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HomeMy Public PortalAboutORD15085BILL NO. 2012 -141 SPONSORED BY COUNCILWOMAN: Carroll ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY REGULATING THE SOLICITATION OF CONTRIBUTIONS AND EMPLOYMENT, AND THE SALE OF MERCHANDISE ON HIGHWAYS AND STREETS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. Chapter 24 (Peddlers, Door To Door Sales, and Temporary Business Licenses) is amended by the addition of a new Article 111 (Not for Profit Solicitation on City Streets) to read as follows: ARTICLE III. NOT - FOR - PROFIT SOLICITATION ON CITY STREETS Sec. 24 -100. Solicitation of business prohibited. No person shall stand on Highway 50, Highway 54, Highway 63,Missouri Blvd., Ellis Blvd., Highway 179, or any intersection of said Highways or Boulevards, for the purpose of selling merchandise to or soliciting business or employment from the occupant of any vehicle. Sec. 24 -101. Solicitation of contribution. A. No person shall stand on Highway 50, Highway 54, Highway 63, Missouri Blvd., Ellis Blvd., Highway 179, or any intersection of said Highways or Boulevards. for the purpose of soliciting contributions from the occupant of any vehicle. Solicitation in other areas of the City may occur pursuant to a permit issued to a soliciting agency that complies with the conditions set forth in subsections (B) and (C). B. The city administrator or his designee shall issue a permit to a soliciting agency that meets all of the following requirements: 1. registered as a charitable, civic, religious, or fraternal organization; and engaged in a fund raising activity sponsored by an organization with federally recognized 501 C(3) status or otherwise exempt from federal taxes; and 2. liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent, and 3. the soliciting agency shall File with the city with its application for a solicitation permit, a certificate of insurance showing liability insurance in the minimum amount of 5300,000.00 for personal injury per occurrence and 5100,000.00 for property damage during the period of requested solicitation, and the city shall be named as an additional insured on the certificate. C. The soliciting agency shall be subject to the following conditions: Drafters Note: Deleted text shown as thus. Inserted text shown as thus 1. Any person engaged in solicitation on behalf of the soliciting agency shall be at least 16 years of age and shall wear a high visibility vest approved by the city at all times during the hours of solicitation indicated by the permit. 2. Soliciting pursuant to a permit shall take place only at intersections of streets with no more than 2 lanes of travel (exclusive of turning lanes) where traffic has come to a complete stop. 3. Each solicitor shall wear some type of identification card which clearly displays the name of the soliciting agency at all times during the hours of solicitation indicated by the permit. 4. Solicitation shall take place during daylight hours only. 5. The soliciting agency shall be required to file an application for a permit on a form approved by the city, and apply for any other solicitation permits that may be required by any applicable law or ordinance. Review by the City may take up to three (3) working days before a permit is issued. Sec. 24-10f. Distribution of literature. No person shall stand on Highway 50, Highway 54, Highway 63, Missouri Blvd., Ellis Blvd., Highway 179, or any intersection of said Highways or Boulevards, for the purpose of handing out pamphlets and distributing literature to the occupant of any vehicle Sec. 24 -104 Seyerability. The provisions of this ordinance are severable. If any provision of this ordinance or application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. Sec. 24-10%. Penalty. Any person, firm, or corporation violating any provision of this article shall be fined not less than five dollars (S5.00) nor more than five hundred dollars (5500.00) for each offense. Any person violating any provision of this article may in addition to a fine or in lieu of a fine be imprisoned for not Tess than six (6) months. In lieu of imprisonment, the person may serve the sentence under the city's community service program. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Presiding Officer ATTEST. ity Cie Approved: Mayor APPR D AS TO FORM: It Counse J y eer,r2C -f ell 1A.vc k-VeA!' i ,/ Drafters. Note: Deleted text shown as thus. Inserted text shown as thus