Update: At bottom we’ve posted a federal case that upheld Pembroke Pines’ ordinance against panhandling and similar behavior.
In our recent article on panhandlers, a lot of readers have asked why we don’t see them in the city of Boca Raton. The city adopted specific ordinances to deal with the problem, and not just panhandlers.
First, there’s an ordinance about soliciting on streets:
Sec. 16-3. – Soliciting, collecting, etc., upon streets.
No person shall stand or walk on the paved portion of any right-of-way, except sidewalks and bike paths, or in any paved or unpaved median strip of any street, road or highway in the city for any of the following purposes:
(a) Soliciting donations of money or of property of any kind for charitable, religious, educational, benevolent or any other purposes from the occupant of any motor vehicle;
(b) Collecting donations of money or of property of any kind for charitable, religious, educational, benevolent or any other purposes from the occupant of any motor vehicle;
(c) Soliciting the purchase of property or of services of any nature whatsoever by the occupant of any motor vehicle;
(d)Selling property or services of any nature whatsoever to the occupant of any motor vehicle.
(Code 1966, § 21-82; Ord. No. 5132, § 2, 4-27-10)
Note that it allows sidewalks and bike paths. This is important from a constitutional perspective because it fits under “time, place and manner” restrictions. Also note that it does not discriminate based on the type of solicitation. That also helps make it constitutional in that it’s not based on the content of the person’s “speech” (solicitation being a form of speech).
Second, they created an exception to the rule for “special events,” requiring a permit:
Sec. 8-160. – Special event permit to solicit funds, donations, etc.—Required.
It shall be unlawful for any person to conduct a special event, solicit funds or donations of money or of property of any kind for charitable or benevolent purposes without first obtaining a special event permit from the city and payment of the fee specified in the Boca Raton Municipal Facilities and Services User Fee Schedule. A special event is defined as any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal, upon any public facility, street, sidewalk, alley, park, or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any area or building generally open to the public and preempts use by the general public. A special event shall include but not be limited to a festival, carnival, concert, parade, walk, race, fund-raising sale and similar gatherings.
(Code 1966, § 16-24; Ord. No. 4533, § 3, 9-12-00)
The exception includes an application process in Section 8-161 and 8-162. It requires proof of various things such as that the person is genuinely employed by a genuine charitable organization.
Our county elected officials are hiding behind the false idea that they can’t stop panhandlers and others from creating traffic hazards because of constitutional limitations. Most of our readers figured out this was phony because they see that the problem is far less in cities like Boca Raton. The way Boca Raton does it shows how it can be done if our county commissioners want to do it.
For now at least it’s apparent that they don’t. We specifically asked Commissioners Berger and Abrams (who represent West Boca) and they have not responded, instead hiding behind the County Attorney. In light of the County Attorney’s response, we have again asked them and they have so far not responded.
Please note that Commissioner Abrams faces challenger Andy O’Brien in the election going on right now. We will ask Mr. O’Brien if he has a position on the issue.
Update: A reader sent us this case from the federal court that covers South Florida, regarding this issue in Pembroke Pines. The court ruled in favor of the city’s ordinance restricting panhandling and similar behavior.
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