Winter Garden considers amendment to deter solicitation, peddling

Citing an increase in solicitors and peddlers, Winter Garden leaders are considering language changes and amendments to the city code that would allow for stricter control over these activities within city limits.

Winter Garden city commissioners heard the first reading of an ordinance outlining these changes at their Thursday, July 10, meeting.

“I’ve (received) a lot of complaints in the north side of my district — people coming to the door; kids answering the door,” City Commission Lisa Bennett said. “The merchants, too. … They have people sitting up front eating, and then (solicitors or peddlers) come up and want money.”

Mayor John Rees said some solicitors also are using children to act as peddlers, because people are more likely to donate to a child.

“They bring kids, let them out, then they go around and solicit people who are sitting outside … and eating,” he said.

To combat these activities, ordinance 25-22 would change city code with a revised definition of “solicitor”; prohibit certain actions of solicitors, agents or peddlers within public rights-of-way; amend requirements and procedures for solicitor permits; amend exemptions from solicitation permitting requirements for nonprofit entities; and create a way for residents and business owners to opt out of solicitations.

Regarding the definition of “solicitor,” the change would add the following language: “‘Solicitor’ shall include persons asking for cash donations or other charitable contributions of any kind, as well as persons engaged in soliciting information door-to-door to conduct polls, surveys and similar activities for a commercial purpose, but shall not include religious or political canvassing during which donations are not sought, funds are not solicited, or products are not sought to be sold.”

The change also adds this language to prohibited activities: “It is unlawful for any individual solicitor, agent or peddler to conduct any business within the public rights-of-way within the municipal limits of the city. This prohibition includes soliciting orders for the sale of any goods, wares or merchandise on foot or from a vehicle, whether motorized or not. Vehicles used to conduct business in violation of this subject may be subject to towing and impoundment.”

The changes also include two stipulations to rules for obtaining a solicitor permit: “No solicitor permit shall be granted to an individual who is under the age of 18 at the time of application. Solicitor permits are not assignable or transferable. Any individual participating in an organized effort to solicit or peddle goods, wares or merchandise, or solicit charitable donations must obtain his or her own solicitor permit.”

New language for nonprofit permit fee exemption reads: “Upon presentation of sufficient proof of charitable or benevolent intent and nonprofit status to the city manager or his/her designee, a charitable, benevolent, fraternal, educational, religious or other similar nonprofit organization or association may apply for and receive a waiver of payment of the permitting fee. If granted, such waiver shall be effective only as to the grantee, its volunteers and its direct employees, and shall not be extended to any independent contractors or for-profit entities hired, paid or retained by the grantee. The permit requirements of this article shall otherwise apply to all nonprofit entities and any individuals, whether volunteers, employees or contractors, soliciting orders for the sale of any goods, wares or merchandise or soliciting charitable contributions of any kind on behalf of such entities.”

Finally, the changes include language that enables residents and business owners to be added to a no-solicitations list, which would be obtained through the Winter Garden Police Department and shared with all solicitor permit-holders.

“Residents and businesses will also have the options to allow only charitables solicitors to visit their properties,” Planning Director Kelly Carson said. 

Commissioners unanimously approved the first reading of this ordinance. The second reading is scheduled to take place July 24.

IN OTHER NEWS
• The commission unanimously approved the first reading of a rezone request for the property at 14451, 14423, 14411, 14375 and 14345 W. Colonial Drive from C-2 (Arterial Commercial) to Planned Commercial Development. This would pave the way for the development of four commercial buildings totaling 46,432 square feet. The project would include retail/office/restaurant spaces in three of the buildings, with the fourth building being occupied by Solomon Auto Body repair. The existing Solomons Auto Body would be demolished. The second reading is scheduled to take place Thursday, July 24.

• Commissioners unanimously approved the first reading of a proposal to annex 1.88 acres at 1150, 1158, 1166 and 1204 Avalon Road into the city. The second reading is scheduled for Thursday, July 24.

• City commissioners approved amendments to the 2024-25 budget revenues. The new revenues are: General Fund, $348,406; General Fund Police Impact Fe, $140,000; Utility Operating Fund, $500,000; and Stormwater Fund, $314,092 — a total of $1,302,498.

• The commission approved the Back-to-School Bash to take place from 11 a.m. to 4 p.m. Saturday, Aug. 2, at Zanders Park, 362 11th St., Winter Garden. The event will feature water games, foam party and a pool party; school supplies will be given to kids.