§ 21-36.3. Roadway solicitation or collection; applicable area; prohibition at enumerated roadways; penalty for section violation.

(a)

Solicitor or collector shall mean any person who sells or offers for sale any thing or any service of any kind, or who seeks to solicit or collect any donation of any kind, or who personally hands to or seeks to transmit by hand or receive by hand any thing or service of any kind, whether or not payment in exchange is required or requested, to any person or organization who operates or occupies a motor vehicle of any kind, which vehicle is engaged in travel on or within any portion of any of the streets or roadways in the county, whether or not such vehicle is temporarily stopped in the travel lanes of the road. The term shall not apply to any person who merely holds or displays a sign lawfully permitted to be displayed by a person, as long as there is no entry by such person or sign into any portion of the roadway or its median. Further, this term shall not apply to official citations or notices provided pursuant to governmental authority.

(b)

Applicable area. This section shall be applicable only in the unincorporated areas of Miami-Dade County.

(c)

Prohibited roadways. No solicitor or collector may stand or walk within any public right-of-way, including sidewalks, bike paths, and medians within 250 feet of the following intersections for any of the purposes listed in Section 21-36.3(a). Two hundred fifty (250) feet is measured from the lateral curb or boundary line of the below listed intersections:

(1)

SW 137 ^th Avenue & SW 88 ^th Street.

(2)

SW 127 ^th Avenue & SW 88 ^th Street.

(3)

SW 157 ^th Avenue & SW 88 ^th Street.

(4)

SW 137 ^th Avenue & SW 104 ^th Street.

(5)

SW 137 ^th Avenue & SW 120 ^th Street.

(6)

SW 137 ^th Avenue & SW 152 ^nd Street.

(d)

Revisions. The Board of County Commissioners shall have the continuing authority to update, amend, or revise the list of intersections enumerated in subsection (c) by resolution as often as needed, but must update the list every ten (10) years at a minimum from the effective date of this ordinance.

(e)

Chapter 316, Florida Statutes. The enforcement of this section shall not, in any way, preclude the enforcement of Florida Statutues § 316.130(3)—(5), as applicable.

(f)

Enforcement. It shall be the duty of all County officers to enforce the provisions of this section. Any person who violates this section shall be subject to the enforcement provisions of Chapter 8CC of the Code of Miami-Dade County, and/or shall be prosecuted before a court of competent jurisdiction and subject, upon conviction, to the penalties listed in Section 21-36.3(g) and within the discretion of the county judge.

(g)

Penalties. Any person convicted of a violation of the provisions of this section may be punished by:

(1)

A first violation of this section: a written warning or reprimand.

(2)

Subsequent violations of this section: a fine of no less than thirty dollars ($30.00) for the first offense; a fine of no less than $50.00 for the second offense; a fine of $100.00 for the third offense and each offense thereafter, and/or completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order 2-12 of the Board of County Commissioners.

(Ord. No. 15-60, § 1, 6-30-15; Ord. No. 16-128, § 2, 11-1-16)