HomeMy WebLinkAboutORD.2930.09-04-2001BILL NO. 2001-170
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 15-
16 OF THE CITY CODE, RELATING TO
PROHIBITING SELLING OR SOLICITING
CONTRIBUTIONS ON PUBLIC STREETS,
INTERSECTIONS OR SIDEWALKS
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, merchants
or other persons selling or soliciting contributions on streets,
sidewalks; restrictions; city council authorization", reading 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 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.
( 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.
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( 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.
is thereby reae-4,le in its entirety, and a new Section 15-16
entitled "Peddlers, merchants or other persons prohibited from
selling or soliciting contributions on streets, intersections,
sidewalks; restrictions; exceptions" is hereby enacted in lieu
thereof, in words and figures, to read as follows:
Sec. 15-16. Peddlers, merchants or other persons
prohibited from selling or soliciting
contributions on streets,
intersections, sidewalks; restrictions;
exceptions.
No peddler, huckster, hawker, vendor, merchant or
any person soliciting contributions shall conduct that
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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 inconvenience the public.
This section shall not apply to the commercial selling
of newspapers on sidewalks.
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 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 (-) ) .
ATTEST:
1 / 4
Gayly Conrad, City Clerk
Richard L. Eggimann, Mayor Pro Tem
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