§ 99.010  PROHIBITING USE OF PUBLIC RIGHT- OF- WAY FOR THE PURPOSE OF SELLING GOODS AND SOLICITATIONS.
   (A)   No street, sidewalk, space between the sidewalk and curbing (commonly known as "parkstrip"). curbing, or the commonly traveled portion of any street in the city, including any median (the portion of a divided highway separating the traveled ways for traffic in opposite directions), shall be utilized by any person for the purpose of sale or distribution without charge of any goods or materials, and/or the solicitation of donations for charitable purposes from the drivers or occupants of any motor vehicle.
   (B)   For the purposes of this section SALE or DISTRIBUTION shall mean the physical exchange of goods or materials with or without remuneration.
   (C)   Nothing in this section shall prohibit the sale or distribution without charge to, and/or the solicitation of donations for charitable purposes (“Charitable Solicitation”) from persons other than the drivers or occupants of motor vehicles, which persons are not on the traveled portion of any street or median in the city.
   (D)   The prohibitions of this section shall only apply to major arterial streets as that classification is utilized in the Office of Traffic Engineering of the city.
   (E)   The prohibitions on solicitation in § 99.010(A) and Charitable Solicitation in § 99.010(C) do not apply to charitable organizations or persons and organizations acting on their behalf or for their benefit which have been issued a permit under this division (E) and who are in compliance with all other provisions of § 99.010. A charitable organization or an organization acting on their behalf wishing to perform Charitable Solicitation while standing on a parkstrip, curbing, or the commonly traveled portion of any street in the city, including any median, must comply with the following requirements in order to be excepted from the prohibition listed in § 99.010(A):
      (1)   Not less than 14 days prior to the date desired for charitable solicitation, submit a complete application to the FWPD, with a copy sent to the Chief of Police, for a charitable solicitation permit ("charitable solicitation permit"). The application shall require the charitable organization or organization acting on their behalf to provide its full name, a point of contact for the organization, the desired date(s), time(s) and specific location(s) for soliciting, the name, mailing address and phone number of the group which will be engaging in solicitation activities on behalf of the charitable organization, and an agreement by the organization indemnifying the city and holding the city harmless from any and all claims, suits, demands, damages, and attorney fees arising out of or related to the acts or omissions of persons soliciting for the organization. The form may require further information that is reasonably necessary to the direct enforcement of this section and the purposes of this article.
      (2)   At the time of submitting a completed application, the charitable organization shall also submit the following and failure to do so shall render the application incomplete:
         (a)   Written proof of liability insurance in the amount of at least $1,000,000 per occurrence that insures the applicant and all persons who will be soliciting. The policy must include the City of Fort Wayne as an additional insured.
         (b)   An application permit fee of $300. This fee will be used to defray the city's cost of processing the application and compliance monitoring on the street. This fee is nonrefundable, unless the permit is denied.
         (c)   Written proof that the organization benefitting from the collection is a charitable organization that is qualified under § 501(c)(3) of the Internal Revenue Code.
      (3)   Additional solicitation activity restrictions.
         (a)   No more than one permit per calendar year may be issued to an organization.
         (b)   Street soliciting under a permit shall be authorized for no more than three consecutive calendar days, and shall be limited to the period of 9:00 a.m. and until one half hour prior to sunset, at the approved location(s) specified in the application.
         (c)   All solicitors must be 18 years of age or older and must be an employee of the City of Fort Wayne.
         (d)   No solicitor may impede traffic at any time.
         (e)   All solicitors must wear an identification badge which identifies the charitable organization soliciting contributions and allows motorists to verify the organization's authenticity.
         (f)   A safety plan must be submitted with the application for the permit. This plan must include a description of collection notification signs to be used and safety equipment and procedures to be used by those individuals collecting for the charitable organization.
         (g)   No solicitor may touch or knock upon any part of any motor vehicle while soliciting.
(Ord. G-20-91, passed 7-9-91; Am. Ord. G-21-19, passed 8-27-19)  Penalty, see § 99.999