Bonita Springs, FL Public Conduct: Aggressive Panhandling (2026)
Key Facts
- Median rule
- No occupying a median under six feet wide on arterial or collector roads
- Prima facie trigger
- Two consecutive opportunities to cross missed
- Vehicle contact
- No physical interaction or transfer with occupants of moving traffic
- Solicitation ban
- Section 34-42(4) bars charitable, religious, political and sale solicitation in rights-of-way
- Maximum penalty
- Fine not exceeding $500.00 or 60 days, or both
Summary
In the City of Bonita Springs, Florida, roadside solicitation is controlled through Chapter 34. Section 34-19 makes it unlawful to stand in a median that is not a sufficient pedestrian refuge or to interact physically with a vehicle occupant on an arterial or collector road, and § 34-42(4) lists solicitation for charitable, educational, religious or political purposes as a prohibited use of rights-of-way.
(a)Except as provided herein, or as otherwise permitted by law, it is unlawful to make any use of any public rights-of-way in a manner that interferes with the safe and efficient movement of people and property from place to place on a public road or right-of-way. Such prohibited activity includes by way of example and not limitation:(1)Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge on an arterial or collector road by a pedestrian when that pedestrian is not in the process of lawfully crossing the road in accordance with applicable traffic and safety laws. ... b.A "sufficient pedestrian refuge" is defined as a paved or unpaved median separating lanes of traffic that is at least six feet wide, measured from the back of curb to back of curb.(2)Engaging in any physical interaction between a pedestrian and an occupant of a motor vehicle, including the transfer of any product or material, while the moto vehicle is located on the travelled portion of an arterial or collector road and is not legally parked.
Full Breakdown
Section 34-19, adopted as Ord. No. 21-04 on 5-19-2021, is titled Dangerous use public rights-of-way. It makes it unlawful to use any public right-of-way in a way that interferes with the safe and efficient movement of people and property on a public road. Two examples carry the weight for anyone working a roadside.
First, a pedestrian who stops, stands or otherwise occupies a median that is not a sufficient pedestrian refuge on an arterial or collector road, and who is not lawfully crossing, violates the section. A sufficient refuge is a paved or unpaved median separating lanes of traffic that is at least six feet wide, measured from back of curb to back of curb. Staying in such a median through two consecutive opportunities to cross is prima facie evidence of a violation.
Second, any physical interaction between a pedestrian and an occupant of a motor vehicle is unlawful when the vehicle is on the travelled portion of an arterial or collector road and is not legally parked. The text includes the transfer of any product or material. The phrase public rights-of-way takes the meaning in Section 334.03(22), Florida Statute.
Section 34-19(b) protects law enforcement, fire and rescue and other government employees or contractors, people doing inspection, construction, maintenance, repair or survey work, anyone responding to lend aid in an emergency, people entering or exiting a bus or other public transit system, use of roads closed to vehicles for a permitted special event, and activities authorized by a utility franchise agreement.
Section 34-42 separately makes it unlawful to make any commercial use of the rights-of-way of any road, street or highway in the city, and item (4) names the solicitation for the sale of goods, property or services for charitable, educational, religious or political purposes. Section 34-43(1) carves out one exception: during a road closure for a city permitted special event, the permit holder can solicit funds or donations as a condition of the permit.
Violations & Fines
A violation of § 34-19 is punished under § 1-15: a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both, and the Lee County Sheriff can enforce it. Each separate occurrence is a separate offense. The city council can also go to court for an injunction. Violations of § 34-42 are punished the same way under § 34-44, or the city can bring them before the code enforcement hearing examiner.
Frequently Asked Questions
Can someone stand in a median in Bonita Springs to ask for money?
Is handing something to a driver against the law?
Are charity fundraisers allowed on city roads?
Who enforces these rules?
What is the penalty?
Sources & Official References
Other rules in Bonita Springs
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