HomeMy WebLinkAboutORD.2888.05-21-2001f
BILL NO. 2.001-99
ORDINANCE NO. �Q:9'ZS
AN ORDINANCE AMENDING SECTION 15-16 OF THE
CITY CODE RELATING TO SELLING OR SOLICITING
CONTRIBUTIONS ON CITY STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 15-16 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, entitled "Peddlers, other merchants
selling on streets, sidewalks, parking spaces; restrictions",
reading as follows:
Sec. 15-16. Peddlers, other merchants selling on
streets, sidewalks, parking spaces;
restrictions.
(a) Streets, sidewalks. No peddler, huckster,
hawker, vendor or merchant shall have any exclusive right
to any location in the public streets or sidewalks, or
have a stationary location, nor shall he operate in any
congested area where his operations might impede or
inconvenience the public. The judgment of a police
officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the
public impeded or inconvenienced.
(b) Metered parking spaces. No peddler, huckster,
hawker, vendor or merchant shall operate in or from any
metered parking space.
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is;h�rbyp��dntS entaret and a new Section 15-16 of the
City Code entitled "Peddlers, merchants or other persons selling or
soliciting contributions on streets, sidewalks; restrictions; city
council authorization" is hereby enacted in lieu thereof, in words
and figures, to read as follows:
Sec. 15-16. Peddlers, merchants or other persons
selling or soliciting contributions on
streets, sidewalks; restrictions; city
council authorization.
(a) Streets, sidewalks. Except as specifically
authorized by the city council pursuant to subparagraph
(b) of this section, no peddler, huckster, hawker,
vendor, merchant or any person soliciting contributions
shall conduct that activity in the public streets,
intersections, medians or sidewalks, nor shall such
person have a stationary location or operate in any
congested area where his operations might impede or
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inconvenience the public. This section shall not apply to
the commercial selling of newspapers on sidewalks.
(b) City Council Authorization -- Criteria. The
city council shall only authorize the activities referred
to in this section using the following requirements:
(1) Approval shall only be issued to
charitable organizations showing proof of
their tax-exempt status under Section
501(c) of the Internal Revenue Code, and
having an association to the City of Cape
Girardeau community.
(2) All persons or organizations desiring to
obtain city council approval pursuant to
this section shall submit a written
application to the city clerk on forms
provided by the chief of police, at least
thirty (30) days prior to the activity,
providing the following information:
(A) The requested date, time and
specific locations.
(B) Name of organization represented and
proof of Internal Revenue Service
tax exempt status.
(C) A statement of how participants will
be identified as members of the
organization.
(D) The objective for the funds.
(3) All participants must be at least
eighteen (18) years of age.
(4) All children under the age of eighteen
(18) years are prohibited from
accompanying participants.
(5) The city council must be satisfied from
the past record of any applicant which
has conducted activities authorized
pursuant to this section that that
applicant will conduct the event in a
neat, safe and orderly manner. A report
shall be made of each event by the police
department. A copy of that report shall
be submitted to the city council along
with any subsequent application filed by
the organization for authorization under
this section.
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(6) The city council may take into account
traffic problems, construction activity,
or other scheduling issues in deciding
whether to approve an application in
whole or in part.
(7) All participants shall wear orange
traffic safety vests approved by the
chief of police or his designee. If at
any time a participant fails to properly
wear a safety vest, or to conduct such
activity in a neat, safe and orderly
manner, the city police shall order the
activity stopped immediately. All
organizations must sign a waiver that if
any of its participants are injured on
city property the city will not in any
way be responsible for their injuries,
and that all risk will be borne by that
organization.
(8) The chief of police or his designee shall
maintain a calendar that schedules the
solicitation/sales events approved
pursuant to this section. Said calendar
shall be maintained to allow no more than
one (1) such solicitation/sales activity
per calendar month. Dates for these
events shall be granted on a first
request basis. No organization may have
more than one (1) such event in any
calendar year.
(9) Participants are prohibited from crossing
lanes of traffic or darting between
vehicles at all times.
(10) Any event authorized pursuant to this
section shall only occur during daylight
hours after sunrise and before sunset.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it is
hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of Ordinances of the City of Cape
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Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF 20
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ATTEST:
GaylejL. Conrad, City Clerk
A. M1 Spradling, III,
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