SOLICITATION IN CROSSWALKS, HIGHWAYS,
INTERSECTIONS OR ROADWAYS
INTERSECTIONS OR ROADWAYS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CROSSWALK.
(1) The part of a roadway at an intersection within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
HIGHWAY. Any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches to them.
INTERSECTION.
(1) The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways, which join one another, but not necessarily continue, at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict; or
(2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of a private alley with a public street or highway shall not constitute an
INTERSECTION.
PERMIT. A form that upon completion provides the requested date, time and place of solicitation and documents compliance with those other requirements set forth in § 114.02 of this chapter. A PERMIT is not valid until it is marked “APPROVED” and is signed by the City Clerk-Treasurer and Chief of Police or his or her designatee. Solicitation may not legally occur in the city without an approved permit. The PERMIT shall be in the possession of the organization at the site of the solicitation on the specified date. Solicitation may only occur on the dates, hours and locations approved by the city.
PERSON. Any individual, partnership, trustee or corporation. A PERSON does not have to reside in the city limits for the purpose of this subchapter.
ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate ROADWAYS, the term ROADWAY, as used herein, shall refer to any roadway separately, but to all such roadways collectively.
SOLICITATION. The act of a person standing at or traveling on or near a crosswalk, highway, intersection or roadway and taking, or attempting to take, money contributions, or making a sale of, or taking orders for the sale of, any personal property for future delivery or for services. This definition also includes a person standing in the median, crosswalk, highway, intersection or roadway for the purpose of advertising a sale or services.
(Ord. 2012-3, passed 8-13-2012)
(A) Permits shall be issued only to charitable organizations with an association to the county.
(B) All persons, organizations, partnerships and the like desiring to solicit on roadways within the corporate limits of the city shall complete a permit application form in City Hall. The permit application shall provide the following information:
(1) Name and address of responsible person who will meet all requirements and be responsible for persons soliciting and money collected;
(2) Organization represented and acknowledgment by applicant that it is a bona fide charitable organization and that the funds collected will be used only for the purposes stated;
(3) The objective for the funds;
(4) Names of all participants;
(5) Identification that will be provided on site of solicitation;
(6) Assurance that all participants in the roadblock will be provided with orange or other approved traffic safety vests. At any time a participant in the roadblock solicitation fails to properly wear a safety vest, the City Police shall order the activity stopped immediately. All participants must sign a waiver that if injured on city property that the city will not in any way be responsible for their injuries, that all risk of injury is on the participant. An approved waiver is attached to the ordinance codified herein as Exhibit A;
(7) Location, dates and hours of the solicitation event;
(8) Application must be approved 14 days prior to the activity;
(9) The City Clerk-Treasurer shall maintain a calendar that schedules solicitation activities in the city. Said calendar shall be maintained to allow no more than one solicitation activity per organization per calendar month. Solicitation events may be scheduled for any month in a calendar year. Said calendar is to run January 1 to December 31 of each year. Dates for solicitation shall be granted on a first request basis; and
(10) It shall be the obligation of all organizations soliciting on a public roadway within the city limits to place a sign on site to identify the organization and to have available a receipt to all individuals making a contribution.
(Ord. 2012-3, passed 8-13-2012)
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