(A) Any organization exempted from the prohibitive provisions of § 116.31 shall file its application for a permit with the Office of the City Controller.
(B) The application shall call for the following information:
(1) The name, mailing address, and telephone number of the organization applying for the permit.
(2) A description of the proposed activities including the date(s) of the activity; alternate rain dates if desired. In no event shall the duration of the activity exceed 48 hours.
(3) A copy of the organization's letter of exemption from the Internal Revenue Service confirming the organization Section 501(c) (3) tax exempt status.
(4) If applicable, the organization's certificate of existence issued by the Indiana Secretary of State confirming that the organization is a non-profit corporation authorized to do business within the State of Indiana.
(5) The name, home address, and telephone number of a local resident or local charitable affiliate who will serve as liaison contact between the organization and the Kokomo Police Department. This individual will be responsible for assuring the compliance with the terms of this subchapter of all persons participating in the activity on behalf of the charitable organization.
(6) A statement agreeing to indemnify, defend, and hold harmless the city from all claims, demands, liabilities, and suits of any nature arising out of, or because of, or due to any actions taken by the permittee, or the agents thereof.
(7) A certificate of insurance, with the city named as an additional named insured, evidencing that the applicant will have in force on the date(s) of the activity, a commercial general liability policy in the aggregate amount of $2,000,000, subject to a $1,000,000 limit for any one occurrence.
(8) The name, mailing address, and telephone number of each person who will be engaged in solicitation activities on behalf of the charitable organization. This roster shall be maintained in a current status and may be amended from time to time as required to remain current. Amended lists of volunteers shall be filed with the Office of the City Controller. Should that office be closed, amended lists may be filed with the watch commander of the Kokomo Police Department who will forward the same to the Office of the City Controller.
(9) The site or sites, at which solicitation activities will take place.
(10) The hours during which the activity will take place, provided that no street solicitation shall commence before the hour of 8:00 a.m. local time, or end after sunset, except as hereinafter provided.
(11) If a group is acting on behalf of a permitted organization, a letter of authorization from the organization on behalf of which the group is engaging in solicitation activities.
(C) Solicitation activities may not occur before all required information has been provided and approval of the permit application has been evidenced by issuance of a permit. All permits will be obtained by the organization no less than 14 days prior to the intended solicitation activity.
(D) The application for permit to solicit in the public street shall be referred to the Police Department which shall review the intersections proposed by the applicant for solicitation. The Police Department and Traffic Systems Manager shall develop a list of intersections where solicitation shall not occur due to the volume of traffic and number of accidents. The Police Department shall approve of all intersections which are reasonably safe which meet the criteria of this division. The permit will be issued by the Office of the City Controller for those intersections approved by the Police Chief or designee provided the application is in compliance with this section.
(E) Only one street charitable solicitation activity will be scheduled to occur in the city at any one time. An effort will be made to schedule events on the dates requested by the charitable organization in its permit application. In case of a conflict, dates will be assigned in the same order as the date permit applications were received. Organizations may request alternate "rain dates." If a scheduling conflict exists between a rain date and a previously scheduled event, the Office of the City Controller and the organization shall confer and settle upon an alternate date.
(F) The provisions of division (B)(2) and (B)(10) above shall not apply to charitable solicitations related to seasonal observances where, by the nature of the event, the solicitation occurs over a period greater than 48 hours, and customarily during hours after sunset, such as seasonal light displays.
(Ord. 6310, passed 6-14-04) Penalty, see § 116.99