§ 42-11. No panhandling/no solicitation areas.

(a)

Definitions.

Clinton Square shall mean that area of the historic district, including its streets and sidewalks, and its interior park, bounded by Whitehead Street from Greene Street to Front Street, Front Street from Whitehead Street/David Wolkowsky Street to Greene Street, and Greene Street from Front Street to Whitehead Street.

Core Commercial Tourist Area shall mean:

(1)

All areas of public and semipublic sidewalks, streets and rights-of-way bordered by Whitehead Street to the west, the Atlantic Ocean to the south, Simonton Street to the east and the Key West Harbor to the north including all intersecting and side streets, more particularly described in Exhibit A;

(2)

The entire length of Front, Caroline and Greene Streets;

(3)

The area commonly known as the Key West Bight including all public and semipublic lease hold areas and common areas bordered by Caroline Street to the south, Elizabeth Street to the west, Trumbo Road to the east and the Key West harbor to the north including the Harborwalk from Front Street to Grinnell Street, more particularly described in Exhibit B;

(4)

The entire length of Atlantic Boulevard extending to the Atlantic Ocean; Bertha Street from Atlantic Boulevard to S. Roosevelt Boulevard; and S. Roosevelt Boulevard from Bertha Street to Flagler Avenue, more particularly described in Exhibit C.

Mallory Square shall mean all public and semipublic areas of Mallory Square including its pier, parking lot, the Waterfront Playhouse, the Sculpture Garden, and that portion of any other structure facing Mallory Square; Tift Alley; and Wall Street bordered by Front Street to the south, Duval Street to the east, Clinton Square Market to the west and the Key West Harbor to the north, more particularly described in Exhibit D.

Panhandling shall mean begging or asking or soliciting money or goods for charity or personal gain, whether by word, bodily gestures, signs or other means.

Solicitation shall mean an offer by a person to perform a service or to sell a good in exchange for money or other type of compensation. For the purposes of this section, solicitation shall not mean such an offer by:

(1)

A person who holds a business tax receipt issued by the city for a business location when the offer is made at such location;

(2)

A person who holds a mobile vendor's license, a coconut palm frond permit, or other specific license or permit issued by the city; or

(3)

A person who holds a street performer or street artist permit pursuant to section 6-2 of the Code of Ordinances.

Southernmost Point shall mean that area of the Historic District, including the Southernmost Point Monument and including the sidewalks and streets bounded by South Street from Duval Street to Whitehead Street and Whitehead Street from South Street to United Street.

(b)

Prohibition. Panhandling and solicitation are prohibited (in) (at):

(1)

Clinton Square,

(2)

Mallory Square,

(3)

The Core Commercial Tourist Area,

(4)

The Southernmost Point,

(5)

While under the influence of alcohol or a controlled substance,

(6)

Any city designated park,

(7)

The fenced-in area of the city cemetery,

(8)

White Street Pier from Atlantic Boulevard to the Atlantic Ocean,

(9)

Within 20 feet of any:

i.

Entrance to any financial institution or automatic teller machine,

ii.

Parking meters or parking pay stations,

iii.

Lawfully permitted outdoor dining area,

iv.

Public or private transit stop, taxi stand, taxis while loading or unloading passengers, or public transit vehicles,

v.

Any designated historic monument, site or tourist attraction.

The city manager shall post signs in each area advising the public of this prohibition.

(c)

Nonaggressive panhandling will be permitted at all other areas within the City of Key West not contained in paragraph (b) above. Nonaggressive panhandling will also be permitted within the Core Commercial Tourist Area[,] in designated zones at Mallory Square and on the south side of the 900 block of Caroline Street, more particularly described in Exhibit E. The city manager shall post signs prominently designating said permitted panhandling zones. The city commission for the City of Key West may change, alter or move permitted panhandling areas by passage of resolution.

(d)

Penalty. A violation of this section shall be punishable in accordance with section 1-15 of the Code of Ordinances.

(Ord. No. 02-13, § 1, 5-7-2002; Ord. No. 03-06, § 1, 1-22-2003; Ord. No. 05-06, § 1, 2-15-2005; Res. No. 06-292, § 1, 9-6-2006; Ord. No. 12-03, § 1, 2-22-2012)

Editor's note

Exhibits A—E are not set out herein but are available for inspection in the offices of the city clerk.