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HomeMy WebLinkAboutOrdinance 4731 ORDINANCE NO, 4731 AN ORDINANCE TO AMEND § 74.05 SOLICITING FROM PUBLIC ROADWAYS OR SIDEWALKS PROHIBITED AND TO DECLARE AN EMERGENCY WHEREAS, 501 (c)(3) charitable organizations with proper insurance and warning devices should be allowed to solicit donations on designated city streets not more than once yearly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §74.05 of the Code of Fayetteville, Soliciting From Public Roadways or Sidewalks Prohibited by deleting it in its entirety and replacing it with a new §74.05 as shown below: "§74.05. Soliciting From Public Roadways Or Sidewalks Prohibited Unless Permit Granted. (A) No person shall stand in a public roadway or upon a public sidewalk for the purpose of soliciting a monetary contribution from any occupant of a motor vehicle, unless a permit has first been obtained from the Parking Manager. (B) The Parking Manager shall issue a permit to solicit contributions in the public roadway or sidewalk to any charitable organization that is a valid 501 (c)(3) charitable organization under the Internal Revenue Code. Proof of the valid 501 (c)(3) status shall be provided to the Parking Manager. (C) Permit applications must also be accompanied by a fee of $25 .00 and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at their sole expense, insurance coverage: (1 ) That is written by an insurance company with an A- or better rating and is admitted and licensed to do business in the state; (2) That is in full force and effect for the duration of the permit period; (3) That provides two million dollars of liability coverage per occurrence with no deductible; (4) That insures the applicant and all persons who will be soliciting; (5) That names the city, its officers, employees and elected representatives as additional insureds; and (6) That is written on an occurrence basis. (D) Permits issued under this ordinance shall only be issued for the days of Friday and/or Saturday, and for no hours other than those between 9:00 A.M. and one hour before sunset. Only one permit shall be issued by the City for any particular day or two day period. Permits may be issued to no organization more than once per calendar year. Permits can be issued for a maximum of two separate locations under one permit, but no permit shall be granted which allows solicitation on any federal or state highway. An additional permit will be issued if a scheduled event is rained out. The locations must be approved by the Chief of Police. Permit application must be received by the Parking Manager at least 30 days and no more than one year prior to any date in which the applicant is applying to solicit in the roadway or sidewalk. (E) The City may only issue six total permits per year on a first come basis. (F) Any person who is soliciting contributions from a motor vehicle while in the roadway, must be 18 years of age or older and must wear a fluorescent orange visibility vest or shirt. No solicitor shall impede traffic or make physical contact with any motor vehicle (such as tapping on the window or door). (G) The organization obtaining a permit shall provide an about eight square foot sign at least 50 feet, but no more than 200 feet from the point of solicitation, which states the name of the organization which is soliciting contributions. The sign shall be on both sides of the street and placed so that it does not impede traffic. These signs must be in place only during active solicitation and must be removed during non-permit times. These temporary signs are exempt from Chapter 174 of the Unified Development Code." Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas having found that the collection efforts for the Muscular Dystrophy Association will be much more difficult and less effective unless this ordinance goes into immediate effect, declares that this ordinance is necessary to preserve the public peace, health and safety, and thus an emergency exists so that this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 19° day of July, 2005. ``�a�amnnrrp� �E. 069' s Al APPROVEPI . 5 ' � . o ; •o'c s n Z_ 'ate.v ¢ PQ \�0; DAN COODY, Mayor ATTEST: ` �'ee, 1/0 By: Old Mc ti S NDRA SMITH, City lerk oRD ALD&AN AGENDA REQUEST FORM 4731 mend 7 , 125 5✓ief 1176 , Z2dWO S FOR: COUNCIL MEETING OF JULY 19, 2005 FROM: ALDERMAN BRENDA THIEL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §74.05 Soliciting From Public Roadways Or Sidewalks Prohibitted APPROVED FOR AGENDA: S Br Thiel Alderman Kit Williams Date City Attorney (as to form) 47.7!7 -as 0k- ORDINANCE NO. AN ORDINANCE TO AMEND §74.05 SOLICITING FROM PUBLIC ROADWAYS OR SIDEWALKS PROHIBITED AND TO DECLARE AN EMERGENCY WHEREAS, 501 (c)(3) charitable organizations with proper insurance and warning devices should be allowed to solicit donations on designated city streets not more than once yearly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §74.05 of the Code of Fayetteville, Soliciting From Public Roadways or Sidewalks Prohibited by deleting it in its entirety and replacing it with a new §74.05 as shown below: "§74.05. Soliciting From Public Roadways Or Sidewalks Prohibited Unless Permit Granted. (A) No person shall stand in a public roadway or upon a public sidewalk for the purpose of soliciting a monetary contribution from any occupant of a motor vehicle, unless a permit has first been obtained from the Parking Manager. (B) The Parking Manager shall issue a permit to solicit contributions in the public roadway or sidewalk to any charitable organization that is a valid 501 (c)(3) charitable organization under the Internal Revenue Code. Proof of the valid 501 (c)(3) status shall be provided to the Parking Manager. (C) Permit applications must also be accompanied by a fee of $25.00 and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at their sole expense, insurance coverage: ( 1 ) That is written by an insurance company with an A- or better rating and is admitted and licensed to do business in the state; (2) That is in full force and effect for the duration of the permit period; deductible; (3) That provides two million dollars of liability coverage per occurrence with no (4) That insures the applicant and all persons who will be soliciting; (5) That names the city, its officers, employees and elected representatives as additional insureds; and (6) That is written on an occurrence basis. } (D) Permits issued under this ordinance shall only be issued for the days of Friday and/or Saturday, and for no hours other than those between 9:00 A.M. and one hour before sunset. Only one permit shall be issued by the City for any particular day or two day period. Permits may be issued to no organization more than once per calendar year. Permits can be issued for a maximum of two separate locations under one permit, but no permit shall be granted which allows solicitation on any federal or state highway. The locations must be approved by the Chief of Police. Permit application must be received by the Parking Manager at least 60 days and no more than one year prior to any date in which the applicant is applying to solicit in the roadway or sidewalk. (E) The City may only issue six total permits per year on a first come basis. (F) Any person who is soliciting contributions from a motor vehicle while in the roadway, must be 18 years of age or older and must wear a fluorescent orange visibility vest or shirt. No solicitor shall impede traffic or make physical contact with any motor vehicle (such as tapping on the window or door). (G) The organization obtaining a permit shall provide an about eight square foot sign at least 50 feet, but no more than 200 feet from the point of solicitation, which states the name of the organization which is soliciting contributions. The sign shall be on both sides of the street and placed so that it does not impede traffic. These signs must be in place only during active solicitation and must be removed during non-permit times. These temporary signs are exempt from Chapter 174 of the Unified Development Code." Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas having found that the collection efforts for the Muscular Dystrophy Association will be much more difficult and less effective unless this ordinance goes into immediate effect, declares that this ordinance is. necessary to preserve the public peace, health and safety, and thus an emergency exists so that this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 19'hday of July, 2005. APPROVED: By: o DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk .. KFSMS MDA TELETHON ® Ft, Smith = Fayetteville July 7, 2005 Brenda Thiel Fayetteville City Alderman 172 East Willoughby Road Fayetteville, AR 72701 Dear Brenda, It was great to speak with you yesterday regarding changing the Fayetteville City Ordinance to allow Fayetteville Firefighters to participate in MDA's Fill the Boot Campaign. For several years, the Fayetteville Fire Department has supported MDA in the annual "Fill the Boot Drive". Fayetteville Firefighters have always had a commitment to serving their community and are truly dedicated to the fight against neuromuscular disease. I am hoping you will support the Firefighters and consider allowing them to conduct their 2005 Fill the Boot on various city intersections. Because Firefighters are city employees and public safety officers trained to conduct themselves in traffic, • thousands of cities throughout the country with restrictions on street solicitations have elected to issue a waiver for their Firefighters regarding the Fill the Boot campaign. Unlike more other charitable organizations, MDA is able to issue a $2,000,000 certificate of insurance for the Fayetteville Firefighters, as well as listing the city of Fayetteville as an additional insured. I have enclosed a copy of the insurance certificate, the city ordinance, and permit used for Fort Smith as a point of reference. The Fill the Boot Drive has allowed the Fayetteville Firefighters to present a positive public image for the City of Fayetteville, the Fayetteville Fire Department and the Muscular Dystrophy Association. Monies collected from this event allow us to offer our local MDA Patient Services Program, providing services free of charge to Fayetteville area families affected by neuromuscular disease. Through the support of the Firefighters, MDA has the ability to pay for flu shots, clinic visits, support groups, MDA Summer Camp, as well as provide assistance with the purchase of wheelchairs, leg braces, and augmentative devices, not to mention, allowing us to conduct valuable research that will one day lead us to a cure! Firefighters across the nation joined forces with MDA nationally in the battle against neuromuscular disease in 1953 . Since then, Firefighters have become MDA's largest sponsoring organization raising over 20 million dollars in 2004. We are asking that you allow the Fayetteville Firefighters, the opportunity to continue supporting the more than 400 children and adults diagnosed with neuromuscular disease served by the Razorback Chapter of the Muscular Dystrophy Association. The Fill the Boot program gives our families the help they need today, and hope for tomorrow. Please feel free to call me if 1 can answer any questions or concerns. Thanks you so much for your consideration of this request. • �Kiindest regards, f�l 3 OL � . 1 ' vkl� Nicole Moore District Director Muscular Dystrophy Association 6101 Highway 271 South / Fort Smith, AR 72908 / Phone 479-646-0022 / Fax 479-646-1464 www. mdausa . org • 1 . What type of amendment are we requesting in regards to the ordinance banning street solicitations? MDA would like to ask the City of Fayetteville to pass an amendment that will allow street solicitations only if the following requirements are met: • A permit application must be filled out • The permit application must be accompanied by a certificate of insurance providing $2,000,000 in coverage — insuring the applicant, all persons who are soliciting, and names the City of Fayetteville, its officers, employees, and elected representatives as additional insured. • No person under the age of 18 may solicit. • Names and addresses of all solicitors must be provided, and all solicitors must wear safety apparel . • Permits may be issued to no person or organization more than ONCE PER CALENDAR for a period of NO MORE THAN THREE CONSECUTIVE DAYS. 2. If the amendment is passed, how will the City of Fayetteville respond to other persons or organizations wanting to conduct street solicitations? Every person or organization that applies for the solicitation permit and meets the stringent permit requirements will be granted permission to conduct street solicitations. • Therefore, every person or organization is asked to meet the same requirements — no one person or organization is treated any differently. 3. Will passing this amendment open the door to other organizations "storming the intersections "? No. If the amendment is passed with the above requirements, solicitation permits will only be granted to the few persons or organizations that are capable of meeting such requirements and can therefore conduct a safe street solicitation campaign. 4. How will the issue of safety be addressed? • Who better than Firefighters to conduct street solicitation — no other group is trained more extensively on public safety. • All traffic must come to a stop before a vehicle can be approached. • All solicitors must be at least 18 years of age and wear safety apparel. • Warning signs -will be posted 150 feet from the collection site. 5 . Why is it necessaryfor the Firefighters to conduct their Fill the Boot campaign on street • corners — couldn 't they raise just as much money collecting in front of Wal-Mart or conducting some other type offundraising event? There are very few MDA events that can produce the type of income in a short period of time like the Fill the Boot program when conducted on street comers. As you can see from the attached Razorback Chapter Honor Roll, the departments how collect $ 10,000+ are 611 conducting their Fill the Boot campaign on street corners (and they spend much less time doing it than those who collect in front of Wal-Mart). The Firefighter/MDA partnership celebrated its 50-year anniversary in 2003 and it has become an American tradition for adults and kids alike to help "Jerry' s Kids" by giving change to their local Firefighters for the Fill the Boot Campaign. The Fayetteville Firefighters have supported MDA in the past and are ready to take their Fill the Boot program to the next level and give cities like Fort Smith, Van Buren, Rogers, and Springdale a run for their money! Thousands of cities across the country allow their Firefighters to conduct their Fill the Boot campaigns at intersections and on the streets. We hope you will consider giving our Fayetteville Firefighters the same opportunity. Please vote in favor of passing an amendment to the street solicitation ordinance. Your support will mean so much to MDA, the families we serve, and the local Firefighters. I would greatly appreciate the opportunity to address any further questions or concerns you may have regarding this request. Thanks so much for your consideration. • Nicole Moore District Director Razorback Chapter of MDA 6101 Hwy 271 South Fort Smith, AR 72908 479-646-0022 Office 479-646- 1464 FAX nmoore@mdausa.org • T aye e 1 le City Clerk Division ARKANSAS 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayetteville.ar.us DEPARTMENTAL CORRESPONDENCE To: Brenda Thiel, Alderman �Q From: Clarice Buffalohead-Pearman V� City Clerk Division Date: August 4, 2005 Re: Ordinance No. 4731 Attached is a copy of the ordinance passed by City Council July 19, 2005 regarding soliciting of public roadways and sidewalks. If anything else is need please let me know. Thanks. /cbp ArkansaaDem®c Q* azette EDITIONNORTHWEST ARKANSAS „Norduvsst Arksutcas' most Widely Read News er„ AFFIDAVIT OF PUBLICATION I , Erin Emis , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: was inserted in the regular editions on PO# nn ** Publication Charge: $ �v/ 3 Subscribed and sworn to before me this day of 2005. J t , "610 Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas WyFU6ffimission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED AUG 12 2005 CRY OF FAVETTEV �E CITY CLEWS OFFICE P.O. BOX 1607 • 2'12 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 479-571 -6470 ORDINANCE NO. 4731 e evI le AN ORDINANCE TO AMEND § 74.05 SOLICI71No - FROM . PUBLIC ROADWAYS OR SIDBWLLKS t PRONIBRBO AND TO DECLARE AN EMERGENCY r WNEREAS1 5D1 (c)(3) charitable organizations Vlitft ARKANSAS proper Insurance and warning devices should be slowed to sdidt donations on designated city streets but more than once yeah. �. NOW, TNEREFORS� BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYBT- TEVILLS, ARKANSAS: Section 1 : That the City Council of the City of Feyenenlle, sbtg sae hereby amends §74.05 Of " Coca of Fayer lla, SelleWrq Pmm Puhlle Readsa," ar SMewallu ProhlORad by deleting it In its entirely and replacing it with a new §74.(5 s shown babes: •474,08. SoilBrr ele Flour Publle Roadways Or INdewslke PmhlORad Unlace Permit Omnted. IA) No Person stall stand in a public roadway or upon a Public sidewalk for the purpose of sdiating a monetary conVlbWon from any Occupant of a motor vehicle, unless a parrot bas first been obtained from the Parking Manager. (B) The Paring Manager shall issue a permit to se0cil contrbubons in the puNb roadway or sidewdk to any charitable organization that is a vald 501 (cH3) charitable organization under the Internal Revenue •� Code. Proof of the vaid 501 (,N3) status and be provided to Ne Parking Manager. (Q Permit applications most alae be accompanied by a fee of $25.00 and a certificate of insurance signed by an agent authorized to bind coverage indicating that the apPlberK has obtained, at their sole wpliro e. Insurance coverage. ,� an A- a better rating and is admitted and (1) That Is written by an insurance company licensed to co business in the state; (2) That is in NII force and effect for the duration of the permit Period: (3) lost PrWdes hive(4) That mums the applicant and aion dollars lPurso s who will be sofacility Wwrege par liciting; nice with no deductible; (5) That names the city, its officers, employees and elected representatives as additional Insureds: and (6) That's wntten on an occurrence basis. and for no hours other than awes bgMrOsm 9:00 A.MPermits L sued under this bodrence anal NaId os how before be sauce for the greaof tbOnly werPermi shall s issued by the Oty for any Particular daY a hro day paged. Permits may be issued to no agentratioh more that once Par calendar yesr. permits can he Issued for a maximum of tyro separate locations under os permit but na peril Onto be granted which Obese edlcltatlon on any federafa state Ngh- way. An additional OerK "If be issued If a scheduled Grant is raistl out. The locations must be ' 'aPprared by the Chief of Police. Permit application most be received by Ne Parking Managsr at lest 30 days and no more that one year prior to any date in which the applicant is applying to solicit In the roatlway a tdawak. on a first come basis, (q Tire City may oNy issue six total permits Pa Yea (� Arty person who b sdidting ddbebutlons from a molar vehicle while in Na reatlweY•i be1ofageadtleraW must weaefluoresaent sergsiiliry veslashirt. NosdidormbO petlake physicaltooted withmotes0 ( chlappithewlntloJ+ a( ) r200ti�estfromntl9iaisollokebnestateshereoeewhich s sdldtlrg oontdbutbre. The sign Shell be on Doth sltles of the street and Placed so that tt tides nM Impatla VeM i These signs must be In place only duMg scoxi sdbltatlon anti reel to removed during nen-lit times. These temporary egos ss exempt from Chapter 174 of the Untied Developrtrem Code. Section 2: Emergency Clause. That the City Council of the City of Fayettwile, Arkansas hating found that the collecbon efforts for Ne Muscular Dystrophy Association wfil be much more difficult and les eftectW unless this ordinance goes Into immediate effect, declares that this Ordinance a necessary to preserve the public effect porn Ne date ofitsand thus W age and emergency exits so that this ordinatce shall e in for al PASSED and APPROVED this 19th day of JUW, 4008, APPROVED:' BY: DAN COODY, Mayor ATTEST l. SOMDM SMIi11r CIW Clerk - - RECEIVED AUG 12 2005 CIN OF FAYETTEVILLE CITY CLERK'S OFFICE