for traffic flow and. occupants of
motorized vehicles and pedestrians located on public collector an arterial roads and for persons
engaging in the distribution and solicitation; and
WHEREAS, persons engaging in distribution or solicitation products, materials, objects
or goods with occupants of motor vehicles on collector and arterial roadways have caused
significant traffic and safety hazards in Zephyrhills, including delaying traffic after the lights
have changed, darting between and around cars, front and back, and from lane to lane, standing
and/or stacking materials in the clear-zone, imparting drivers' views of oncoming traffic and/or
pedestrians crossing the road, and remaining in the street after the light has turned green; and
WHEREAS, commercial activity on collector and arterial roadways is inconsistent with
Zephyrhills' zoning regulations; and
WHEREAS, currently Zephyrhills' ordinances prohibit.commercial use of public rights-
of-way; and
WHEREAS, the Zephyrhills City ,Council recognizes;-that such .actions .pose..an
unacceptable safety threat regardless of when they occur; and.
WHEREAS, temporary sales of goods and other commercial use of the collector and
arterial roadways provide unfair competition for commercial business with fixed locations for
which the businesses pay taxes and impact fees; and
WHEREAS, while streets are traditionally considered a public forum, this has not been
the case when the streets are open to vehicular traffic; to the event a street open to vehicular
traffic is a public forum, it is distinguishable from other public forums such as parks or
sidewalks, because use of the street for expressive activity implicates other important
governmental interests; and
WHEREAS, the City Council intends to narrowly-tailor its regulations concerning
expressive actuates by allowing unrestricted passive communications with motorists and
imposing the minimum restrictions that are necessary to serve the public safety and ensure
orderly traffic flow on a collector or arterial roadway when a person is engaged in expressive
activities which involve a physical exchange of objects with motorists or occupants of a vehicle
on a collector or aerial roadway; and
WHEREAS, a complete ban'of road distribution or solicitation activities on collector and
arterial roadways is necessary and.appropriate as well, because the.portions portions of-public.property
adjacent to collector and arterial roadways, the sidewalks, and other traditional and designated
public forums within -the City are adequate alternative public .space-_for -the -expression and
exchange of thoughts and ideas; and
WHEREAS, the City of Zephyrhills has significant government interests in vehicular
and pedestrian safety and the free flow of traffic; and
WHEREAS, courts have recognized a distinction between the purely communicative
aspect of oral advocacy and distribution or solicitation of products, materials, objects or goods
with occupants of motor vehicles, which can prove more disruptive of order and crowd flow,
because distribution and solicitation require stopping individuals momentarily or for longer
periods; and
WHEREAS, unlike oral advocacy of ideas, successful distribution or solicitation
demands a personal response from a driver which takes their attention away from the full
responsibilities of operating a motor vehicle; and
WHEREAS, direct exchange of physical objects between occupants of motor vechiles
and persons on the road distracts them from their primary duty to watch the traffic and potential
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OR BI( 9429 PG
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hazards in the road, observe all traffic control'signals or warnings, and prepare to move through
the intersection; and
WHEREAS,'courts have recognized the substantial risk of disruption in crowd or traffic
control that may be presented by solicitation of contributions, as compared to other forms o
expression; and
WHEREAS, courts have found that communicative activities are entitled to less
protection under the First Amendment when directed toward a"captive audience," and
WHEREAS, this section applies even handedly to all persons that desire to engage in
roadway solicitation,regardless of their message; and
WHEREAS, there are ample alternative avenues for communication of ideas and
solicitation, including approaching and engaging in hand billing to persons on private property
with the owner/occupant's permission, canvassing door-to-door, telephone campaigns, direct
mail,passive communication with motorists, internet communication, solicitation of motorists on
local roads and private roads with the owner's permission, etc.; and
WHEREAS, the prohibitions set forth in this ordinance are the least restrictive means
necessary to present-the aforementioned problems and promote and protect the public health,
safety, and welfare of the citizens of Zephyrhills; and
•WHEREAS, Chapter 496, Florida Statutes imposes obligations and duties-on solicitors,
including charitable solicitation, but does not preempt the City from adopting more stringent
provisions; and
WHEREAS, in 2007, the Florida Legislature passed the Iris Roberts Act (Chapter 2007-
43, Laws of Florida) amending Section 316.2045(3), Florida Statutes, which was intended to
exempt certain nonprofit organizations from local permit requirements for the use of non-state-
maintained-roads. Although the Act exempts only certain nonprofits, the Florida Attorney
-,.General-has opined that the act does not preclude local governments from banning such activities_
altogether; and
WHEREAS, the City Council has determined it is in the best interest of its citizens to
restrict the use of public collector and arterial roadways for activities other than driving; and
WHEREAS, it is the intent of these regulations to protect the health, safety and general
welfare of the citizens of Zephyrhills; to assure the free, orderly, undisrupted movement of
motorized vehicles on collector and arterial roads in Zephyrhills; promote traffic safety; and
provide for safety in the interest of the occupants of motorized vehicles, pedestrians,and those
participating in distribution or solicitation on collector and arterial roads in Zephyrhills; and
WHEREAS,.the Council recognizes the cumulate-impact of persons participating in:the,;
distribution or solicitation products, materials, objects or goods with motorists in the roadway,
and desires to prohibit such acts to the extent that these acts are not protected by the First
Amendment, and finds that a ban on arterial and collector roads is a reasonable time, place, and
manner restriction on those activities which are protected by the First Amendment; and
WHEREAS, Section 166.021, Florida Statutes, authorizes the Council to perform acts
that are in the common interest of the people of Zephyrhills, and to exercise all powers and
privileges not specifically prohibited by law; and
WHEREAS, the City Council finds that persons distributing materials or goods to
occupants of motored vehicles in collector and arterial roads, or soliciting business, personal or
charitable contributions from the occupants of motorized vehicles in such roads is hazardous to
public safety and impedes the normal, orderly and safe flow of traffic; and
WHEREAS, the Florida Legislature has determined that the failure to prohibit certain
activities from being conducted on the right-of-way of state transportation facilities - such as the'
free; distribution or sale-of any merchandise, goods, property or, services; the display or
solicitation for free distribution or sale of any merchandise, goods, property or services; or
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OR BK 9429 PG 3915
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solicitation, for charitable purposes .- endangers, the health, safety and. general welfare of the
public by causing distractions to. motorists, unsafe pedestrian movement,within. trayel.-lanes,
sudden .stoppage.or slowdown of traffic, rapid .lane .changing.: and other dangerous traffic
movement, increased vehicular accidents, and motorists injuries and fatalities; and
WHEREAS, Zephyrhills seeks to provide for the safety of its citizens by prohibiting
transactions involving occupants of motorized vehicles on public arterial and collector roads
within Zephyrhills; and
WHEREAS, the City Council finds that passage of this Ordinance will further the
interest of the health, safety, and general welfare of the public; and
WHEREAS, failure to restrict the use of public roads in this manner will endanger the
health, safety, and general welfare of the public by permitting unsafe pedestrian movement
within travel lanes, sudden traffic stopping or slowdown, rapid lane changing, turns and other
dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills,Florida,.as follows:
Section L-, Authority.:.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
rule.powers.of the City...
Section 2. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City
Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and
are hereby made a specific part of this Ordinance upon adoption hereof.
Section 3. . . . I
Sec. 130.75 Roadway Solicitation and Commercial Use of Public Rights-of-Way Prohibited.
(a) Roadway Solicitation.
(1) Intent and Purpose. The purpose of this section is to regulate solicitation and
distribution on designated roadways in a manner that is narrowly tailored to serve the City of
Zephyrhills' significant interests in vehicular and pedestrian safety and the free flow of traffic.
This section applies even handedly to all persons that desire to engage in roadway solicitation,
regardless of their message, and leaves open ample alternative channels of communication to
solicit,and distribute products,materials and money. This section does not authorize commercial
use.of any public:right-of way,.or,authorize activities prohibited,by:the zoning regulations.or any
other law or regulation
(2) Definitions. The following words,terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Designated roadways means arterial and collector roadways and rights-of-ways. For
purposes of this definition, collector and arterial roadways or rights-of-ways shall be those
roadways classified as-collector, arterial,roadways classified..as.a-collector,-or. arterial roadway
on Zephyrhills Comprehensive Plan. The portions of these designated roadways subject to this
section include the portions within the area open for vehicular traffic (including medians), rights-
of-way adjacent to designated roadways, plus four feet outside of the shoulders and/or curbs.
Legally parked means a vehicle that is standing, stopped or parked in an area designated
or legally authorized for parking.
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OR BK 9429 PG 3906
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(3) Prohibitions. It shall be unlawful to solicit or attempt to solicit, employment
business 'contributions;donations,'s'ales or exchanges; of any kind,from-the driver or an'occupan1
of a motor vehicle, or to distribute or attempt to distribute any product of material to the driver o
an occupant of a motor vehicle, when:
(a) The motor vehicle is located on the traveled portion of a designated roadway an
is not legally parked; and
(b) Such solicitation or distribution, or attempted solicitation or distribution,-results in,
or is intended to result in, a transfer of money or any other thing of value, or a transfer of any othe
-product or_material,_between the person engaging in the solicitation or distribution, or attemptel_
solicitation or distribution, and the driver or an occupant of the motor vehicle:.-
(4) Exemptions. The prohibitions contained in this section shall not apply to:
(a) Vehicles traveling on a roadway not open for travel by the general public;
(b) Activities such as sign holding;picketing;or in-person advertising such as dancing
sign spinning, and costumed appearances on the public rights-of-way. Such activities are nolt
prohibited by this section because they do not result in, and are not intended to result in,
transaction by a pedestrian with the driver or an occupant of a motor vehicle on the traveled pdrtio
of a designated roadway.
(5) Commercial Use of Public Rights-of-Way. No person may use any public right
of-way for commercial activity. Commercial activity prohibited by the section includes,but is not
limited to, vending or sales of goods, display of goods for sale, storage of goods for sale or-ii�
connect with commercial activity, or repair or manufacturing of goods. $ignage is not
"commercial activity" regulated by this chapter. =
(6) Penalties. Any person who is found to be in violation of any provision of thi
section shall immediately cease the activity in violation and may be issued a citation punishably
by a fine not to exceed $500.00. Each action in violation of the provision of this chapter shall _
constitute a separate offense. Issuance of a citation does not preclude an action for injunction,
issuance of a trespass warning where authorized, or any other legal remedy available to the City
of Zephyrhills.
Section 4. Repealer
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflic .
Section 5. Severability.
It is declared to be the intent of the City Council'of the City of Zephyrhills, Florida,.that '
any section, subsection, sentence,..clause,. or;provision of this ordinance 'is.'held:invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection;
sentence, clause, or provision and shall not be affected by such holding. It is further the intent of
the Council that if this ordinance is held invalid with respect to.a specific use of land and/or a
specific property, the ordinance shall remain in effect as to other uses and/or where legally
appropriate, it is further the intent of the Council that if it is determined that the provisions of thi
ordinance which apply on state roads are held invalid on state roads by reason of preemption or
conflict with state law,that the provision shall remain in effect on City roads.
It is further the intent of the Council that--if-it is determined-that the provisions of thi
ordinance are invalid as applied to a particular road, type of road, or geographical location, th
ordinance shall be treated as not applying to such location(s) and shall otherwise remain in effect.
Section 6. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become an'
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
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OR BK 9429 6G -03907
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renumbered or reilettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 7. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the.MV yor.
Ordinance No. 1306-16 was read and passed on the first reading in an open
�f` itlad regular mAg of the City Council of the City of Zephyrhills, Florida; on this 22°d day of
` 52lugust,' a:;\% I
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.OAttesi:3� eJ £ (iZL
Lori i H=lbhan City Clerk W. Alan Kmghtj Council Vice President
,,T14Ppforegpi�ag' dinance No. 1306-16 was read and passe on the second reading, following a
publi 4iai in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida on this 12th day of September, 2016.
Attes\
e 14 '� Hillman, City Clerk Kenneth V. Compton, Council President
The for O1inance No. 1306-16 was approved b me this 12th day of September, 2016.
Ge e Whitfield, or
Approved as to legal form and legal content
- / _ -yi < - - -
Matthew E. Maggard,) tricn City Attorney
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