§ 21-263. Regulations.

The use of any traveled right-of-way in the county for the solicitation of charitable contributions, is subject to the following regulations:

(1)

Any solicitation activity within a collector road or arterial road right-of-way between the curb to curb or shoulder to shoulder portion of the paved right-of-way, including medians therein, shall require a permit as set forth in section 21-264 below.

(2)

Any solicitation activity within a collector road or arterial road right-of-way, when such use occurs outside of the vehicular traffic lanes, but the activity is directed primarily toward vehicles within the traffic lanes, shall require a permit as set forth in section 21-264. However, the provisions of this section shall not apply to any passive informational activity which takes place outside of the vehicular traffic lanes even though such activity is directed primarly toward vehicles within the traffic lanes. For the purposes of this exception, a passive informational activity is defined as the presentation by a person or group of a message which requires no response and which merely presents information or experesses an opinion or sentiment. However, such passive informational activity may be subject to the requirements of the public assembly ordinance.

(3)

The intersections of certain collector road and arterial road rights-of-way between the curb to curb or shoulder to shoulder portion of the paved right-of-way, including any medians therein, and traveled portions of such roads adjacent to such intersections, due to their high traffic volumes, designs and/or accident rates, are hazardous and unsafe for solicitation activity. Such hazardous and unsafe intersections and adjacent roads shall be designated as "Hazardous and Unsafe Intersections" from time to time by published order of the county traffic engineer published and filed with the clerk to the board of county commissioners. No permits shall be issued under section 21-264 for any solicitation activity at those intersections so designated as hazardous and unsafe in any such order. Further, no permit shall be issued under section 21-264 to allow any solicitation activity to take place within or upon those rights-of-way of the roads which constitute or create such a designated intersection when such solicitation activity would take place within five hundred (500) feet of such a designated intersection. Those hazardous and unsafe intersections designated in a "Hazardous and Unsafe Order" by the county traffic engineer shall be so designated by the county traffic engineer after consideration of appropriate evidence justifying such designation in light of nationally accepted standards of sound traffic engineering practice, including, but not limited to, those standards promulgated by the Institute of Traffic Engineers. The county traffic engineer periodically shall review intersections for designation as hazardous and unsafe and may make additions and deletions to those so designated based upon changes in traffic volumes, rights-of-ways, designs and/or accident rates and other appropriate criteria.

(4)

This article shall affect a person's or group's right to use only those portions of rights-of-way in the county which are regulated under authority of this article. Other applicable local, state, and federal laws and regulations regarding rights-of-way shall continue in full force and effect, including those prohibiting commercial use of rights-of-way.

(5)

In order to provide for the orderly flow of traffic, and in order to protect the health, safety, and welfare of both participants and the traveling public, the solicitation of charitable contributions shall comply with the following conditions:

a.

Solicitation of charitable contributions shall be permitted only on Saturdays and Sundays, unless special permission for cause is granted by the county traffic engineer, and between the hours published by appropriate federal government authority as those official times for sunrise and sunset.

b.

Participants in solicitation activities regulated hereunder shall not enter or remain in the traffic lanes of the roadway except at and within designated pedestrian crosswalks.

c.

Participants in solicitation activities regulated hereunder who are positioned on roadway medians or in pedestrian crosswalks shall at all times wear a safety garment such as a high visibility shirt, vest, or jacket, the color of which shall be orange, yellow, strong yellow-green (or the fluorescent versions of these colors) and such garment shall comply with specifications contained in the current edition of "Part IV of the Manual on Uniform Traffic Control Devices," as published by the Federal Highway Administration.

d.

If any minor under the age of eighteen (18) participates in solicitation activity regulated hereunder, it is required that one (1) adult supervisor be present at the solicitation activity site for each group of three (3) or fewer minor participants present. The presence of such an adult supervisor is required in order to supervise the movements and promote the safety of such minor participants.

e.

Any participant who is engaged in the solicitation of charitable contributions shall display prominently a legible identification card or badge which shall show the following information:

1.

A recent photograph of the participant.

2.

The participant's name.

3.

The name of the sponsor of the solicitation activity.

The participant's name and photograph shall be permanently affixed or laminated to such card or badge. Identification provided for other purposes (vehicle operator license, state identification card, employer identification card, et cetera) may be used to satisfy informational portions of this requirement. The required identification card or badge shall be provided by the permittee to each participant.

(6)

Participants in solicitation activity regulated hereunder shall not block or obstruct any road, traffic lane, crosswalk, sidewalk, driveway, or property entrance in any manner or fashion which would prevent the beneficial use of such. No participant in a solicitation activity regulated hereunder shall engage in any activity or behavior which may endanger the personal safety of the public or the participant.

(Ord. No. 2004-05, § 1, 5-18-04)