§ 26-1. Roadside stands.
(a)
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:
(1)
Public place means areas or properties owned by governmental agencies or dedicated to or reserved for the use of members of the public, and shall include but not be limited to airports, schools, parks, boatramps, playgrounds, libraries and other county governmental facilities.
(2)
Public right-of-way means a strip of land dedicated or deeded to the public and accepted by the board of county commissioners, used or occupied or intended to be used or occupied by a street, driveway/access, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, bikeway, or for similar special public use.
(3)
Vending machine means self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for dispensing of any retail goods, food or beverage products.
(b)
Preventing use of public areas as commercial locations. To prevent the use of public streets or public places as permanent, semi-permanent or temporary commercial locations, except when otherwise authorized by this article or the board of county commissioners, it shall be a violation of this article for any unauthorized person to:
(1)
Sell goods, merchandise, property or services, whether for profit or nonprofit purposes, or to display advertising of any sort from any permanent, semi-permanent or temporary location, upon any public right-of-way, or in any public place as defined herein until and unless such person, is specifically permitted in writing to do so by the county, and where the county has only easement interest, such person must also be specifically permitted in writing to do so by the legal title holder of the underlying real property that is subject to the county's easement.
(2)
Park or stop any motorized or trailer vehicle, pushcart or animal-drawn conveyance in any public right-of-way or in any public place for the purpose of making or soliciting sales.
(3)
Sell, solicit sales, vend, or serve any goods, merchandise, property or service by any means, including the use of vending machines. In the public rights-of-way or other public place, or for any person to station himself, or operate any roadside stand or establishment within the public right-of-way or other public place.
(4)
Make any commercial use of the public right-of-way or other public place, including placement of commercially related signs.
(5)
Sell or display for sale vehicles in the public right-of-way or other public place.
(6)
Be within the outermost edges of a road right-of-way when the road is open to traffic, to display advertising (excluding hand-held political speech signage off the traveled road); or to conduct any business or commerce; or to attach anything to any vehicle; or to distribute anything to, or accept anything from, any person, including any occupant of any vehicle being operated on (or parked on) the road right-of-way.
(7)
In-the-road sales, in-the-road distributions, roadside sales or roadside distributions except as authorized by the county to be conducted only when the road is temporarily closed to vehicular traffic.
(c)
Exceptions. The following authorized uses are excluded from this section:
(1)
Newsrack placement within a public right-of-way shall comply with chapter 110, article III.
(2)
Vendors or businesses having current county licenses who make frequent stops for the purpose of making a sale or pickup/drop-off of persons and then continue neighborhood travel upon the road rights-of-way (i.e., ice cream vehicle, trollies, cabs).
(3)
Emergency service or repair vehicles rendering service or repair to any disabled vehicle.
(4)
A person who has a franchise from, contracted with, or has otherwise been authorized by the board of county commissioners to sell goods, merchandise or services within a public right-of-way or other public place.
(5)
A vehicle may be displayed for sale upon public property when that vehicle is:
a.
Driven by the public or private sector and/or employees of governmental agencies when conducting business at the public site during normal business hours.
b.
Driven by an individual who is using the boat ramp or park site facilities.
c.
Being sold in conjunction with a governmental auction.
(6)
Charitable Solicitations at Traveled Road Intersections.
a.
In this subsection, "Road" means all geographic areas between the two exterior-most edges of paved or unpaved surfaces available for and being used for vehicular travel or parking, including medians and shoulders. All public and private roads, including roads separated by one or more medians, have two (2) exterior-most edges. "Road" includes streets, highways, alleys, and other nouns that are used to describe facilities for traveling by, or in-the-road parking of motor vehicles. This subsection applies to all roads over which Collier County then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the traveled road to interact with any operator or occupant of any vehicle being operated on the road, including each supervisor while the supervisor is on the traveled road surface. "Participant" includes the permit applicant each pedestrian, each supervisor, and every other individual associated with the applicant and who is in the road during any of the subject in-the-road activities.
b.
A one-time per calendar year permit only to solicit charitable contributions at road intersections in unincorporated Collier County then open to vehicular traffic may be acquired from the Collier County Transportation Department, subject to continued compliance with all of the following:
1.
Eligible Permit Applicants. The applicant must be federal income tax exempt under the United States Internal Revenue Code and must be registered as a solicitor of contributions pursuant to F.S. ch. 496, or have an annual letter of exemption issued to the applicant pursuant to that Chapter.
2.
Permit Application.
(i)
There shall be no fee for the permit. The applicant shall submit to the complete, executed standard application form to the County's Transportation Department. No incomplete application shall be accepted. If the application form is not accepted by staff for any reason, staff, not later than five (5) workdays following receipt of the application, shall inform the applicant in writing of the reason(s) for non-acceptance. The time period for staff approval or denial of an application shall not commence until a complete application form is accepted. Each complete form shall be processed on a first applied-for, first processed basis. The Transportation Department shall either deny the complete permit application (for stated reasons) or grant the permit, within ten (10) workdays following receipt of the complete application. If the Transportation Department does not make a final decision to approve or deny a complete application within ten (10) workdays after staff's receipt of the application (including proof of required insurance), the application shall be deemed to be approved. Each permit application must request a specific time period to solicit contributions not to exceed seventy-two (72) consecutive hours. No applicant shall request that the solicitation time period commence more than sixty (60) calendar days after, nor sooner than fourteen (14) calendar days after, the submittal date of the complete application. The applicant can request (and be permitted) to solicit contributions concurrently at several intersections, but only one permittee may solicit at any intersection at any one time.
(ii)
Military Representation. Organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence that will be accepted includes, but is not limited to:
A.
DD-214 or Statement of Service (Report of Separation); or
B.
Communication from military or veterans office that contains information regarding military service or an indication of military service.
(iii)
Insurance. Each application must include a Certificate of Liability Insurance showing proof of general liability insurance that has policy limits of not less than one million dollars per occurrence for personal injury/death; one million dollars for property damage; at least $300,000.00 fire damage (any one fire); at least $15,000.00 for medical expenses (any one person); at least two million dollars general aggregate, and at least two million dollars aggregate for comprehensive liability, products. All such insurance must be in effect throughout the solicitation time period. The permit shall automatically be rendered void if the required insurance is not continuously in full force and effect throughout the solicitation time period. The insurance must insure the applicant (entity or individual), all participants, and all third party claimants who may assert claims for personal injury, death and/or property damage alleged to have been caused by, or resulted from, the applicant's in-the-road activity. Collier County must be a named insured.
c.
Times for in-the-road solicitations. All in-the-road solicitations must be conducted only during Saturdays, Sundays, federal holidays and Florida holidays, and not before 7:00 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is falling or when there is any other activity, physical barrier or physical condition that limits the visibility of any participant or vehicle operator.
d.
Participant eligibility. Each individual participant must be at least 21 years of age, must sign the county's informed consent and waiver, and furnish his/her signed consent and waiver to the county's transportation department before engaging in any of the subject in-the-road activities. Each participant must be (or have been) a fireman, police officer (including military police), or other law enforcement officer who has been trained regarding the physical dangers of in-the-road activity when roads are open to vehicular traffic, or other individual who has satisfactorily completed a safety training course appropriate to safety considerations of in-the-traveled-road activities and such course was sponsored by the National Safety Council or other similar organization.
e.
Participant behavior during in-the-road activity.
1.
Each participant must wear a highly visible (orange or other light colored vest) or reflective vest whenever engaged in any in-the-road activity. Each pedestrian shall approach only stopped vehicles and shall obey all traffic laws, traffic control devices, and instructions from any law enforcement officer or county code enforcement officer. No participant shall act in any unprofessional manner, including dancing, changing, or organized singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall persist soliciting any individual after that solicitation has been refused; nor demand, threaten or intimidate any member of the public; nor suggest or imply that the applicant (or any participant) is a representative of any governmental entity, or otherwise misrepresent identity, authority or purpose.
2.
No more than two pedestrians may go onto the traveled road of any two lane intersection at any one time, including one-way roads. No more than eight pedestrians shall at one time be in the traveled part of a divided road intersection. If more than two pedestrians are on the traveled part of the road or intersection at any one time, the pedestrians must at all such times be accompanied by a supervisor nearby at the intersection (and not on the traveled surface), and the supervisor must monitor the traffic situation and applicable traffic control devices, and audibly alert the pedestrians the instant the applicable traffic control device changes (including left turn arrow, light turns yellow, etc.), and whenever there is any other change in circumstances that for any safety reason reasonably necessitates instant curtailment of the in-the-road activities.
3.
Solicitation is limited to the vehicle operator's (left) side of the vehicle, including on roads that have medians (or other interior raised curbs) and the pedestrian uses such median or interior area. One single-faced or double-faced hand-held sign per pedestrian is allowed. The permittee may have one of its operations vehicle lawfully parked at or near the intersection, and may use the vehicle's lights, including its flashing lights, provided such lights are usually installed on the vehicle. Except to the extent, if any, prohibited by law, the permittee may use cones in the road to the extent the permittee deems such cones appropriate to promote safety and no cone impedes the flow of traffic.
4.
The following are prohibited: sound amplification, drum, bell, tambourine, horn, and/or any other sound-making device.
5.
There shall be no charitable solicitation in the road without a staffed, public safety vehicle present. Public safety vehicle shall be defined as any marked law enforcement department or emergency response vehicle. The cost of the staffed public safety vehicle shall be the obligation of the Solicitor.
f.
Eligible intersections. In-the-road solicitation shall be permitted only at signalized road intersections then controlled by functioning traffic control lights (which excludes intersections controlled by flashing lights, stop signs, yield right of way signs, etc). In-the-road solicitation is limited to instantly receiving only legal tender currency (bills and/or coins). There shall be no solicitations at intersections where the posted speed limits exceeds 45 (forty-five) miles per hour.
g.
Permit suspension or revocation. If any participant is observed by a county code enforcement officer, deputy sheriff or other authorized law enforcement officer, to be violating any provision of this subsection or any applicable law, rule or regulation, the permit to solicit at that specific intersection may be summarily revoked by such officer, whereby all in-the-road activity at that intersection shall cease immediately. Staff may suspend or revoke the issued permit to solicit whenever any requirement does not continue to exist, such as loss of federal income tax exemption, loss of active status as a registered solicitor of contributions, lapse of active insurance, any misrepresentation in the application (including its exhibits), or any in-the-road activity by any participant who did not sign the county's informed consent and waiver and have such signed consent and waiver delivered to the transportation department staff.
h.
Appeals. Staff's denial of an application (or staff's revocation of an issued permit) may be appealed in writing to the county manager by delivering the appeal to the county manager's office not later than ten days after the applicant's receipt of notice of the denial or revocation. The county manager should render a decision on the appeal not later than ten workdays after receipt of the appeal. The County Manager's decision shall be the County's final action on the appeal.
i.
Issuance of a permit is not any endorsement by Collier County of the permittee or its activities. Notwithstanding anything to the contrary, a permit shall not be required for any solicitor who falls within the parameters of the Iris Roberts Act.
(7)
This article does not apply to political campaigning nor to any individual authorized by law to engage in authorized in-the-road activity, such as, and not limited to, on-duty law enforcement officer in the performance of duty, or authorized activities of employees at tool booths. Charitable solicitation activities on or along streets/roads not maintained by Florida, and to be conducted by an organization exempt from federal income taxes under Section 501(c)3 of the Internal Revenue Code, and is either registered as a charitable organization or sponsor with Florida's Department of Agriculture and Consumer Services, or is exempt from that state registration (or is an individual or organization acting on behalf of such exempt organization/sponsor), is exempt from the solicitation provisions of this article, but must comply with F.S. § 316.2045, including providing all listed information and proof to county staff.
(d)
Enforcement responsibility. The enforcement of this section shall be the responsibility of the zoning enforcement section, building code compliance department of this community development division, county sheriff's office, or other code enforcement officer of the county.
(e)
Penalty. Each violation of this section is punishable by a fine not to exceed $500.00. Imprisonment shall not be a penalty except for contempt of court. Each day of continued violation may be considered a separate and distinct violation. Prosecution in a court shall not preclude administrative remedies. Each firm, partnership, corporation, or other entity that, and/or individual who, is found in violation of this section shall pay all costs and expenses as provided for by the rules of the respective enforcement forum.
(Ord. No. 76-11, §§ 1—3; Ord. No. 87-60, §§ 1—5A; Ord. No. 04-51, §§ 1—3; Ord. No. 07-53, § 1; Ord. No. 2010-13, § 1; Ord. No. 2012-02, § 1)
State law reference
Penalty for ordinance violations, F.S. § 125.69.
Cross reference
Newsracks in public rights-of-way, § 110-56 et seq.