Ordinance 20-2015 Solicitations ORDINANCE NO. 20-2015
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 78, PEDDLERS AND SOLICITORS; ARTICLE
III, CHARITABLE SOLICITATIONS; SECTION 78-77,
DEFINITIONS, SO AS TO EXEMPT CERTAIN
COLLECTIONS FROM THE DEFINITION OF SOLICIT AND
SOLICITATION; AMENDING SECTION 78-106, PERMIT
FORM, DURATION, SO AS TO PROVIDE THAT THE
LIMITATIONS ON NUMBER OF EVENTS SHALL NOT
APPLY TO BUSINESSES RAISING FUNDS FOR CHARITY
THROUGH PERCENTAGE OF SALES; INCLUDING A
NEW SECTION 78-113, ENTITLED PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 78, Peddlers an Solicitors; Article III, Charitable Solicitations;
Division 1, Generally; Section 78-77, Definitions, to amend the definition of solicit and
solicitations to read as follows:
Sec. 78-77. - Definitions.
Solicit and solicitation mean the request, either directly or indirectly,
for money, credit, property, financial assistance or other thing of value on
the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a charitable purpose.
Solicit and solicitation shall not include food drives, toy drives or school
supply collections traditionally undertaken in the town prior to the adoption
of this ordinance.
Section .2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 78, Peddlers an Solicitors; Article III, Charitable Solicitations;
Division 2, Permits; Section 78-106, Permit form, duration, to read as follows:
Sec. 78-106. - Permit form, duration.
Permits issued under this article shall bear the name and address
of the person by whom the solicitation is to be made, the number of the
permit, the date issued, the dates within which the permit holder may
solicit, and a statement that the permit does not constitute an
endorsement by the town or the town council of the purpose of, or the
person conducting the solicitation. All permits shall be signed by the town
clerk and shall be in effect for the time stated thereon, but in no event shall
the permit be valid beyond 12 months from the date of issuance, and in no
event shall the permits be valid for more than two events during the 12
month period from the date of issuance. This limitation shall not apply to
organizations which receive financial support from the town through its
budgeting process or to businesses located within the town which raise
funds for charity as a percentage of sales of merchandise.
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 78, Peddlers and Solicitors; Article III, Charitable Solicitations;
Division 2, Permit, to include a new Section 78-113, Penalties, to read as follows:
Sec. 78-113. Penalties.
An oerson, organization. corporation, agency, or entity that
enga-ges in charitable solicitation without having first obtained a valid
permit shall be assessed a penalty, in accordance with the fee schedule
adopted by the town council by resolution as may be amended from time
to time.
Section 4. Severability,
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed,
Ordinance No,20-2015 Page 2 of 3
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 11th day of August, 2015, and for second
and final reading on this 1& day of September, 2015.
y
GaOL.'Coniglio, Mayor 0 Michael J. Pucillo, own Council President
Richard M. Kleid, Council President Pro Tern
nielle M. Moorown Council Member
--ATTEST: P o end, Town Counc� Member
,.>usan A. Owens, MMC, Town Clerk ko ert N. Wildrick, Town Council Member
Ordinance No.20-2015 Page 3 of 3