PROPOSED

ORDINANCE NO. ________

ORDINANCE NO. ________

AN ORDINANCE CREATING SECTION 8-1-28 OF THE CODE OF THE

CITY OF PENSACOLA FLORIDA; DEFINING THE DOWNTOWN
VISITORS DISTRICT AND REGULATING THE CONDUCT OF
INDIVIDUALS ON SIDEWALKS AND PUBLIC RIGHTS-OF-WAY
THEREIN; PROVIDING DEFINITIONS; PROHIBITING
SOLICITATION OF DONATIONS; PROVIDING PENALTIES
THEREFOR; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF PENSACOLA, FLORIDA:

SECTION 1. Section 8-1-28 of the Code of the City of Pensacola, Florida, is hereby created
to read:

Sec. 8-1-28. Regulation of Conduct In The Downtown Visitors District.

(1) Legislative Findings. The City Council of the City of Pensacola hereby makes the
following legislative findings and declares them to be true and accurate:

a. The City of Pensacola has substantial governmental interests in promoting and

protecting tourism, encouraging the expansion of the Citys economic base by
attracting and maintaining new investments, creating an attractive infrastructure that
encourages quality development and protecting the Citys economy.

b. The Downtown Visitors District (defined herein) is located within a geographical area
of unique historic and business districts in the City of Pensacola which are nationally
and internationally recognized as premier tourist designations.

c. Tourism is one of Floridas most important economic industries and the City of
Pensacola is one of the preeminent tourist destinations in the Florida Panhandle.

d. Over the last 20 years, public and private investment in the Downtown Visitors
District has resulted in the redevelopment and revitalization of the core downtown
business district comprised of a multitude of dining and entertainment venues that
include restaurants, sidewalk cafes and nightclubs, theaters, museums, cultural centers,
City parks and retail establishments where residents, visitors and tourists visit, shop,
dine, and attend area events.

e. The City of Pensacola has a significant governmental interest in providing its residents,
visitors, and tourists with a pleasant, enjoyable, and safe environment free of nuisance
activity.

f. Panhandling activities impede public use of the sidewalks and public rights-of-way,
and adversely impact tourism in the revitalized Downtown Visitors District. As well,
 these activities threaten the economic vitality as well as the existence of a pleasant,
enjoyable, and safe environment in the Downtown Visitors District.

g. Panhandlers often disrupt the daily activities that occur at outdoor cafes, restaurants,
nightclubs, entertainment venues and other downtown commercial establishments by
disrupting business and physically approaching, harassing, or intimidating residents,
visitors, and tourists in places where it is difficult or not possible to exercise the right
to decline to listen to them or avoid their requests.

h. Panhandlers also obstruct the sidewalks and rights-of-way located within the
Downtown Visitors District causing pedestrians to step into moving traffic or to come
in contact with other pedestrians, thus endangering their safety and the safety of
others.

i. The City of Pensacola and owners of retail establishments as well as residents, visitors
and tourist have complained about panhandlers soliciting donations on sidewalks and
rights-of-way in the Downtown Visitors District.

j. The City of Pensacola recognizes and acknowledges that panhandling is entitled to

First Amendment protection and its regulation must be content neutral and narrowly
tailored to serve a significant government interest while leaving open alternative
channels of communication.

k. The City of Pensacola has a significant governmental interest in adopting this

regulation is to engage in a reasonable, limited, time, place and manner regulation in a
manner approved by the courts.

l. The City of Pensacola finds that there are ample alternative public venues for such
expressive activities outside of the Downtown Visitors District.

m. The City of Pensacola further finds that without the regulations being adopted in this
section of the City Code, the investment in redeveloping the Downtown Visitors
District from a deteriorated partially vacant commercial area into its current vibrant
and popular resident, visitor and tourist venue will be jeopardized.

n. The City of Pensacola finds that this regulation is a content-neutral, narrowly tailored
regulation intended to address and curb the problems unique to the subject area and
do not unreasonably interfere with constitutionally protected rights.

o. The regulations set forth in this ordinance are further the Citys afore-stated interests
and are not intended to prohibit the exercise of a persons protected constitutional
rights under the First Amendment.

p. The City of Pensacola finds that this ordinance furthers the significant governmental
interest of the City of Pensacola in providing its residents, visitors, and tourists with a
pleasant, enjoyable, and safe environment free of nuisance activity and will preserve
 and enhance the various economic and tourism interests of the City and is in the best
interest of the public.

(2) Definitions.

a. The Downtown Visitors District is hereby defined as the streets, adjacent sidewalks and
pedestrian city rights-of-way within the following area:

The geographic area defined by the boundaries of the following named streets,
including both sides of each named street, public areas including sidewalks and rights
of way adjacent to both sides of each named street and each corner of intersecting
named streets: Beginning at the intersection of Wright Street and Spring Street (being
the point of beginning); then continuing east to the intersection of Wright Street and
Tarragona Street; then continuing south on Tarragona Street to the intersection of
Tarragona Street and Main Street; then continuing west on Main Street to
Commendencia Street; then continuing south on Commendencia Street until the
terminus of Commendencia Street; then continuing directly west from the terminus of
Commendencia Street across the parking lot to the intersection of Jefferson Street;
then continuing south on Jefferson Street to the beginning of Palafox Street including
the loop of Palafox Street around Plaza de Luna; then continue north on Palafox Street
to the intersection of Palafox Street and Main Street; then continue west on Main
Street to the intersection of Main Street and Spring Street; then continue north on
Spring Street to the point of beginning.

b. Solicitation of donations means any request made in person on a street, sidewalk or public
right-of-way within the Downtown Visitors District, for an immediate donation of
money or other thing of value, including the purchase of an item or service for an
amount far exceeding its value, under circumstances where a reasonable person would
understand that the purchase is a donation, whether such solicitation is accomplished
verbally, passively or through any manner of signage.

(3) Prohibited Conduct. The following conduct is prohibited upon the sidewalks and public
rights-of-way within the Downtown Visitors District:

a. Solicitation of donations.

(4) Penalties. This sec. 8-1-28 of the Code of the City of Pensacola, Florida, shall be enforced
in the manner provided in sec. 7-4-14, pertaining to violations of sec. 7-4-13 of the Code.

SECTION 2. If any word, phrase, clause, paragraph, section or provision of this ordinance or
the application thereof to any person or circumstance is held invalid or unconstitutional, such finding
shall not affect the other provision or applications of the ordinance which can be given effect without
the invalid or unconstitutional provisions or application, and to this end the provisions of this
ordinance are severable.
 SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.

SECTION 4. This ordinance shall become effective on the fifth business day after adoption,
unless otherwise provided pursuant to Section 4.03(d) of the City Charter of the City of Pensacola.

Adopted: ___________________________

Approved: ___________________________
President of the City Council

Attest:

__________________
City Clerk