§ 118.03. PROHIBITED ACTS REGARDING SOLICITING, PEDDLING, AND PANHANDLING.

(a)

It shall be unlawful for any person to solicit or peddle money or other things of value, or to solicit the sale of goods or services:

(1)

Without an occupational license;

(2)

In any public transportation vehicle, or bus or train station or stop;

(3)

On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.

(4)

On a street or right-of-way in such a manner as to obstruct the flow of pedestrian or motor vehicle traffic.

(b)

It shall be unlawful for any person to peddle or vend products, including personal property, ice cream, or other food products from motor vehicles in the public streets:

(1)

Without an occupational license;

(2)

In any vehicle not designed and constructed specifically for the purpose of vending the product or products to be vended;

(3)

Without a license by the County Health Department or other state or local agency having jurisdiction over the use of such vehicles depending upon the nature of the products sold;

(4)

Without proof of a valid Florida driver's license and vehicle registration;

(5)

Without proof of current insurance issued by an insurance company authorized to do business in the State of Florida. The insurance shall provide coverage for bodily injury, including accidental death, as well as from claims for property damage. An occurrence type policy is preferred. The City shall be named as a certificate holder and as an additional insured on the policy. The policy limits of such insurance shall not be less than three hundred thousand dollars ($300,000.00) combined single limit for each occurrence for bodily injury and three hundred thousand dollars ($300,000.00) for property damage;

(6)

In the Central Business District (CBD) of downtown Delray Beach;

(7)

Within one thousand (1,000) feet of any public or private school between the hours of 7:00 a.m. and 5:00 p.m.;

(8)

From any vehicle that plays amplified music or other sounds in violation of the City's noise ordinance.

(c)

It shall be unlawful to engage in an act or acts of panhandling when either the person soliciting or the person being solicited is located in, on, or at any of the following locations:

(1)

Bus stop or any public transportation facility;

(2)

Public transportation vehicle;

(3)

Area within fifteen (15) feet, in any direction, of a sidewalk café or outdoor dining area;

(4)

Parking lot, parking garage, or parking pay station owned or operated by the city;

(5)

Park owned or operated by the city;

(6)

Area within fifteen (15) feet, in any direction, of an automatic teller machine (ATM);

(7)

Area within fifteen (15) feet, in any direction, of the entrance or exit of a commercial or governmental building; or

(8)

Private property, unless the person panhandling has permission from the owner of such property.

(d)

It shall be unlawful to engage in the act of aggressive panhandling in any location in the City.

(Ord. No. 45-04, § 1, passed 8/3/04; Ord. No. 13-14, § 3, passed 5/20/14 )

Editor's note

Ord. No. 13-14, § 3, passed May 20, 2014 , renamed § 118.03 from prohibited acts regarding soliciting and peddling as prohibited acts regarding soliciting, peddling, and panhandling.