§ 17-1. Legislative findings.

(a)

The city commission recognizes a constitutional right to beg, panhandle, solicit or offer for sale items in a peaceful and non-threatening manner. However, The city commission further finds that the activity of begging, panhandling, soliciting, or selling items significant public health, welfare, safety concerns and crowd control problems when such activities are conducted on or near public streets which are in use by vehicular traffic because these activities involve the process of a person requesting a donation or responding to solicitation from an occupant or operator of a vehicle which is in traffic, that vehicle occupant or operator must consider the request or solicitation, and, if the vehicle occupant or operator decides to fulfill the request, that person must reach for a wallet, search for money, or write a check, all while that person and vehicle are located on a public street in use by vehicular traffic. Based on the foregoing, the city commission finds that the activity of begging, panhandling, soliciting or selling from or to occupants or operators of vehicles located on streets in use by vehicular traffic distracts drivers from their primary duty to watch traffic and potential hazards in the road, observe all traffic signals or warnings and move through the city's streets and intersections in a lawful and safe manner and creates a potential safety hazard and poses a substantial risk to the public, particularly pedestrians, and impedes the free flow of traffic on the streets within the city resulting in the delay and obstruction of the public's free flow of travel on the city's streets. The city commission further finds that the safety of beggars, panhandlers, solicitors, individuals selling items, pedestrians and operators and occupants of vehicles is at significant risk when such activities occur because the nature of these activities often entails beggars, panhandlers, solicitors, or individuals selling items by standing on traffic medians, bicycle paths and public streets and right of way in use by vehicular traffic, property only meant for the use and control of vehicular traffic and not begging, panhandling, soliciting or the sale of items.

(b)

It is not the purpose and intent of this article to prohibit begging, panhandling, soliciting or selling items in public areas when such activities will not interfere with vehicular traffic and cause traffic safety and traffic flow concerns or when such activities will not otherwise cause any public health, welfare and safety concerns.

(c)

This law is timely and appropriate because current city ordinances are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. Moreover, this article only restricts begging, panhandling, soliciting and the sale of items in certain public places while preserving ample alternative areas for the valid exercise of First Amendment constitutional rights. Furthermore, in enacting this ordinance, the city commission recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this article.

(d)

The law is not intended to limit any persons from exercising their constitutional right to beg, panhandle or solicit funds, picket, protest or engage in other constitutionally protected activity or any lawful activity permitted pursuant to the Florida Statutes. Its goal is instead to provide for pedestrian safety and protect citizens from the fear and intimidation accompanying certain kinds of begging, panhandling or solicitation that have become an unwelcome and overwhelming presence in the city, and to prohibit aggressive begging, panhandling and solicitation in certain public places based upon significant governmental interests.

(Code 1960, §§ 16-9, 16-10; Ord. No. O-74-23, § 1, 11-6-74; Ord. No. O-2013-010, §§ 2, 3, 6-19-13)