§ 21-264. Permits.

(a)

In order for a person to conduct solicitation of charitable contributions as described in section 21-263 above, such person or group must first obtain a right-of-way solicitation permit from the county traffic engineer or his designee.

(b)

Application for a right-of-way solicitation permit shall be made on a form supplied by the county traffic engineer or his designee. Every application shall be filled out completely. Failure to fully complete an application shall be grounds to deny a permit.

(c)

Each right-of-way solicitation permit for the solicitation of charitable contributions shall be valid for not longer than seven (7) days.

(d)

Each right-of-way solicitation permit shall be specific as to location and dates.

(e)

The board of county commissioners may establish fees for the issuance of right-of-way solicitation permits.

(f)

Each applicant person or group shall supply to the county as part of the application such disclosure information as is required pursuant to the Solicitation of Funds Act, chapter 496, Florida Statutes, and evidence of full compliance with all requirements of said Solicitation of Funds Act. Those persons or groups who are exempted from compliance with the Solicitation of Funds Act shall state the basis of exemption as part of the application. The county traffic engineer shall issue a right-of-way solicitation permit for any activities which involve the solicitation of charitable contributions to:

(1)

A group or person(s) who are soliciting charitable contributions upon and during a day nationally, regionally or locally recognized by known community custom or through media publication as a day dedicated to donation solicitation by the beneficiary of such donations, or

(2)

A group of persons whom the county traffic engineer finds as qualified to conduct highway traffic area solicitations without undue hazard to themselves or the public when such finding is made by the county traffic engineer on the basis of his professional judgment, considering nationally recognized traffic standards and the skill, experience or training of such group or person(s) relative to the hazards presented by the particular traffic area for which such permit is sought.

(g)

As part of the application for a right-of-way solicitation permit, the applicant shall sign a waiver of liability in favor of the county for incidents which may result form the activities conducted by the person or group under the permit.

(h)

As part of the application for a right-of-way solicitation permit, the applicant shall sign a hold harmless agreement in favor of the county for incidents occurring as a result of the person's or group's actions while operating under the permit.

(i)

The county traffic engineer shall issue or deny a right-of-way solicitation permit within ten (10) days after a complete application is submitted. Only one (1) such permit per intersection and adjacent roadways or any other specific area constituting a five-hundred-lineal-foot length of right-of-way shall be issued.

(j)

If the solicitation permit is denied, the county traffic engineer shall provide the applicant with written notice of the denial and written reasons for the denial within two (2) business days after the denial. A denial may be immediately reviewed as a matter of right by a court of competent jurisdiction upon the filing of an appropriate pleading by an aggrieved applicant.

(k)

The county traffic engineer, or designee, may revoke a right-of-way solicitation activity permit upon finding a violation of any substantial or material condition or standard for issuance of such a permit or conduct of any activity thereunder. Such finding shall be made only upon hearing and after reasonable notice of such hearing has been given to the permittee.

(Ord. No. 2004-05, § 1, 5-18-04)