0614 Peddlers and Solicitors ORDINANCE NO. 614
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
PROVIDING FOR NEW DEFINITION IN SECTION 10 -1,
AMENDING SECTION 10 -30, PROVIDING FOR RESERVING
SECTIONS 10 -31 THROUGH 10 -35 INCLUSIVE IN
ARTICLE II, PROVIDING FOR A NEW ARTICLE III
ENTITLED PEDDLERS, SOLICITORS, STREET VENDORS,
AND CHARITABLE ORGANIZATIONS PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED, by the city council of the City of
Okeechobee, Florida that Chapter 10 of the Code of Ordinances
shall be amended as follows:
SECTION ONE: Section 10 -1 entitled DEFINITIONS shall include the
following definitions:
Charitable organization shall mean an organization or person
which is or holds itself to be a benevolent, educational,
voluntary health, philanthropic, humane, or religious organization
that solicits funds.
Charitable purpose shall mean benevolent, philanthropic,
educational, religious, humane, voluntary health, or other non-
profit objectives, including the benefit of poor, needy, sick,
refugee or handicapped persons; the benefit of any church or
religious society, sect, group, ur order; the benefit of any
fraternal, social or civil organization, or the benefit of any
educational institution. The term "charitable purpose" shall not
be construed to include the direct benefit of the person as
defined herein making the solicitation. The term "charitable
purpose" shall not be construed to include the benefit of any
political group or political organization that is subject to
financial disclosure under state or federal law.
Contributions shall mean the donation, promise, or grant of
any money or property of any kind or value.
Drummer shall mean a person engaged in soliciting orders,
including exhibiting samples, for the purpose of effecting sales
for a non resident merchant.
Peddler, as used in this chapter shall include any person,
whether a resident of the city or not, traveling by foot, wagon,
automotive vehicle or any other type of conveyance, from place to
place, from house to house, or from street to street, carrying,
conveying, or transporting goods, wares, merchandise, meats, fish,
vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale, or making sales and
delivering articles to purchasers, or who, without traveling from
place to place, shall sell or offer the same for sale from a
wagon, automotive vehicle, railroad car, or other vehicle of
conveyance; provided, that one who solicits orders as outlined
above and, as a separate transaction, makes deliveries to
purchasers as a part of a scheme or design to evade the provisions
of this chapter shall be deemed a "peddler" subject to the
provisions of this chapter.
Person shall mean any individual (proprietorship), company,
partnership, limited partnership, association, or corporation.
Professional solicitor means any person who is compensated
for his or her or its solicitation of funds for charitable
purposes in any manner whatsoever that is based on or related to
the amount of money or property collected as a result of his or
her or its solicitation of funds.
Solicit funds or solicitation of funds shall mean any
request, within the City of Okeechobee, for the donation of money,
property, or anything of value, or the pledge of a future donation
of money, property, or anything of value; or the selling or
offering for sale of any property, real or personal, tangible or
intangible, whether of value or not, including, but not limited
to, goods, books, pamphlets, tickets, publications or
subscriptions to publications, or brochures, upon the
representation express or implied, that the proceeds of such sale
will be used for a charitable purpose as such term is herein
defined. Expressly excluded from the meaning of solicit funds or
solicitation of funds is any offer of membership in any charitable
organization. A solicitation of funds is complete when the
solicitation is communicated to any individual then located within
the corporate limits of the city.
Solicitor shall mean any person who, for compensation, offers
for sale, sells, ,)r delivers any wares, merchandise, goods, or
services.
SECTION TWO: Section 10 -30 shall be amended as follows:
Sec. 10.30. Permit fee; issuance and penalties.
The applicant for a distress sale permit shall pay to the
department of as =.o 4cre finance a permit fee of two hundred
and fifty dollars ($250.00) for each sale. Upon the filing of
such application, and affidavit and payment of said fee, the
department of=gerrorati=v42asqg finance shall issue a permit. Any
person or agent engaged in any distress sale within the city
without a permit, or under a permit issued upon false statement
made by said person or agent or in his behalf, shall be subject to
prosecution and upon conviction thereof shall be punished as
provided by Section 1 -9 of this code. In addition to the penalty
provided for in Section 1 -9, the provisions of this chapter shall
be subject to enforcement before the City of Okeechobee Code
Enforcement Board.
SECTION THREE: Sections 10 -31 through 10 -35 inclusive in Article
II is hereby reserved.
SECTION FOUR: Article III entitled PEDDLERS, SOLICITORS, STREET
VENDORS and CHARITABLE ORGANIZATIONS shall now read as follows:
ARTICLE III PEDDLERS, SOLICITORS, STREET VENDORS
AND CHARITABLE ORGANIZATIONS
DIVISION 1 GENERALLY
Sec. 10.36. Purpose and Intent.
It is hereby found, determined and declared that this article
is necessary and urgently needed for the preservation of the
welfare and safety of the citizens and inhabitants of the City of
Okeechobee; further that such article, fees, licensing and
registration is necessary and helpful to defray the added expense
to the city to investigate, regulate and enforce peddling and
solicitation within its boundaries.
Sec. 10.37. Sales within city rights -of -way prohibited.
It shall be unlawful under this Division to sell merchandise
on city owned or leased properties, or on city road rights -of -way
lying within the City of Okeechobee.
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Sec. 10.38. Approval of Merchandising Equipment
The city must approve the use of any stand or structure for
the sale of merchandise, including type, size and location, and
reserves the right to prohibit such stand or structure if it would
be unsightly, uz.`,afe, or contrary to the health, safety and
welfare of the citizens and inhabitants of the city.
Sec. 10.39. Loud noises and speaking devices prohibited.
No peddler, nor any person in his behalf, shall shout, make
any outcry, blow a horn, ring a bell or use any sound device,
including any loudspeaking radio or sound amplifying system upon
any of the streets, alleys, parks or other public places of the
city or upon any private premises in the city where sound of
sufficient volume is emitted or produced therefrom to create a
public nuisance for the purpose of attracting attention to any
goods, wares or merchandise which such licensee proposes to sell,
or violates the provisions prescribed in this code in chapter
eleven, Article II.
Sec. 10.40. License required; term.
It shall be unlawful for any peddler to engage in such
business within the incorporated •Lrea of the city without first
obtaining a license therefor in compliance with the provisions of
this article. No license shall be issued for more than one (1)
year and shall expire on September 30 of each year.
Sec. 10.41. Records of licenses and violations.
The chief of police shall report to the finance director all
convictions or violations of this article. The finance director
shall maintain a record of each license issued and record the
reports of violations therein.
Sec. 10.42. Duties of police officer or enforcement officers.
It shall be the duty of any police officer or code
enforcement officer of the city to require any person seen
peddling, and not known by such officer to be duly licensed, to
produce his peddler's license and to enforce the provisions of
this article against any person found to be violating the same.
Sec. 10.43. License application; identification card.
Applicants for a license under this article shall submit a
sworn application upon a form to the department of finance.
Applicants shall also secure an identification card from the
department of finance.
Sec. 10.44. Activities exempt.
The following activities are exempt from the terms of Article
III, Division I:
a. Persons selling or delivering milk, bakery, or other
food products by route sales.
b. Laundry, dry cleaning, recycling, garment storage, linen
supply, towel supply, and diaper services agents
operating from vehicles that are, clearly marked, and
newspaper delivery people on regular routes.
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c. Service or repair agents responding to service calls.
d. Those businesses taxed under Section 10 -2 herein; and
those businesses maintaining a permanent business
location outside the city.
e. Persons commonly called a "drummer" whose only activity
is soliciting sales of which goods are thereafter to be
shipped in interstate commerce.
Sec. 10.45. Investigation of applicant; issuance or refusal of
license.
1. Upon receipt of the application for a license under this
article, the general services department shall investigate the
applicant's proposed business location. An applicant who intends
to travel from house to house to sell his merchandise shall so
state on his application and sha l not be required to submit a
proposed location with his application.
2. For the purposes of this article, investigation of the
applicant or business shall include:
a. Determining whether the proposed use at the proposed
location is consistent with the property's zoning
classification; and meets all zoning and development
requirements.
b. Determining whether the•)roposed location has adequate
ingress and egress for traffic.
c. Determining whether the proposed location has adequate
paved parking;
d. Determining whether the owner of the proposed location
has granted permission.
e. Determining whether the applicant has been convicted of
a felony within the last two (2) years.
f. Determining whether the applicant has been convicted of
a violation of this chapter or any similar ordinances
within the past three (3) years.
g. Determining whether there has been a falsification of
the application for permit in that the material provided
or questions answered are false.
3. If, as a result of such investigation, the applicant or
proposed business location is found to be unsatisfactory, the
general services department shall endorse on such application the
disapproval and the reasons therefor, and recommend that the
finance director promptly notify the applicant in writing that the
applicant's application has been denied and that no license will
be issued. The notification of denial shall also set forth the
applicant's right to appeal the denial to the city council.
4. If, as a result of such investigation, the applicant or
the proposed location of the applicant's business is found to be
satisfactory, the general services 9epartment shall endorse on the
application the approval and reLrn such application to the
department of finance, who shall, upon payment of the prescribed
tax, deliver to the applicant a license.
5. All license applications must be approved or denied
within thirty (30) days after the applicant submits his
application to the department of finance.
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Sec. 10.46. Prohibitions.
It shall be unlawful for any person, solicitor, agent,
peddler, or street vendor, as defined in this chapter, to:
1. Enter the premises of a private resident for the purpose
of selling or soliciting orders for goods, wares, merchandise, or
other personal services after the property owner has given notice
that such owner is not interested in being approached by any
person engaged in selling or soliciting orders for goods, wares,
merchandise or personal services.•
2. Enter the premises of a private resident for the purpose
of selling or soliciting orders for goods, wares, merchandise or
personal services between the hours of 10 :00 o'clock P.M. and 7 :00
o'clock A.M.
3. Stand on a street or highway intersection and solicit or
attempt to solicit or sell goods, wares, merchandise, or personal
services to or from the occupants of any vehicle approaching,
entering, or departing such intersection.
4. Fail to display the license issued pursuant to this
chapter while engaged in the activity for which the license was
issued.
5. Use any misrepresentation or false statement to sell or
solicit an order for goods, wares, merchandise, or personal
services.
6. Transferring a license between solicitors without prior
approval.
7. No person may engage in the business of solicting,
peddling, or street vending pursuant to such license, except the
person to whom the license was issued.
8. Should any person post on their leased or owned real
property, in an obvious and immediately visible place, a "No
Solicitors," No Soliciting," or No Trespassing" sign, any
solicitor shall honor said sign and not solicit the premises.
9. It shall be unlawful for any solicitor to use either a
fictitious name or an alias or any other than his full, true and
correct name.
Sec. 10.47. Revocation.
Any license issued pursuant to the provisions of this chapter
may be revoked by the director of finance, a police officer or
code enforcement officer for any of the following causes:
1. Fraud, misrepresentation or a false statement in the
application for the license.
2. Fraud, misrepresentation or a false statement in the
conduct of activity authorized by the license.
3. Any violation of this chapter.
4. Conviction, nolo contendere plea, or forfeiture
resulting from violation of any county, city, state, or federal
law involving moral turpitude.
5. Conducting activity (selling, soliciting, or order
t aking) pursuant to the license in such a manner as to threaten a
breach of the peace or menace public health, safety, or welfare.
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Sec. 10.48. Appeal from action of the city and city council.
Any person aggrieved by the action of the city in denying an
issuance of a permit as provided in this article shall have the
right of appeal to the city council. Such appeal shall be taken
by filing a written notice of appeal with the city administrator
within thirty (30) days after the action taken. The city
administrator shall set a time and place of a hearing before the
city council on such appeal and written notice of such hearing
shall be given to the appellant. The decision and order of the
city council on such appeal shall be final. The applicant may
appeal the decision of the city council in accordance with general
law.
Sec. 10.49. License tax; transfer of license.
1. The license tax which shall be charged by the city for
each license issued under this article shall be two hundred and
fifty dollars ($250.00) per year.
2. All licenses shall be sold by the department of finance
beginning September 1 of each year and shall be due and payable on
October 1 of each year and expire on September 30 of the
succeeding year.
3. Any person may apply for a partial license after
October-1 of each year. The tax charged. shall be prorated as of
the date of issuance based on a three hundred sixty -five (365) day
amm year.
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4. Any license may be transferred to another person if:
a. There is a bona fide sale of the licensee's business to
min the proposed licensee;
b. The applicant pays a transfer fee of three dollars
iMM ($3.00) and presents the original license and evidence
Anffi of sale;
c. Current licensee submits an affidavit demonstrating that
there are no felony or misdemeanor charges pending
against the licensee for which the licensee has been
convicted since the license was issued.
d. The proposed licensee sub -nits a sworn application in the
same manner as provided iii Section 10.43; and
e. The proposed licensee is approved in the same manner as
provided in Section 10.45.
Sec. 10.50. Construction.
The provisions of this ordinance is in addition to those
requirements set forth in Florida Statutes 205.063, 316.2045,
337.406 and 501.022, and the city reserves the right to enforce
those state statutes where applicable.
Sec. 10.51. Penalties.
Any person, agent or peddler engaged in any peddling within
the city without a license, or under a license issued upon false
statement made by said person, agent or peddler or in his behalf,
shall be subject to prosecution and upon conviction thereof shall
be punished as provided by Section 1.9 of this code. In addition
to the penalty provided for in Section 1.9, the provisions of this
chapter shall be subject to enforcement before the City of
Okeechobee Code Enforcement Board.
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Sec. 10.52 to 10.54 reserved.
DIVISION 2 CHARITABLE ORGANIZATIONS
Sec. 10.55. Exemptions for the use of public or private
property.
Governmental or quasi governmental public service uses,
festivals, fairs or other special events sponsored by a civic,
veteran or other non profit or charitable or community service
organization may be exempted from strict compliance with any part
of this article and conduct an event on private, or city -owned or
leased properties, including rights -of -way. In determining whether
a requirement may be waived, the general services department shall
conduct a complete review of the proposed event, and shall
consider:
1. The purpose that the requirement is intended to serve.
2. Whether waiver of the requirement will detrimentally
affect the health, safety and welfare of the community.
3. Whether any alternative measures can be taken to
substantially meet the purposes of the requirement.
4. The cost to the taxpayers of meeting the requirements as
weighed against the benefits of the requirement.
5. Whether the activity sought to be exempted is a lawful
activity and free from fraud or misleading tactics.
The proposed licensee shall submit a sworn application in the
same manner as provided in Section 10.43. The proposed licensee
is approved in the same manner as L in Section 10.45.
The applicant must meet any insurance coverage or code
compliance requirements of the city, and any other regulations of
other governmental regulatory agencies. The applicant will be
responsible for costs associated with the event, including damage
to property. By receipt of a permit, applicant agrees and shall
hold the city harmless for any accident, injury, claim or demand
whatever arising out of applicant's use of the location for such
event, and shall indemnify and defend the city for such incident,
including attorney fees. The applicant shall be subject to demand
for, and payment of, all of the actual cost incurred by the city
pertaining to the event, including but not limited to police,
fire, maintenance or other departmental expenses. The city
reserves the right to require from applicant a cash or cashier's
check advance deposit in a sum approximating the sum estimated by
the city to be incurred in providing such city services. Any such
sum not incurred shall be refunded to applicant.
The sale of newspapers within the city is exempted from the
provisions of this article.
Sec. 10.56. Exemptions for charitable organizations.
1. A charitable organization that does not employ a
professional solicitor to solicit funds shall be exempt from the
provisions of Sections 10.57 and 10.58, if any of the following
conditions are met:
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a. if it did not collect money or property from more than
20 persons as a result Df the solicitation of funds
during the preceding tweive (12) months;
b. if all of its functions, including fund raising
activities, within the City of Okeechobee, are carried
on by persons who are unpaid for their services;
c. if no part of the charitable organization's assets or
income inures to the benefit of or is paid to any
officer or member;
d. if the charitable organization did not collect money or
property as a result of the solicitation of funds in
excess of $10,000 during the preceding twelve (12)
months.
2. Every holarship fund that solicits and raises funds
solely for the purpose of providing scholarships shall be exempt
from the registration provisions provided for in this chapter if
all of the fund's functions, including fund raising activities,
are carried on by persons who are unpaid for their services and if
no part of the organization's assets or income inures to the
benefit of, or is paid to, any officer or member.
3. If a charitable organization does not want to disclose
publicly the information required by the statements described in
Section 10.57 regarding the solicitation of funds from members of
the charitable organization, it may exclude this information from
the statements required by Section 10.57 if:
a. it indicates on the statements required by Section 10.57
that information about solicitation of funds from
members of the charitable organizations has been
excluded, and
b. it prepares a private statement at least annually that
contains all of the information required by the
statements described in Section 10.57 for the
solicitation of funds rrom members of the charitable
organization that is not reported in the statements
required by Section 10.57, which is signed under oath by
the individual described in subparagraph 1(0) of Section
10.57, and
c. it maintains the records and documents that are
necessary to complete this private statement for a
period of three years from the date of each statement,
and together with the private statement, makes them
reasonably available fo inspection by every member of
the charitable organization.
4. The registration certificate requirements found in
Section 10.57 of this article shall not apply to any solicitation
made upon premises owned or occupied by the entity upon whose
behalf such solicitation is made nor to any entity soliciting
contributions solely from persons who are members thereof at the
time of the solicitation.
5. The article shall not apply to any solicitation for the
relief of any individual specified by name at the time of the
solicitation where the solicitor represents in each case that the
entire amount collected, without any deduction whatever, shall be
turned over to the named beneficiary.
6. This article shall not apply to any solicitations
conducted by school children under the direction and supervision
of their parents, school officials or teachers or any other
charitable or non profit organization for the purpose of financing
extracurricular, social, athletic, artistic, scientific, or
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cultural programs which shall include, but shall not be restricted
to, solicitations for band and athletic uniforms, scientific
and /or artistic implements and literary matter; provided, however,
that no such solicitation shall be immune from regulation under
this article unless such solicitation shall have been approved by
the principal of the school where such children are in attendance.
Sec. 10.57. Registration with finance department.
1. All non profit or charitable organizations within or
coming into the City of Okeechobee shall file a registration
statement on forms provided by the finance department on or before
September 30th of each year. The forms shall contain the
following information:
a. The name of the person registering and desiring to
solicit funds for charitable purposes.
b. Whether the person registering is a natural person,
partnership, corporation, or association and,
(i) if a natural person, the business or residence
address and telephone number must be given.
(ii) if a partnership, the names of all partners and the
principal business address and telephone number of
each partner must be given.
(iii) if a corporation, e person registering must state
whether it is organized under the laws of Florida
or is a foreign corporation, and must show the
mailing address, business location, telephone
number, name of individual in charge of soliciting
funds in Okeechobee of such corporation, and the
names of all officers and directors or trustees of
said corporation, and, if a foreign corporation,
the place of incorporation and registration date
and certificate to operate in Florida as a foreign
corporation.
(iv) if an association, the registration statement shall
show the association's principal business address
and telephone number, if any, and shall show names
and principal business or residence addresses and
telephone numbers of the officers and directors or
trustees of the association. If the association is
part of a multi -state organization or association,
the mailing address and business location of its
central office shall be given, in addition to the
mailing address and business location of its local
office.
c. A reference to all determinations of tax exempt status
under the Internal Revenue Code of the United States and
law of any state, and the laws of any county of
municipality.
d. A brief description of the charitable organization
registering, the charitable purpose for which the funds
are to be solicited, and a brief explanation of the
intended use of the funds toward that purpose.
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e. The names, mailing address and telephone number of all
individuals authorized to disburse the proceeds of the
solicitation.
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f. The names, mailing address and telephone number of all
individuals who will be in direct charge or control of
the sol'Atation of funds.
g. The time period within which the solicitation of funds
is to be made, giving the date of the beginning of
solicitation and its projected conclusion.
h. A brief description of the methods and means by which
the solicitation of funds is to be accomplished.
i. An estimated schedule of salaries, wages, fees,
commissions, expenses and costs to be expended and paid
in connection with the solicitation of funds and in
connection with their disbursement, and an estimated
percentage of the total projected collections which the
costs of solicitation will comprise.
j. The names of any other cities in Florida in which the
person registering has collected funds for charitable
purposes within the past five (5) years, but in the
event that the person registering has collected funds
for charitable purposes in more than five (5) cities in
Florida in which the mo recent collections occurred.
k. A statement to the effect that if a Certificate of
Registration is granted, such Certificate will not be
used as or represented to be an endorsement by the city
or any of its officers or employees.
1. A statement to the effect that the charitable
organization will maintain records or documents that are
necessary to file the complete statement required by
subparagraph 7 of this section and a brief description
of those records or docL ,ents.
m. The names of any officer, director, trustee, partner, or
any current agent or employee engaging in solicitation
of funds who has been convicted of a felony or a
misdemeanor involving moral turpitude within the past
seven (7) years, the nature of the offense, the State in
which the conviction occurred, and the year of such
conviction.
n. A brief explanation of the reasons, if the person
registering is unable to provide any of the foregoing
information, why such information is not available.
o. The registration statement must be signed by the
applicant, if the person registering is an individual;
if the person registering is a partnership, by the
partner charged with disbursing funds solicited; if a
person registering is a corporation or an association,
by its officer charged with disbursing funds solicited.
The individual signing the registration statement shall
sign the statement and swear before an officer
authorized to administer oaths that he or she has
carefully read the registration statement and that all
the information contained therein is true and correct.
2. After a review of the registration statement to
determine its compliance with this section, and within thirty (30)
working days of the receipt of the registration statement, the
finance department shall either issue a Certificate of
Registration, as provided in this section, or notify the person
registering that the registration s tatement does not comply with
the requirements of this section a J specifically point out what
information or explanation has not been furnished that is required
before a Certificate of Registration will be issued.
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3. If for any reason the finance department refuses to
issue a Certificate of Registration to any charitable organization
that has filed a registration statement and the charitable
organization disagrees with this decision, the person can appeal
the refusal as prescribed in Section 10.48.
4. The finance department shall prescribe the form of the
Certificate of Registration. However, each such Certificate of
Registration shall be printed in black except that the following
shall be printed prominently thereon in red: "The issuance of
this Certificate of Registration is not an endorsement by the City
of Okeechobee or any of its officers or employees Nor may the
Certificate of Registration be used by any charitable organization
for promotion purposes. Each Certificate of Registration shall
bear a registration number that is the same as the file containing
the registration statement filed by the registrant.
5. Any charitable organization as defined in Section 10.1
that has filed a registration statement with any state, city or
county during the preceding twelve (12) months containing
substantially the same information under oath as requested in this
section and has been issued a registration certificate, may file
a copy of such registration statement and registration certificate
with the finance department and such charitable organization shall
be deemed to have complied with t.; requirements of Section 10.57
relating to the preparation and filing of a registration statement
as long as such prior filing and registration certificate remains
valid.
6. All registration statements filed with the finance
department, whether or not a Certificate of Registration has been
issued, shall be a public record and shall be available for
inspection by members of the public during regular business hours
and copies may be obtained at the regular cost.
7. Within 30 days from the expiration of the Certificate of
Registration, the charitable organization shall file with the
finance department on forms provided by that office a statement
regarding all solicitation of funds for the prior year, which
statement shall be sworn by an appropriate officer of the
charitable organization and which sworn statement shall show the
following:
a. the full amount of money and property collected as a
result of the solicitation of funds during the annual
reporting period;
b. a complete list of any and all expenses incurred in
procuring those funds. The said list shall be broken
down into salaries, wages, fees, commissions,
advertising and all other expenses and costs paid in
connection with the solicitations of those funds;
c. the bank, if any, where the proceeds of those
solicitations of funds were placed; and
d. actual or proposed utilization in approximate amounts of
the said proceeds.
Sec. 10.58. Maintenance of records.
1. Charitable organizations shall maintain records or
documents that are necessary to file the complete and truthful
statements required by Section 10.57 for a period of three (3)
years from the filing of each statement.
2. It shall be unlawful to accept a charitable contribution
for any charitable purpose without tendering to the contributor a
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receipt which acknowledges the amount and species of the
contribution, the name of the association for whom the
contribution is made, and the name of the professional solicitor
if applicable, provided that a receipt shall not be necessary for
contributions made through receptacles, nor shall a receipt be
necessary for a contribution of ss than five dollars ($5.00).
Attached to each receptacle shall be a copy of the charitable
solicitations registration certificate.
Sec. 10.59. Telephone Solicitations.
1. When conducting telephone solicitations for charitable
purposes, the registration holder receiving contributions shall
furnish to each contributor an invoice, receipt, or statement
containing the name of the soliciting organization, the name of
the professional solicitor if ap, :licable, and the address from
which the solicitation was made.
2. When conducting telephone solicitations for charitable
purposes, the professional solicitor or his agent or employee
shall immediately identify himself to the listener by full name
and then as a professional solicitor or his agent or employee
before he solicits any person for a charitable contribution. An
acceptable contribution under this section would be as follows:
"Hello, my name is (full name) and I work for (name of
professional solicitor), a professional solicitor. I am
calling on behalf of the (insert organization on whose
behalf charitable solicitations are being made)..."
Sec. 10.60. Prohibited acts.
No charitable organization subject to the provisions of this
chapter, or no agent, employee, or officer of any such
organization, shall engage in any of the following prohibited acts:
1. a. willful use of any solicited funds or soliciting or
retaining funds to support or execute any conduct
that is criminal or illegal under the laws of the
City of Okeechobee, Okeechobee County, the State of
Florida, or the United States;
b. willful failure to file any statement required by
this chapter or knowingly making false statements
or providing false information in those statements;
c. use of any scheme ol' artifice to defraud or obtain
money or property by means of any false statement
or representation;
d. willfully concealing the identity of an organization
on whose behalf solicitations are being made;
e. knowingly misrepresenting that the proceeds of any
solicitation of funds, under current law, would
entitle the donor to a Federal or State income tax
deduction;
f. promising any person that the proceeds of a
solicitation of funds will be refunded upon request,
and thereafter willfully failing within 30 days to
make a refund that has been requested in writing;
g. promising any person that refunds of the proceeds
of any solicitation of funds will be made upon
request without providing such person, at the time
such representation is made, with a written
statement of the terms and conditions upon which
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refunds are made; provided, however, that any
statement made in good faith at the time is not
prohibited by this section;
h. soliciting funds at private residences between 10 :00
P.M. and 7 :00 A.M.;
i. solicitation of furls by any person on behalf of a
charitable organiza_ion which has failed to obtain
a Certificate of Registration under this chapter
and is not exempt under Section 10.56;
j. willful failure to maintain the records or documents
required by Section 10.58.
k. if claiming an exemption under Section 10.56(3),
willful failure to maintain the records or documents
required to be maintained by said Section, willful
failure to make the private statement and those
records or documents reasonably available for
inspection by every member of the charitable
organization, or knowingly making false statements
or providing false information in the private
statement or those records or documents described
in said Section.
2. It shall be unlawful for any solicitor to use either a
fictitious name or an alias or any other than his full, true and
correct name.
3. Should any person post on their leased or owned real
property, in an obvious and immediately visible place, a "No
Solicitors," "No Soliciting," or "No Trespassing" sign, any
solicitor shall honor said sign and not solicit the premises.
4. In addition to any other remedy provided by law, any
person who willfully and knowingly commits any of the prohibited
acts under this section shall be punishable as provided by in
Section 1 -9 of this code. In addition to the penalty provided for
in Section 1 -9, the provisions of t'-is chapter shall be subject to
enforcement before the City of Okeechobee Code Enforcement Board.
5. This chapter is not intended to repeal or affect other
permitting regulations, fraud or consumer protection laws of the
City of Okeechobee, Okeechobee County, the State of Florida, or
the United States.
Sec. 10.61. Power of the police department to investigate and
prosecute prohibited acts of charitable
organizations.
1. The police department shall investigate alleged
violations of this article only after three individuals file
separate bona fide complaints in writing, sworn to or affirmed,
with the police d >artment, setting forth facts demonstrating that
one or more of the prohibited acts set forth in Section 10.60 have
been engaged in by the charitable organization and that the
complaining party has been injured by such act or acts.
2. The police department, when conducting an investigation
pursuant to subparagraph 1 shall have the power to subpoena any
person, require the production of the records or documents
described in Section 10.58 and the private statement and records
or documents described in Section 10.56(3). and administer oaths.
3. If the investigation conducted under subparagraph 1
demonstrates that probable cause exists to believe that a violation
or violations under Section 10.60 exist, then the police department
shall institute an action to prosecute such violation or
violations.
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Sec. 10.62. Damages to injured persons.
1. Nothing herein contained shall preclude any person
aggrieved by a prohibited act under Section 10.60 committed by a
charitable organization from commencing an appropriate action or
proceeding under the laws of the State of Florida to recover
compensatory damages.
Sec. 10.63. Notice to the public about the provisions of this
chapter.
The police department shall be empowered to inform the public
about the requirements of this chapter as applied to all charitable
organizations soliciting funds in Okeechobee, Florida. The police
department specifically has the authority to notify the public that
the department is authorized to receive and investigate complaints
relating to the violations of this chapter. The police department
shall give public notice of all convictions of charitable
organizations violating the provisions of this chapter and the
basis of these convictions.
Sec. 10.64 reserved.
DIVISION 3 SEVERABILITY
Sec. 10.65 Severability.
If any section, phrase, sentence or portion of this chapter
is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such portion shall not
affect the validity of the remaining portions thereof.
SECTION FIVE: Effective Date.
This ordinan-e shall become effective immediately upon its
adoption.
Introduced for first reading and set for final hearing this
ht day of L ust 1989.
Passed and adopted on second reading and public hearing this
5th day of Septarer 1989.
.ice .i
MAYOR OAKLAND R. ':—MAN
ATTEST:
BONNIE THOMAS, CITY CLERK
AI
Inv
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