§ 24.80.015. Street solicitation permit.

A.

An application for a street solicitation permit shall be approved by the Right-of-Way Division of Development Services, with concurrence from the traffic department.

B.

Definitions. The following definitions apply in this section:

1.

Department means the Right-of-Way Division of the Department of Development Services.

2.

Director means the Right-of-Way Supervisor of the Department of Development Services.

3.

Official streets & highways plan means the plan by that name in subsection 21.05.030E.1. as currently adopted or as it may be amended in the future.

4.

Solicitor site means an intersection of a street, as defined herein, and another street, or local road to commercial or industrial property, where such intersection is equipped with official traffic control lights or signs, plus 100 feet of each intersecting street or local road in each direction from the intersection, and the sidewalk areas adjacent to the intersection and the 100-foot extended area.

5.

Street means any street or highway categorized as a collector street or higher designation on the Official Streets & Highways Plan, and includes the gutters, medians and all areas between opposing curbs or shoulders on either side.

6.

Street solicitation means entering or reaching into any area of a street to give to, or receive from, a motor vehicle occupant currency, handbills, food, goods or any other item when the vehicle is stopped in compliance with a traffic control device.

C.

Prohibited conduct. It is unlawful for any person to conduct a street solicitation unless:

1.

A current street solicitation permit is issued from the department pursuant to this section; and

2.

No conduct under a street solicitation permit shall be in violation of section 14.70.160, prohibited panhandling.

D.

Permit requirements. A permittee shall:

1.

Pay a fee of $250.00 per event.

2.

Approach an occupant of a motor vehicle to consummate a street solicitation only immediately after the occupant has indicated by words or conduct the occupant wishes to give or receive a donation or any item.

3.

Not approach an occupant of a motor vehicle on a street when vehicular traffic is in motion on that street.

4.

Not solicit on a street or at a site except as listed on the street solicitation permit.

5.

Not conduct street solicitation after sunset and before sunrise.

6.

Comply with all conditions imposed under subsection E.2.

E.

Permit application, conditions and issuance. The department shall issue a street solicitation permit for the use of any street for the purpose of street solicitation activities upon receiving an application satisfying all requirements herein and a finding by the director that the manner of soliciting described in the application does not unreasonably interfere with pedestrian or vehicular traffic. The director shall issue one permit for each event, and a copy shall be available at each site.

1.

An applicant for a street solicitation permit shall submit to the department:

a.

A completed application on a form supplied by the department listing the streets and solicitor sites on which the applicant will operate;

b.

A statement describing any signs, stands, and equipment the permittee will use;

c.

A signed statement acknowledging the permit conditions and restrictions; and

d.

Proof of insurance or a bond as required by subsection F.

2.

A street solicitation permit shall include the following conditions and restrictions:

a.

Permittees are prohibited from street solicitation activity at sites where other permits have been issued under this section.

b.

A specific limit shall be placed on the number of individual persons operating under a single permit issued to an applicant that is not an individual.

c.

A specific limit shall be placed on the number of individual permittees operating at a solicitor site.

d.

Permittees are required to wear appropriate reflective or highly visible colored clothing or accessories.

e.

No permit shall be issued for a period exceeding 24 hours.

f.

No organization, or subsidiary thereof, shall be issued more than two street solicitation permits per calendar year.

3.

No street solicitation shall be permitted in the downtown business district, defined as any public place located on or to the west of Ingra Street, on or to the north of 15th Avenue, on or to the east of L Street, and on or to the south of Third Avenue.

4.

Transferability. A permit issued pursuant to this section is nontransferable. Any transfer automatically voids the permit.

F.

Insurance or bond required. Before any permit is issued for a street solicitor, the applicant shall provide proof of a currently effective bond, insurance policy, or certificate of liability insurance issued by a company authorized to do business in the state as a surety for any liabilities that may result from the applicant's street solicitation activities. The director may disapprove a surety for good cause. A permittee that is a federal, state or municipal agency or department is exempt from the insurance or bond requirement.

1.

The bond, policy or certificate shall reflect the following coverage:

a.

Personal injury (each occurrence) , $500,000.00;

b.

Aggregate (each occurrence), $500,000.00; and

c.

Property damage (each occurrence), $50,000.00.

d.

Municipality shall be listed as an additional insured.

2.

Every insurance policy, bond or certificate furnished under this subsection shall contain a clause obligating the surety to give the director written notice no less than 30 days before the cancellation, expiration, nonrenewal, lapse or other termination or alteration of the surety instrument. A lapse, cancellation, expiration, nonrenewal or other termination or alteration of such surety instrument shall cause the permit to which it pertains to be automatically suspended for so long as the surety required by this section is not in place.

3.

Indemnification. All permits shall require a permittee to indemnify, defend, save and hold Municipality harmless from any and all claims, lawsuits, or liability as a result of the permit, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or from any wrongful or negligent act, error, or omission of permittee, permittee's agents, employees, or invitees, occurring during the course of, or as a result of the permittee's, permittee's agents, employees, or invitees performance.

G.

Penalties. Violation of subsection C. is a class B misdemeanor punishable under section 8.05.020 H.2. Violations of subsection D. shall, upon conviction, be punished but a fine of not more than $500.00.

1.

As an alternative to the remedies, procedures and penalties provided in this section and section 1.45.010, a violation of subsection D. may be charged as a civil violation subject to and prosecuted in accordance with Title 14 and in such case shall be punishable by a civil penalty in accordance with chapter 14.60. This alternative is not available for violations of subsection C.

H.

Defenses. It is a defense to prosecution under subsections C. and D. that the person was:

1.

Aiding a motor vehicle occupant necessary in an emergency situation, or

2.

A peace officer in the performance of official duties.

(AO No. 2010-39, § 1, 5-11-10; AO No. 2014-42, § 50, 6-21-14)