(A) It shall be unlawful for any person, professional solicitor or fundraising consultant, directly or through an agent or employee, to solicit contributions for charitable purposes within the city unless a certificate of registration has been obtained from the Administrator.
(B) It shall be unlawful for any individual, as the agent or employee of another, to solicit contributions for charitable purposes in the city unless his or her principal or employer has received a certificate of registration.
(C) It shall be unlawful for any person, directly or through an agent or employee, to solicit contributions for charitable purposes within the city after the expiration of any certificate of registration.
(D) It shall be unlawful for any person who shall solicit contributions for charitable purposes in the city to represent, in connection with such solicitation, that the issuance of a certificate of registration by the city government constitutes an endorsement or approval of the purposes of such solicitation by the city or any department, officer or employee thereof.
(E) It shall be unlawful for any person issued a certificate of registration to solicit contributions for charitable purposes to fail to file any financial statement that this chapter requires to be filed with the Administrator.
(F) It shall be unlawful for any person, directly or through an agent or employee, to act as a professional solicitor of fundraising consultant within the city unless such person shall have first obtained the certificate of registration from the Administrator.
(G) It shall be unlawful for any individual, as the agent or employee of another, to act as a solicitor for a professional solicitor or fundraising consultant in the city unless his or her principal or employer has received a certificate of registration.
(H) It shall be unlawful for any person, directly or through an agent or employee, to act as a professional solicitor or fundraising consultant within the city after the expiration of any unrenewed certificate of registration.
(I) It shall be unlawful for any person acting as a professional solicitor or fundraising consultant in the city to represent, in connection with any solicitation activity, that the issuance of a certificate of registration by the city government constitutes an endorsement or approval of the purposes of such solicitation by the city or any department, officer or employee thereof.
(J) It shall be unlawful for any professional solicitor or fundraising consultant issued a certificate of registration hereunder to fail to file with the Administrator the financial statement required by this chapter.
(K) It shall be unlawful for any person, professional solicitor or fundraising consultant to use the word “police”, “law enforcement”, “firefighters”, “firemen”, “sheriffs”, “constables” or “veterans”, for the purpose of soliciting contributions, unless authorized to do so by an established organization representing such specific groups or entities. Such proof of said authorization shall be filed with said application for registration.
(L) It shall be unlawful for any person, professional solicitor or fundraising consultant to represent or lead anyone in any manner to believe that a solicitation is for or on behalf of a charitable organization; or utilizing any emblem, device or printed matter belonging to or associated with a charitable organization; or otherwise representing that any part of the contributions received will be donated to a charitable organization without first being authorized in writing to do so by the charitable organization.
(M) It shall be unlawful for any person, professional solicitor or fundraising consultant to utilize a name, symbol or statement so closely related or similar to that used by another charitable organization, public official, or public agency that its use would tend to confuse or mislead a solicited person.
(N) It shall be unlawful for any person, professional solicitor or fundraising consultant to commingle their personal funds with contributions collected from a charitable solicitation. Separate books, records and bank accounts shall be kept by persons, professional solicitors or fundraising consultants regarding charitable solicitation activity. In addition, daily totals shall be kept showing the aggregate amount of contributions collected and/or received by all persons, professional solicitors and/or fundraising consultants engaged in solicitation activity on behalf of a person or charitable or civic organization.
(O) It shall be unlawful for any person, whether individually or as the agent or employee of another, or as a volunteer, to stand on a highway for the purpose of soliciting contributions unless such person is at least 18 years of age and otherwise complies with the provisions of KRS 189.570(21). All such individuals at all times when participating in such activity must:
(1) Carry with them a government-issued identification card which verifies their age;
(2) Wear a badge or sticker, which prominently displays the name of the organization for whom the solicitation is being conducted, and the organization’s license number as issued by the Administrator;
(3) Utilize safety equipment including, but not limited to:
(a) Wearing bright orange or yellow safety vests;
(b) Placing orange cones, minimum height of 30 inches, six cones per lane being worked, at a minimum of ten feet apart; and
(c) Displaying a legible sign with dimensions of at least two feet by three feet, on which is printed the name of the organization, and which is visible from each direction of the highway upon which the solicitation is being conducted.
(4) Withdraw from an intersection to a place of safety on a median or on the side of a highway before the light turns green in the direction they are working;
(5) Limit solicitation activity to one person for each lane of traffic;
(6) Refrain from yelling at or otherwise distracting motorists, and from touching any vehicle; and
(7) Not conduct any solicitation activity before sunrise or after sunset, as published daily in The Courier-Journal, or in inclement weather during which, in the judgment of any law enforcement officer, conducting solicitation activity would constitute a hazard to individuals conducting solicitation activity or to motorists.
(P) It shall be unlawful for any licensed organization to engage in solicitation activity on a highway within the city for more that nine days in any calendar year.
(Q) It shall be unlawful to violate any other provision of this chapter not specifically enumerated in this section.
(Ord. 13-2005, passed 11-7-2005) Penalty, see § 116.99