Chapter 10.30 MISCELLANEOUS CITY RULES OF THE ROAD


Section 10.30.440 Soliciting in public right-of-way.

    1. It is unlawful for a person to sit or stand in any part of the public right-of-way for the purpose of soliciting money, employment, charitable contributions, or business from the occupant of any vehicle while the vehicle is in the roadway without a permit from the city.
    2. Any person desiring to obtain a permit to solicit in the public right-of-way shall make application to the city clerk.  The application shall be filed thirty days prior to the day the applicant seeks to solicit in the public right-of-way.  A person submitting such application for a permit shall pay to the city a nonrefundable fee in the amount of $100.00 to defray, in part, the cost of investigation and issuance of the permit.  The fee shall not be waived.
    3. A permit to solicit in the roadway shall not be issued to the same or essentially the same organization more often than one time in any twelve month period.
    4. Neither the filing of an application for a permit nor payment of the fee shall authorize a person to solicit in the public right-of-way prior to the time the permit has been granted.
    5. Each person desiring to obtain a permit from the city to solicit in the public right-of-way shall furnish the following information on forms provided by the city:
        a. The name of the applicant and the business represented, if any.
        b. The address of the applicant and the address of the business represented, if any.
        c. Proof of compliance with Chapter 4.52 of this Code
        d. A listing of the intersections the applicant proposes to solicit vehicles in the roadway.
        e. Proof of comprehensive general liability insurance providing coverage to the applicant, the applicant’ s organization, if any, and the city of Sioux City, Iowa, providing coverage of not less than $3,000,000.00 combined single limit.  The insurance shall cover damages to property or injuries to persons arising out of the soliciting activities of the person or the organization.
        f. The date or dates the applicant requests a permit to solicit in the public right-of-way.  No permit shall be issued for more than two consecutive days in a twelve month period.
    6. The application for permit to solicit in the public right-of-way shall be referred to the police department who shall review the intersections proposed by the applicant for solicitation.  The police department shall approve all intersections which are reasonably safe and which meet the requirements of this section.  The permit shall be issued to the applicant by the city for those intersections approved by the police chief if the application is in compliance with this section.  However, a permit shall not be issued to an applicant if that applicant or its agents or volunteers have been convicted of a violation of this section within the past twelve months.
    7. Solicitation by the permittee shall be subject to the following rules and regulations:
        a. No person shall be permitted to solicit in the roadway who is under the age of 18 years.  It shall be a violation for a person to permit a minor to accompany the person while soliciting in the roadway.  
        b. Solicitation shall be prohibited prior to 8:00 A.M. and after sunset.
        c. Solicitation shall be prohibited on U.S. Highway 75, Lewis Boulevard or on any intersecting street for a distance of three hundred feet.
        d. Solicitation shall be prohibited on U.S. Highway 12, Gordon Drive or on any intersecting street for a distance of three hundred feet.
        e. Solicitation shall be prohibited on Hamilton Boulevard or on any intersecting street for a distance of three hundred feet.
        f. A solicitor shall not touch any part of the motor vehicle while soliciting in the public right-of-way.
        g. All solicitors shall wear a bright orange vest or other color as approved by the city manager.
        h. It shall be unlawful for any person to solicit at an intersection that is not controlled by four way stop signs or at an intersection that is not controlled by a traffic control signal and for which islands have been installed in the roadway controlling the turning movement of the motor vehicles.  At either type of intersection, solicitors must remain standing on the adjacent sidewalk or on a traffic control island when soliciting from motor vehicles in the roadway.
        i. Solicitors shall offer contributors a receipt which can be displayed from inside the vehicle.
        j. A sign, not less than two feet square identifying the soliciting organization must be displayed at each intersection where solicitation in the roadway occurs.
    8. Any person denied a permit may appeal such denial to the city manager within ten days after receipt of the notice of denial.  The appeal shall be in writing signed by the applicant and delivered or mailed to the city manager.  The city manager’ s designee shall promptly schedule a day, time and place to hear the appeal and shall issue his decision within seven days after the hearing.  The decision of the city manager shall be final. (Ord. 2001-0088)