HomeMy WebLinkAboutPO 6324: AMEDING CODE OF ORDINANCES AS IT PERTAINS TO SOLICITING CONTRIBUTIONS P. O. NO. 6324
06/18/13 gt
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 94 -63 OF THE
CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR
AS IT PERTAINS TO SOLICITING CONTRIBUTIONS
(REQUESTED BY COUNCILMEMBER FREEMAN)
WHEREAS, the Code of Ordinances establishes limits and
regulations for the soliciting of contributions; and
WHEREAS, in order to effectively administer the policy the City
Council desires to update this policy as to amend subsection (b)(4)
as follows:
"Sec. 94 -63. - Soliciting contributions.
(a) Prohibited. It shall be unlawful for any person to solicit
contributions upon the streets or sidewalks.
(b) Exceptions.
(1) Notwithstanding the provision of subsection (a) of
this section or any other provision in this Code, a
person 17 years of age or older may solicit charitable
contributions while standing on a traffic median,
shoulder, improved shoulder, sidewalk, or the improved
portion of the roadway from occupants of any vehicle
on a roadway, provided that such person wears a
fluorescent orange visibility vest, does not impede
traffic, enters or remains in a roadway only while the
controlling traffic signal prohibits vehicle movement,
and has obtained a permit to do so, or who is a member
of an organization which has obtained a permit to do
so, from the chief of police.
(2) Permits may be issued to no person or organization
more than once per calendar year for a nationally
recognized campaign; for no more than two consecutive
days, consisting of a Friday, Saturday or Sunday, and
for no hours other than those between the hours of
9:00 a.m. and one hour before sunset.
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(3) The chief of police shall issue a solicitation permit
upon application, provided that such application
states the name and address of the person or
organization for whom solicitation is made, the names
and addresses of the persons soliciting, the locations
at which soliciting will take place, and the times
during which the soliciting will take place.
(4) Permit applications must be accompanied by a fee of
$200.00 $50.00 and a certificate of insurance signed
by an agent authorized to bind coverage indicating
that the applicant has obtained, at his sole expense,
insurance coverage that:
a. Is written by an insurance company with an A- or
better rating that is admitted and licensed to do
business in the state;
b. Is in full force and effect for the duration of
the permit period;
c. Provides $1,000,000.00 of liability coverage per
occurrence with no deductible;
d. Insures the applicant and all persons who will be
soliciting;
e. Names the city, its officers, employees and
elected representatives as additional insureds;
f. Is written on an occurrence basis; and
g. Is otherwise acceptable to, and approved by, the
chief of police.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That Section 94 -63 of the Code of Ordinances be
amended as denoted in the attached "Exhibit A."
Section 3. That this Ordinance shall be effective imediately.
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Section 4. That a copy of the caption of this Ordinance be
spread upon the minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of June, 2013, A.D.,
at a Regular Meeting of the City Council of the City of Port Arthur,
Texas by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
CITY SECRETARY
APPR D S TO FORM:
I
A
CITY ATF' . 1EY'
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
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l
Sec. 94 -63. - Soliciting contributions.
(b) Prohibited. It shall be unlawful for any person to solicit contributions upon the streets or
sidewalks.
(b) Exceptions.
(1) Notwithstanding the provision of subsection (a) of this section or any other provision
in this Code, a person 17 years of age or older may solicit charitable contributions
while standing on a traffic median, shoulder, improved shoulder, sidewalk, or the
improved portion of the roadway from occupants of any vehicle on a roadway,
provided that such person wears a fluorescent orange visibility vest, does not impede
traffic, enters or remains in a roadway only while the controlling traffic signal prohibits
vehicle movement, and has obtained a permit to do so, or who is a member of an
organization which has obtained a permit to do so, from the chief of police.
(2) Permits may be issued to no person or organization more than once per calendar
year for a nationally recognized campaign; for no more than two consecutive days,
consisting of a Friday, Saturday or Sunday, and for no hours other than those
between the hours of 9:00 a.m. and one hour before sunset.
(3) The chief of police shall issue a solicitation permit upon application, provided that
such application states the name and address of the person or organization for
whom solicitation is made, the names and addresses of the persons soliciting, the
locations at which soliciting will take place, and the times during which the soliciting
will take place.
(4) Permit applications must be accompanied by a fee of $50.00 and a certificate of
insurance signed by an agent authorized to bind coverage indicating that the
applicant has obtained, at his sole expense, insurance coverage that:
f. Is written by an insurance company with an A- or better
rating that is admitted and licensed to do business in the
state;
g. Is in full force and effect for the duration of the permit
period;
h. Provides $1,000,000.00 of liability coverage per
occurrence with no
deductible;
d. Insures the applicant and all persons who will be soliciting;
e. Names the city, its officers, employees and elected representatives as
additional insureds;
f. Is written on an occurrence basis; and
g. Is otherwise acceptable to, and approved by, the chief of police.
s.po6314