HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-026 Temp. Ord. #2463
July 8, 2021
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 'G H- O (c.
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
AMENDING CHAPTER 14 OF THE CITY'S CODE OF ORDINANCES
ENTITLED "MOTOR VEHICLES AND TRAFFIC" BY AMENDING
ARTICLE I,SECTION 14-3 ENTITLED"ACTIVITY RESTRICTED ON
STREETS"; PROHIBITING AGGRESSIVE BEGGING,
PANHANDLING AND SOLICITATION IN AND UPON ROADWAYS
AND RIGHTS-OF-WAY WITHIN THE CITY; PROVIDING FOR
DEFINITIONS; PROVIDING FOR FINDINGS AND INTENT;
PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac has a significant interest in
. protecting the health, safety and welfare of the pedestrians and drivers in the City, and ensuring
the free flow of traffic within the City; and
WHEREAS,the City Commission finds that a dangerous condition exists when person(s)
approach vehicles and vehicular travel lanes to solicit employment, business, or charitable
contributions from drivers traveling on major streets and roadways; and
WHEREAS, on July 8, 2015, the City Commission adopted Ordinance 0-2015-11,
amending Chapter 14, Article 1, Section 14-3 of the Code of Ordinances prohibiting solicitations
in and upon roadways and right-of-way within the City; and
WHEREAS, Ordinance 0-2015-11 only covered the intersections of Commercial
Boulevard, Nob Hill Road, McNab Road, Pine Island, and University Drive, or within 200 feet
thereof; and
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WHEREAS, City Staff and Broward Sherriff Office (BSO)find the current regulations of
begging,panhandling and solicitations in the City's roads and rights-of-way insufficient to address
aggressive begging, panhandling, solicitation or selling items in public areas when such activities
interfere with vehicular traffic and cause traffic safety and traffic flow concerns; and
WHEREAS,the City Commission of the City of Tamarac fords that this amendment 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 residents and visitors 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; and
WHEREAS, the City Commission deems it to be in the best interests of the residents and
visitors of the City to prohibit aggressive begging, panhandling and solicitation in and upon
roadways and rights-of-way within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1., That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Ordinance. All exhibits attached hereto
are expressly incorporated herein by reference and made a part hereof.
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are additions.
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Section 2. Chapter 14 Article I entitled "Motor Vehicles and Traffic", Section 14-3,
entitled "Activity Restricted on Streets" of the Code of Ordinances of the City of Tamarac, is
hereby amended as follows:
Sec. 14-3. - Right-of-way solicitation restricted on—^pin
streets.
(A) Definitions. For the purposes of this section, "beg,
iaue, by words,bedily--gestufes,,igns er-ethel<-ems, er--whe
is 1VY„ v „ested t`. ,he rntu a
of., . kin.7 „h;ch< ehi l v e.a r tra el on or
111V LVl riiuviv-cr�zm �ucrr�cnzczL�,re-ilgugca-irr-au�az vrr-or
within-ztny portie o f ., „f the streets roathvays r
whether-or not-such-whiele-iatemperarily-stepped-in-the-travel-lanes
of-thoread,-The-term-shall-net-apply-tow person-who-merely-holds
authoriy.
(B) Prohibition of beggar, panhandler, right of way
(1) Findings; purpose; intent.
restricting right of way beggars, panhandlers,
canvassers and selici.ters to certain streets and
roadways located in the City because such
beggars, panhandlers, canvassers and solicitors
danger tot en selves an the publie-at l.,rge
bj terferin„ , ,i +lee safe mvveinentc of normal
�. iccord g to-the Florida Department of
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Highway Safety and Motor Vehicles 2007 Florida
Traffic Crash Statistics Report, 530 pedestrians
were killed on Florida roadways in 2007; 65 of
those pedestrians were killed on roadways in
Broward County; and
0 Based upon statistics collected byte
Surface Transportation Policy Project, the Miami
Fort Lau
According to the Florida Department of
Highway Safety and Motor Vehicles in 2012
For 2011 Broward County had 29 pedestrian
fatalities ranking it fourth in the state, and 2010 saw
52 pedestrian fatalities in the county, placing
•
f Numerous types of beggars, panhandlers,
right-ef-w y u sers-and-so icitor-s--may se eta
operate within the City of Tamarac, including, but
seek to collect f r school ..a nity
activiti endors-whe-sell-#lewers wsPapers
(g) Right of way beggars, panhandlers,
canvassers and solicitors approach motorists and
,tor veh;cles a ge,l ., travel
roads, and are particularly susceptible and
vulnerable to serious injury, or death due to the
speed�L and number of motorists who operate
vehicles V••I'IT usyreads i nthin the City; anrl
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are additions.
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(h) D .l rily designed for veh;c„lar
traffic and arc not suited to safely accommodate
.ht o be .,>,andle era �vd selieitersand
ray „ ra,
(i) The presence of right of way beggars,
and
(j) The road network in the City is
turn movements that demand a driver's strict
(k) It is the intention of the City Commission to
use the least restrictive means to advance the
• and public safety and, consequently City staff
(C), below, present an increased and significant
right of way beggars, panhandlers, canvassers
and-selieiters-and-pose-the-greatest-threat-to-traffie
and public safety in reference to activities and use
ad-�ncitors; herefi +me C�ajs=o;i
has determined that such activities and use by
right of way vendors and solicitors shall be
prohibited t cads li ted- n subsection-(C}
and
(1) It is the fording of the City Commission that
many ether alternative channels of
communisation (ether than right of way
canvassing and solicitation on the prohibited
roadways) t f e i.ho eek to ever`;
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are additions.
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their First Amendment freedoms, such as, but by
no means limited te, solicitation of funds or
distribution of literature through the mail or at
alternate locations (such as houses of worship,
shopping a ra 000 a „ts); the sale anther
distribution f newspapers t rough home o fiee
delivery, ;Lending-machines retail- stores and
the sale of goods and services at retail stores,
through the internet and from vending machines;
and
(m) The City Commission desires to preserve
(n) The City Commission has reviewed-the
finds that such regulations accomplish the •
purposes intended while utilizing the least
restrictive means; and
(o) The City Commission finds that it is in the
best interests of the residents of the City to adopt
this section.
(1) It shall be unlawful for any person to act as a
right of way beggar, canvasser, panhandler or solicitor,
in Tamarac that joins a state road. at or within 200 feet from
the lateral curb or boundary line of any intersection
,
Road 7- (U T C 4 A 1) .,...a T Tniversit y Drive
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are additions.
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(2) Beggars, panhandlers er solicitors are prohibited
from begging ..handling , ol:citing for" a rator
or occupant of-a vehicle that is in traffic on a public street.
(3) No person shall stand en a traffic median, bicycle
path, public street, or right of way to beg, panhandle, solicit
or sale items when in use by vehicular traffic.
(D) Chapter 3-1-6, Florida Statutes. The enforcement of this
(E) Enforcement and Penalties.
(1) It stall bet a d„ty of any police„ cer„ft e City
to require any person seen- bed, panh di g
• (-2*--Any-person-who-violates-any-terms-or-provisions
procedures set forth in Ch. 1-62, F.S.,or before a court of
violation-before-the-judge-ef-the-sounty-sehall-be
subject t„ t e p alties r ribed by t e ,. my :udge
Each-day-of-violation-of-any-term-or-provision-of-this
(a) Legislative findings.
(1) 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
creates 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,
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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.
c2) It is not the purpose and intent of this section 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.
Q This law is timely and appropriate because current
city ordinances are insufficient to address these
problems. The restrictions contained herein are
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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 public
places while preserving ample alternative areas for
the valid exercise of First Amendment constitutional
rights. Furthermore, in enacting this regulation, the
city commission recognizes the availability of
community service and other sentencing alternatives,
which may be appropriate remedies for violations of
this article.
(4) This 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 residents and visitors 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.
(5) The city commission also finds that anyperson who
intentionally blocks the passage of another person or
a vehicle, which requires another person to take
evasive action to avoid physical contact, constitutes
a threat to the public health,welfare and safety of the
citizenry. The city commission further fords that any
person who begs, panhandles, or solicits under
circumstances where the person being solicited
cannot readily escape from the undesired conduct
constitutes a threat to the public health, welfare, and
safety of the city's residents and visitors. The city
commission also finds that any person begging,
panhandling or soliciting from occupants or
operators of vehicles while such vehicles are on the
portion of a public street currently in use by vehicular
traffic and any person begging, panhandling or
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soliciting on traffic medians,bicycle paths or publics
streets when such property is in use by vehicular
traffic poses a threat to public safety and prevents the
free flow of traffic on public streets.
(b) Definitions.
Except where the content otherwise requires, as used in this
chapter:
(1) Aggressively beg, panhandle or solicit means any
request made in person for a donation of money or
some other article of value from another person by
an unwanted touching., detaining, impeding or
intimidation.
(2) Beg,panhandle or solicit means any request made in
person for a donation of money or some other article
of value, either by words, bodily gestures, signs or
other means, from another person or to another
person. •
(3) Beg,panhandle, solicit or offer to sale to or from any
operator or occupant of a vehicle that is in traffic on
a public street or to make an offer to sale any item or
provide a service of any nature to any operator or
occupant of a vehicle that is in traffic on a public
street means any request made in person for a
donation of money or some other article of value or
an offer to sale an item or provide a service for value,
either by words, bodily gestures, signs or other
means, from any operator or occupant of a vehicle,
coupled with an actual exchange of money or some
other article of value between the person begging,
panhandling or soliciting and any operator or
occupant of a vehicle while that vehicle is on the
portion of a public street currently in use by vehicular
traffic.
(4) Obstruct pedestrian or vehicular traffic means to
walk, stand, sit, lie or place an object in such a
manner as to block passage of another person or a
vehicle, or to require another person or driver of a
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are additions.
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vehicle to take evasive action to avoid physical
contact. Acts authorized as an exercise of one's
constitutional right to picket or to legally protest, are
not included within the definition of this term.
(5) Beggar, panhandler or solicitor means any person
traveling either by foot,vehicle or other conveyance,
from place to place, requesting in person a donation
of money or some other article of value, either by
words, bodily gestures, signs or any other means,
from another person.
(c) Restrictions and requirements.
(1) Beggars, panhandlers or solicitors are prohibited
from obstructing pedestrian or vehicular traffic and
aggressively begging, panhandling, soliciting or
offering to sell any items on any state road located in
the City of Tamarac and any road in Tamarac that
. joins a state road.
(2) Beggars, panhandlers or solicitors are prohibited
from begging, panhandling or soliciting from any
operator or occupant of a vehicle that is in traffic on
a public street.
(3) No person shall stand on a traffic median, bicycle
path,public street,or right of way to beg,panhandle,
solicit or sale items when in use by vehicular traffic.
(d) Enforcement and Penalties.
Any person convicted of violating any of the provisions of
this Section shall be punished as provided in section 1-13 of
this Code which provides, inter alia, that the county court
may either impose a fine, a sentence of imprisonment for a
term not to exceed ninety (90) days, or both. Nothing
contained herein will prevent the city from taking such other
lawful action in any administrative hearing, or court of
competent jurisdiction to prevent or remedy any refusal to
comply with, or violation of,this section. Such other lawful
action includes, but is not limited to, an equitable action for
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injunctive relief or an action at law for damages.
Section 3. If any part, sentence, paragraph, section, or clause is adjudged
unconstitutional or invalid by a court of competent jurisdiction,the remainder of the Ordinance
shall not be affected thereby. In the event of a subsequent change in applicable law, so the
provision which had been held invalid is no longer invalid,the provision shall thereupon return
to full force and effect without further action by the City and shall thereafter be binding under
this Ordinance.
Section 4. That any ordinances or parts thereof in conflict with the provisions of
this Ordinance are hereby repealed to the extent of such conflict.
Section 5. That it is the intention of the City Commission, and it is hereby ordained, •
that the provisions of this Ordinance shall become and made a part of the Code of the City of
Tamarac; that the sections of this Ordinance may be renumbered or re-lettered to accomplish
such intentions; and that the word"Ordinance" shall be changed to"Section" or other appropriate
word.
Section 6. That this Ordinance shall take effect immediately upon adoption.
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PASSED,FIRST READING this 1 y' day of St L->i , 2021.
PASSED,SECOND READING this ZI.1/-day of C f b(S-( , 2021.
BY: yaigi
HELLE J. GO Z, MAYOR
ATTEST:
J , CIT f CLERK
I HEREBY CERTIFY THAT I HAVE APPROVED THIS ORDINANCE
AS TO FORM AND SUFFICIENCY FOR THE SOLE USE OF THE CITY
OFT• • a• C
All —��-
JO I, ,CITY • ORNEY
RE 1 O' D OF COMMISSION VOTE: 1 sT Reading
MAYOR GOMEZ cJ
DIST 1: COMM. BOLTON NO
DIST 2: COMM GELIN
DIST 3: VM.VILLALOBOS es
DIST 4: COMM. PLACKO �fS
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON j\-17
DIST 2: COMM GELIN
DIST 3: VM.VILLALOBOS S
DIST 4: COMM. PLACKO
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are additions.
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