Sec. 804.807. - Charitable solicitations by permit.

(a) A permit for charitable solicitation in the right-of-way of any designated roadway, as defined in Section 804.1701 , in the City, as required pursuant to Chapter 804 , Part 17, may be obtained from the Public Works Department, provided the applicant meets the following criteria: (1) The applicant's name and address and, if applicable, its charitable solicitation organization's Florida registration number. (2) The applicant shall provide a plan for review and comment by the City Traffic Engineer, which plan will maximize the safety of the applicant's representatives, as well as the motoring public, at the locations where the solicitation will take place. Within 90 days from the effective date of this Section, the City's Traffic Engineer shall develop a definitive list of safety methods to identify and provide visibility to all individuals who will be operating in the right-of-way and to alert traffic approaching the intersection(s) or road segment(s) where such charitable solicitations will be occurring. Such safety methods shall be included in the applicant's safety plan. (3) The applicant shall indicate in specific detail the location of such solicitation, together with the hours thereof, not to exceed 36 total hours in any 72 consecutive hour period. (4) The applicant shall provide an indemnification and hold harmless for the organization, if applicable, and all individual solicitors in favor of the City in a form satisfactory to the City attorney. (5) No person under the age of 18 years shall conduct any solicitation in the right-of-way pursuant to a permit granted under this Section. (6) All solicitation shall occur during daylight hours (from sunrise to sunset) only. (7) Unless determined to be indigent, the applicant shall provide proof of commercial general liability insurance against claims for bodily injury and property damage occurring on City roadways and rights-of-way or arising from the applicant's solicitation activities or use of the City roadways and rights-of-way by applicant or the applicant's agents, contractors, volunteers or employees having limits of not less than $1,000,000 per occurrence for the general aggregate (per location). The certificate of insurance shall name the City of Jacksonville as an additional insured and shall be filed with the Public Works Department by no later than 48 hours before the date of solicitation. If an applicant seeks an indigency determination, he or she must provide an application for determination of civil indigent status, such application being the same application used by the Clerk of Court. A complete application for determination of civil indigent status must be submitted with the permit application and shall be reviewed and evaluated using the same methodology and criteria as the Clerk of Court. Each permit application shall be approved only if it is determined that the use will not interfere with the safe and efficient movement of traffic and the use will cause no danger to the public. Decisions on permits and indigency determinations must be made within five business days from the date of submission of a completed application. The failure to render a decision on a permit or indigency within this time shall result in a positive determination. The decision on the permit and indigency determination shall be the final action of the City. A copy of all approved permits shall be forwarded to the Sheriff's Office Chief of Patrol, or to their successor individuals or others as designated by the Sheriff. No permit shall be issued for any commercial or other non-charitable activities. No more than one permit shall be issued for any intersection or road segment at any one time. (8) In the event that a permit is denied, said applicant may request emergency injunctive relief from the Circuit Court of the Fourth Judicial Circuit of the State of Florida. Due to the overriding public interest in preventing unsafe conditions for motorists and pedestrians within the rights-of-way of designated roadways, no provisional permits shall be issued by the City. (b) The applicant shall comply with all other laws, City codes and regulations pertaining to public safety, traffic and solicitation, including Sections 614.117 , 614.138 , 614.143 and 614.144 , Ordinance Code. (c) The Public Works Department may decline to issue subsequent permits to any individual or group violating the parameters of a previously issued permit or violating any requirements of this Section, or any other City ordinance or state statute involving traffic safety. (d) During active solicitation, at least one solicitor at each location shall be in possession of a copy of the authorizing permit and the certificate of insurance and shall display the copy to any law enforcement officer upon request. All solicitors shall possess picture or other form of government-issued identification. (e) Permits issued pursuant to this Section shall be for a specific time period not to exceed 72 consecutive hours. (f) No individuals or group shall be granted more than two permits per calendar year. (g) For purposes of this Section only, the term "right-of-way" shall have that definition for "public rights-of-way" provided in Section 804.1701 . (h) Soliciting in the right-of-way without a valid permit issued pursuant to this Section shall be punished by the Sheriff by a fine not exceeding $50 for a first offense and $250 for a second or subsequent offense. (Ord. 2002-852-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, §§ 24, 40; Ord. 2014-667-E, § 1; Ord. 2016-140-E , § 16; Ord. 2022-574-E , § 2) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. Note— Former § 804.806 . See editor's note, § 804.805 .