Sec. 82-2. - Obstructing roads prohibited.
(a)
Territory embraced. All county- and state-maintained collector and arterial roads, and the portion of any local public roadway that is within 440 feet of a collector or arterial roadway, within the legal boundaries of Pasco County, including such roads located within municipalities, shall be embraced by the provisions of this section. Provisions below prohibiting commercial use of the right-of-way apply to all public roads in the unincorporated area of Pasco County.
(b)
Definitions.
Charitable solicitation means a request, directly or indirectly of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable purpose, including any benevolent, religious, philanthropic, patriotic, educational, humane, scientific, artistic, public health, social welfare or advocacy, environmental conservation, civic, or other eleemosynary objective. A solicitation is considered as having taken place whether or not the person making the solicitation in fact receives any contribution.
Commercial activity includes, but is but not limited to, vending or sale of goods, display of goods for sale, storage of goods for sale or in connection with commercial activity, or repair or manufacturing of goods. Commercial activity does not include expressive activity as defined in this chapter. Signage, whether on-premises or off-premises, is not "commercial activity" regulated by this chapter.
Daylight hours means the hours after sunrise but before sunset according to the times for sunrise/sunset provided by the United States Naval Oceanography portal, Astronomic Applications Department, for the location "New Port Richey" (tables available online at the time of adoption of this section at http://aa.usno.navy.mil/data/docs/RS_OneYear.php).
Expressive activity means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory, distribution of literature, charitable solicitation, panhandling, and distribution/sales of newspapers.
Indigent means a person who is unable to pay the fee without substantial hardship to the person or the person's family, and who would be determined to be indigent pursuant to the criteria in F.S. § 27.52.
Motorist means the operator of, or any passenger within, any motor vehicle being operated upon a road.
Organization means an entity or person that is qualified under § 501(c)(3) of the Internal Revenue Code and registered under F.S. ch. 496.
Panhandling means begging for alms by individuals soliciting charity on their own behalf for their own benefit.
Road means that portion of the public collector and arterial right-of-way located within the area from the outside of the shoulder to the outside of the shoulder, and which is open for use by motor vehicle traffic, plus four feet outside of the shoulder. The road shall include collector and arterial streets, roadbeds, medians, islands, shoulders, and all other ways open to travel by operators of motorized vehicles on county-maintained or state-maintained collector and arterial roads within Pasco County, including those portions of county-maintained and state-maintained collector and arterial roads located within a municipality, and including the first 440 feet of local roadways that intersect with county-maintained and state-maintained collector or arterial roadways, as measured from the edge of pavement of the crossing collector or arterial roadway. For purposes of this definition, collector and arterial roadways or right-of-way shall be those roadways classified as collector, arterial, controlled access, or freeway roadways on the Pasco County comprehensive plan future traffic circulation map series (presently maps 7-22, 7-24, 7-35, and 7-36), or classified as a collector, arterial, controlled access, or freeway roadway pursuant to the functional classification or reclassification procedures and criteria established pursuant to the Pasco County comprehensive plan.
Roadway solicitation means expressive activity that seeks or results in an exchange of objects between a person in the road and a motorist or occupant of a vehicle. The term includes, but is not limited to, newspaper sales, panhandling, and charitable solicitation. Roadway solicitation does not include commercial activity.
(c)
Commercial activities. No person may use a public right-of-way for commercial activity.
(d)
Expressive activities. Persons may use public rights-of-way for expressive activities which do not seek or result in an exchange of objects between a motorist and person in the road. Activities allowed without limitation under this subsection include, but are not limited to: sign holding; picketing; in-person advertising including dancing, spinning and costumed appearances on the public rights-of-way; and distribution of literature.
(e)
Roadway solicitation. Expressive activity that seeks or results in an exchange of objects between a person in the road and a motorist or an occupant of a vehicle (including, but not limited to, newspaper sales, panhandling, and charitable solicitation) shall be called "Roadway solicitation" and is prohibited.
(f)
Exemptions. The following persons do not fall within the scope of regulations in this chapter:
(1)
Pedestrians lawfully traversing the roads at a designated crosswalk who are not engaged in commercial activity or roadway solicitation.
(2)
Persons rendering emergency service or repair.
(3)
Persons engaged in roadway solicitation (as defined in this section) on Sunday during daylight hours, but only when all of the following conditions are met:
a.
The person engaging in roadway solicitation does not persist or initiate further contact (by word, action, or gesture) with a motorist or occupant of a vehicle after a solicitation has been denied, ignored, or rejected;
b.
The person engaging in roadway solicitation does not act in a demanding or harassing manner, including, but not limited to, knocking on or touching any portion of the vehicle;
c.
The person engaging in roadway solicitation does not request or cause a motorist or occupant of a vehicle to (a) stop or slow the motor vehicle, or (b) open the door of a motor vehicle;
d.
The person engaging in roadway solicitation does not use any sound or voice-amplifying apparatus or device;
e.
The person engaging in roadway solicitation is at least 18 years of age;
f.
The person engaged in roadway solicitation shall possess state-issued picture identification on his or her person at the time of the solicitation;
g.
The person engaging in roadway solicitation shall wear a high-visibility vest at the time of the solicitation;
h.
When a traffic signal allows motorists in that lane to proceed, the person engaging in roadway solicitation shall be standing either on a median or at least two feet outside the shoulder of the road; and
i.
No person engaging in roadway solicitation shall cause delay of any length to any motorist with the right to proceed on the roadway.
j.
Persons engaging in charitable solicitation shall possess proof of registration with the Department of Agriculture and Consumer Services pursuant to F.S. § 496.405 (or proof that the soliciting organization is exempt from the registration requirement) on his or her person at the time of the solicitation.
(g)
Violations. The following acts or omissions are violations of this section:
(1)
Using a public right-of-way for commercial activity.
(2)
Engaging in roadway solicitation on a road as defined in this section except on Sunday during daylight hours.
(3)
Persisting or initiating further contact (by word, action, or gesture) with a motorist or occupant of a vehicle after a solicitation has been denied, ignored, or rejected.
(4)
Acting in a demanding or harassing manner during a roadway solicitation, including, but not limited to, knocking on or touching any portion of the vehicle.
(5)
The person engaging in roadway solicitation does not request or cause a motorist or occupant of a vehicle to (a) stop or slow the motor vehicle, or (b) open the door of a motor vehicle.
(6)
Using any sound or voice-amplifying apparatus or device during a roadway solicitation.
(7)
Engaging in roadway solicitation when younger than 18 years of age.
(8)
Engaging in roadway solicitation without possessing state-issued picture identification on his or her person at the time of the solicitation.
(9)
Engaging in roadway solicitation without wearing a high-visibility vest at the time of the solicitation.
(10)
A person engaged in roadway solicitation is not standing either on a median or at least two feet outside the shoulder of the road when a traffic signal allows motorists in that lane to proceed.
(11)
A person engaged in roadway solicitation causes delay of any length to any motorist with the right to proceed on the roadway.
(12)
A person engaged in charitable solicitation without possessing proof of registration with the Department of Agriculture and Consumer Services pursuant to F.S. § 496.405 (or proof that the soliciting organization is exempt from the registration requirement) on his or her person at the time of the solicitation.
(h)
Penalties. Any person who is found to be in violation of any provision of this section shall immediately cease the activity in violation and may be issued a citation punishable by a fine not to exceed $500.00. Failure to immediately cease the activity in violation may result in arrest by a law enforcement officer under F.S. § 901.15(1). Each day a violation of a provision of this chapter exists, and each action in violation of a provision of this chapter shall constitute a separate offense. Issuance of a citation does not preclude an action for injunction, or any other legal remedy available to Pasco County.
(Ord. No. 96-06, §§ 1—3, 3-13-96; Ord. No. 11-10, § 1, 7-26-11)
Cross reference— Businesses, ch. 22; offenses and miscellaneous provisions, ch. 66; parks and recreation, ch. 70; peddlers and solicitors, ch. 74; traffic and vehicles, ch. 106; boating and water safety, § 114-26 et seq.
Sec. 82-2. - Obstructing roads prohibited.
Obstructing, by any means, any public or county right-of-way, or county easement, used as a street, road, highway, or causing such obstruction, is prohibited. Obstructing, by any means, any private right-of-way, or private easement for ingress and egress, used as a street, road, highway, or causing such obstruction, is prohibited if such obstruction interferes with the efficient delivery of emergency or law enforcement services.
This section does not prohibit obstruction of a private right-of-way or private easement for ingress or egress by a person with exclusive ownership, according to the recorded instruments of the county, of that right-of-way or easement.
(Ord. No. 03-29, § 2, 11-4-03)