(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTION. The offering, giving, distributing or making available for distributing of any item of property, including but not limited to food, drink, leaflets or other written materials, by any person or who is a bona fide resident of Clay County, Indiana, and any organization which is located or based in Clay County, Indiana.
ORGANIZATION. A person or group of persons who is or are bona fide residents of Clay County, Indiana; and any corporation, whether for-profit or not-for-profit; any charitable association, corporation or entity; any church or other religious-based entity; any civic group or entity; any service club or entity; any labor union or other labor-based association or entity; and any municipal, county, state or federal governmental group, department, agency or entity of any governmental unit, or other organization which is has an office or locally based location within Clay County, Indiana, including any national, state or regional charitable, religious or educational organization.
PUBLIC PLACE. Includes any street, alley, highway, sidewalk, park, public conveyance, building or other place that is open or available to the general public at large and owned, operated and maintained by any municipal, county, state or federal governmental unit or entity.
SOLICITATION. The requesting, pleading, appealing or the attempt or exercise of requesting, pleading, appealing for the purpose of obtaining money or other objects as donations from members of the general public by any organization, charitable or otherwise, on or within any public place.
(B) Solicitation or distribution. Any person or organization that desires to engage in the solicitation of money or other objects or to engage in the distribution of any item of property from or to members of the general public at or on any public place located within the corporate limits of the City of Brazil must, prior to solicitation or distribution, register the name of the person or organization who desires to engage in solicitation or distribution with the Clerk-Treasurer during normal business hours of that office at least 2 weeks prior to the intended date of solicitation or distribution. Registration shall include the following information:
(1) The name and address of the organization intending on engaging in solicitation or distribution;
(2) The date(s) of the planned solicitation or distribution;
(3) The intended locations(s) of the planned solicitation or distribution;
(4) The purpose of the intended solicitation or distribution; and
(5) The name and address of any person in charge of or supervising the intended solicitation or distribution.
(C) Solicitation or distribution requirements. Any person or organization engaging in solicitation or distribution pursuant to this chapter shall comply with the following:
(1) Place or carry a flat sign or placard not attached to any container in a place clearly visible to the general public affected by the solicitation or distribution that clearly identifies the organization engaging in the solicitation or distribution to the public affected thereby and that is clearly readable to persons in vehicles and pedestrian passers-by;
(2) The sign or placard shall state the purpose of the solicitation or distribution;
(3) The intended solicitation or distribution shall be performed only during daylight hours;
(4) The person or persons engaging in the solicitation or distribution shall wear bright colored protective vests that are clearly visible to motorists and other passers by if the solicitation or distribution is occurring at or on a public street, road or highway, or the intersection thereof; and
(5) The Police Department may cause any solicitation or distribution provided for by this ordinance to cease or terminate if any congested traffic condition or emergency occurs.
(D) Solicitation or distribution limited. Any person or organization engaging in solicitation or distribution within the corporate limits of the City of Brazil, or desiring to engage in solicitation or distribution, shall be entitled to do so only 1 time during any calendar year. Any desired solicitation or distribution more than 1 time per year shall be at the sole discretion of the Board of Public Works and Safety.
(Ord. 12-2003, passed 9-9-2003) Penalty, see § 112.99