Section

Section

(a)

It is the purpose and intent of this article to preserve public safety, human life and convenience; to secure the comfort, health, welfare and prosperity of all city inhabitants; to ensure that the use of streets in the city does not become dangerous and that the free flow of traffic thereon is not impeded; to preserve privacy and quiet to those in the home; to protect city inhabitants against crime and undue annoyance; and to protect those on the streets and at home against abusive behavior by peddlers or solicitors. It is not the purpose and intent of this article to prohibit peddling or soliciting in public areas when such activities will not interfere with vehicular traffic and cause traffic safety and traffic flow concerns.

(b)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PEDDLER. Any person, whether a resident of this city or not, traveling either by foot, motor vehicle, or any other type of conveyance from place to place, from house to house, or from street to street, for the purpose of selling goods, wares, merchandise or services and shall also mean and include any person who, for themselves or for another person, hires, leases, uses or occupies any building, structure, tent, boat, hotel room, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

SOLICITOR. Any individual, whether a resident of the city or not, traveling from place to place, house to house, or street to street, taking or attempting to take orders for the sale of goods, wares, merchandise, or personal property of any nature whatsoever, including photographs, for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payment on such sale or not, provided that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

(Ord. 59-09, 10-19-2009)

This chapter shall not apply to political contributions solicited in accordance with the election laws of this state.

(Ord. 5B-71, § 3(1), (2), 9-20-1971; Ord. 59-09, 10-19-2009)

Any peddler who enters upon premises owned, leased or rented by another and after having been notified by the owner or occupant, or his agent, of such premises to leave the same and not return, shall immediately leave the premises.

(Ord. 59-09, 10-19-2009)

It shall be unlawful for any peddler to enter upon any private premises when the same are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect.

It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his or her goods, wares, merchandise or services for the purpose of inducing another to purchase the same.

It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of 5:00 p.m. and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.

(Ord. 59-09, 10-19-2009)

Peddlers are prohibited from selling their goods, wares, merchandise, or services from their vehicle when their vehicle, or any part of their vehicle, is on a portion of a public street. This section shall not apply to the sale of food items, or when the public street has been temporarily closed due to a special event pursuant to § 3.3.10 of the City of Cape Coral's Land Development Code.

(Ord. 59-09, 10-19-2009)

In addition to the regulations contained within this chapter, peddlers shall comply with any federal, state and county regulations applicable to their business.

(Ord. 59-09, 10-19-2009)

It shall be unlawful for any person to engage in business as a peddler within this city without first obtaining a permit to do so.

(Ord. 5-71, § 1b(5), 3-29-1971)

The application for a permit required by the provisions of this article shall:

(a)

Contain the name and description of the applicant, including a photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinguished manner.

(b)

Contain a statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any state or federal law or municipal ordinance of this code; the nature of the offense; the punishment or penalty assessed; and the place of conviction.

(c)

Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.

(d)

The period of time the applicant wishes to engage in business within this city.

(e)

The local and permanent address of the applicant.

(f)

If employed, the local and permanent address and the name of the employer, together with credentials establishing the exact relationship.

(g)

The kind of goods, wares, merchandise or services the applicant wishes to engage in such business within the city. The location where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced. The location where such goods or products are located at the time the application is filed and the proposed method of delivery.

(h)

The last five cities or towns wherein the applicant has worked before coming to this city.

(i)

Such other relevant information as may be required for the investigation of the applicant.

(Ord. 59-09, 10-19-2009)

At the time of filing an application for a permit required by this article, the applicant shall present a valid driver's license,or other form of picture identification.

(Ord. 59-09, 10-19-2009)

It shall be unlawful for any person to give any false or misleading information in connection with his or her application for a permit required by this article.

At the time of making application for a permit required by this article, the applicant shall submit to fingerprinting and photographing. A fee may be imposed for such fingerprinting and photograph.

(Ord. 59-09, 10-19-2009)

Before any permit shall be issued under the provisions of this article, the applicant therefor shall pay a fee, based upon the duration the applicant desires to engage in business in the city, as follows:

(Ord. 59-09, 10-19-09)

The application for a permit required by the provisions of this article shall be accompanied by a bond in the penal sum of $1,000, signed by the applicant and signed, as surety, by some surety company authorized to do business in this state, conditioned for the final delivery of goods, wares, merchandise or services in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond, or to an agent or employee of such principal.

(Ord. 5-71, § 1b(5), 3-29-1971)

An applicant that utilizes any form of motor vehicle in association with their peddling activities shall provide proof of public liability insurance to protect against liability for damage and/or injury claims arising from accidents occurring as a result of the peddlers' activities. Said insurance shall have minimum limits of $300,000 per occurrence for bodily injury liability and $50,000 for property damage.

(Ord. 59-09, 10-19-2009)

No permit shall be issued under the provisions of this article until the applicant shall have complied with all the provisions and requirements of this chapter.

No peddler's permit shall be issued to a corporation, partnership or other impersonal legal entity, but each individual person engaging in the business of peddling within the city shall be required to have a permit, whether acting for himself or herself or as an agent or representative of another.

Each permit issued under the provisions of this article shall be signed by the City Clerk, shall be dated as of the date of its issuance, and shall state the duration or term of such permit on the face thereof. Any permit not dated and signed as herein provided, or which was issued in violation of this section, shall be void.

Every peddler having a permit issued under the provisions of this article and doing business within the city shall display his or her permit upon the request of any person, and failure to do so shall be deemed a violation of this article.

(Ord. 59-09, 10-19-2009)

Every permit issued under the provisions of this article shall be valid for the period of time stated thereon, but in no event shall any such permit be issued for a period of time in excess of 12 months.

Any permit issued under the provisions of this article may be revoked for the violation by the permittee of any applicable provision of this code, state law or city ordinance. Upon such revocation, such permit shall immediately be surrendered to the City Clerk, and failure to do so shall be a violation of this article.

(Ord. 59-09, 10-19-2009)

It shall be unlawful for any person or organization to solicit or collect 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 being operated upon a public street within the jurisdictional limits of the City of Cape Coral without first obtaining a permit.

All solicitors must be at least 18 years of age.

(Ord. 59-09, 10-19-2009)

All applications for solicitation permits, in addition to the applicable provisions contained in § 13-20 above, shall include the following:

(a)

Proof of charitable status. Such proof may include, but is not limited to, proof of tax exempt status under either federal or state law;

(b)

A traffic circulation plan showing the roadways that will be affected and the location of all solicitors;

(c)

Proof of public liability insurance to protect against liability for damage and/or injury claims arising from accidents occurring as a result of the solicitors' activities. Said insurance shall have a minimum limit of $1,000,000 per occurrence for the general aggregate. Said policy shall include the City of Cape Coral as a named insured;

(d)

An indemnification agreement, on a form approved by the city, and executed by an officer or director of the soliciting organization; and

(e)

Any veteran's organization requesting to solicit contributions on Cape Coral roadways and/or intersections must provide proof it is a Nationally Registered Veteran's Organization recognized and chartered by Congress.

(Ord. 59-09, 10-19-2009; Ord. 7-13, 3-25-2013)

All applications for permits authorizing solicitation in city road rights-of-way shall be submitted to the Chief of Police for approval. In approving an application, the Chief of Police may alter the traffic circulation plan if, in his or her opinion, the submitted plan presents a hazard to either the solicitors or occupants of motor vehicles.

Failure to obtain a permit or failing to comply with the terms of a permit issued hereunder shall be punishable by a fine of not less than $150 nor more than $500.

(Ord. 42-93, 7-26-1993)