§ 10-39. Roadway soliciting and permitting.

(a)

No person, business entity, organization or group shall seek to solicit donations from any motorist or pedestrian from a public street, road, highway or other public way without first obtaining a solicitation permit from the city council.

(b)

In order to obtain a solicitation permit, the person, business entity, organization or group must have a representative complete a form known as the solicitation registration form which can be obtained personally or on behalf of the entity, organization or group at city hall. The form shall be completed by the person, business entity, organization or group, also known as the applicant, and it shall contain the following information:

(1)

The name and home or business address of the applicant;

(2)

A brief description of the nature and purpose of the solicitation, promotion, cause and the goods or services offered;

(3)

If applicable, the name and address of the employer or affiliated organization of the applicant with credentials from the employer or organization showing the exact relationship and authority of the applicant;

(4)

The specific address or location of each street, road, highway or other public way from which the applicant wishes to solicit donations;

(5)

The length of time for which the privilege to solicit donations is desired;

(6)

Provide copy of proof of liability insurance covering the person, business, entity, organization or group or event. The liability policy must provide $1,000,000.00 or more in liability coverage, and an endorsement naming the city and its officers and employees as an additional insured;

(7)

Release and hold-harmless agreement releasing and indemnifying the city against any and all liability and expenses whatsoever, for bodily injury or death, including, without limitation, injury or death to any person, including, but not limited to, agents, employees, servants or volunteers of the soliciting organization or persons being solicited, which may be causally related to any act of fault, negligence or intentional, willful or wanton misconduct of the soliciting agent acting on behalf of the organization;

(8)

Any other such information concerning the applicant and its business or purpose as may be reasonably necessary to accurately describe the nature of the privilege desired.

(c)

The application, upon completion and signature, shall then be forwarded to the clerk of the council for placement on the agenda of the next regularly scheduled council meeting.

(d)

The council shall take up the application at the next regularly scheduled council meeting for approval.

(e)

The applicant shall be granted an opportunity to discuss and have input before the council with regard to approval of the application.

(f)

If the applicant has provided valid information on the solicitation registration form to the satisfaction of the mayor and council and the chief of police confirms that the proposal within the solicitation registration form poses no threat to the applicant or passing motorist or creates unnecessary traffic congestion on public streets, roads, highways or other thoroughfare the council shall approve issuance of a solicitation permit at no cost to the applicant.

(g)

The solicitation permit shall be deemed sufficient to allow solicitation for the times and dates stated therein. However, under no circumstances shall the applicant be allowed more than three successive days of soliciting or more than 12 times per year.

(h)

Approval of a solicitation permit shall be good for one year from the date of issuance by the council. Any person, entity, organization or group wishing to make solicitations on more than one occasion not exceeding three consecutive days during a period of one year shall fill out a new solicitation registration form for the dates and times and include the required information. Provided that the solicitation is made within one year of the granting of the solicitation permit, a solicitation registration form meeting all requirements of this section may be approved by the tax collector in city hall and the chief of police with confirmation that the proposal within the solicitation registration form poses no threat to the applicant or passing motorists nor creates unnecessary traffic congestion in public streets, roads, highways or other thoroughfares. The applicant will not have to seek approval of the city council.

(i)

Any person or persons soliciting donations after having been granted a solicitation permit on behalf of themselves or business entity, organization or group shall be required to adhere to the following safety precautions while soliciting:

(1)

Wear a safety-orange or safety-green vest in order to be visible to passing motorists;

(2)

Wear a name tag bearing the name of the person, business, entity, organization or group soliciting donation, the name of the person, business, entity, organization or group for which the donations are being sought and the home or business address of the person, business, entity, organization or group soliciting donations;

(3)

Abide by state and local traffic and safety ordinances and laws and use good judgment when soliciting donations in traffic on public streets, roads, highways or other thoroughfares so as not to present any risk of harm to themselves, motorists or pedestrians.

(j)

Any person who makes solicitations of the public for donations on any public street, road, highway or other public thoroughfares on behalf of any business entity, organization or group without possessing of a copy of an original solicitation permit form showing the approved dates of collection of donations shall be ordered to cease and desist immediately from collecting any contributions immediately. The city police department shall be allowed to enquire of persons soliciting for the permit in order to ensure the safety of the persons soliciting and that of motorist or pedestrians. Any person or persons who fail to cease and desist soliciting donation after being warned may be charged with the misdemeanor crime of illegal solicitation of donations; anyone who commits this crime shall be fined not more than $500.00 or be imprisoned for not more than 180 days, or both.

(Code 1968, § 12-35; Code 1968, § 12-35; Ord. No. 2007-12, 1-8-2008)