(A) No person shall enter or remain in a highway in such a manner that obstructs the flow of traffic or obstructs the lawful parking of any vehicle.
(B) The prohibitions in division (A) shall not apply:
(1) In the event of an emergency where entry to or presence in the highway is necessary to avoid injury or death;
(2) When otherwise permitted by traffic control device, city code, or an authorized law enforcement official or city employee; or
(3) As otherwise provided in this section.
(C) City law enforcement personnel, or other persons employed by or serving the city to protect the public safety, that desire to engage in solicitation for a charitable organization may engage in solicitation for charitable purposes in a highway provided that no later than ten days prior to the requested dates of solicitation, the charitable organization submit an application to the Chief of Police stating in full the following information:
(1) The name of the charitable organization for which the solicitation will be conducted;
(2) The location or locations, including all public highways, on which the solicitation will occur along with a list of three alternate locations listed in order of preference;
(3) The manner and conditions under which the solicitation is to occur;
(4) The dates and times for the proposed solicitation; and
(5) Proof of a valid liability insurance policy in the amount of at least $1,000,000 insuring the charity or local agency against bodily injury and property damage arising out of or in connection with the solicitation.
(D) The Chief of Police shall issue a solicitation permit to any city law enforcement personnel or other persons employed by or serving the village to protect the public safety that desires to engage in solicitation for a charitable organization in a highway no later than five business days after receiving a full, accurate, complete, and qualifying application as required by this section. The city may impose reasonable conditions in writing that are consistent with the intent of this section and are based on articulated public safety concerns. If the city determines that the applicant’s location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the city may deny the application for that location and shall approve one of the three alternate locations following the order of preference submitted by the applicant on the alternate location list, subject to such conditions as may be imposed consistent with public safety concerns. Upon request of an applicant, additional alternate locations may be proposed in order to obviate public safety concerns or to proceed without conditions that otherwise would apply to the initially identified alternate locations.
(E) Other persons desiring to engage in solicitation for a charitable organization in a highway may do so in the manner prescribed in divisions (C) and (D) above, provided that the city may require an organization to submit a satisfactory statement setting forth:
(1) Public safety and/or law enforcement training for the individuals who will be participating in the charitable solicitation; and
(2) The safety devices and safety procedures to be utilized, including the procedures to ensure the safety of the individuals who will be participating in the charitable solicitation and the public in and around the highway where the proposed solicitation will occur.
(Prior Code, § 40-1-1006) (Ord. 2016-11, passed 2-16-2016) Penalty, see § 70.999