No person shall participate in or engage in activities that comprise a fundraising solicitation event at approved intersections within the city limits of Oswego KS without first obtaining a permit for such an event.

(Code 2013)

The words and phrases listed below when used in this article shall have the following meanings:

(a)   “Fundraising solicitation event” is defined to mean an event where persons stand upon a street and/or highway of the city and solicit funds that benefits the community or an Oswego school as a whole (i.e. PTO, Project Prom, etc.) or to benefit a charitable organization (i.e. MDA, Knights of Columbus Tootsie Roll Drive, American Heart Association, Red Cross, etc.). Fundraising events to benefit one individual or a selected few will not be permitted.

(b)   “Approved intersection” is defined to mean the intersection of 6th & Commercial within the City of Oswego KS at which fundraising solicitation events are allowed to occur which has been approved by the Chief of Police or the Chief’s designee in consultation with the City Superintendent. At no time will fundraising solicitation events be allowed at intersections that are under construction, or where road work is ongoing.

(Code 2013)

Any person desiring to participate in or engage in activities that comprise a fundraising solicitation event at the approved intersection within the City limits shall make application for a permit with the City Clerk’s Office. The application shall be on such form and contain such information as the City Clerk shall require, including the following:

(a)   The Group Name for which the fundraising solicitation event is being conducted.

(b)   The name and address of the applicant, or if the applicant is a firm or corporation, the names and addresses of persons owning a financial interest therein.

(c)   The date(s) and time(s) that the fundraising solicitation event(s) will be conducted. Fundraising solicitations events may be held no longer than five (5) hours. They cannot begin any earlier than one (1) hour after sunrise and cannot end any later than one (1) hour before sunset.

(d)   A certificate of insurance naming the city as additional insured as described in section 5-605.

(e)   A safety plan as required by Section 5-606 (b).

(f)   A statement by the applicant that he or she is at least 21 years of age

(g)   Applications shall be submitted no later than 10 days prior to the time of the monthly council meeting that precedes the fundraising solicitation event. The council meets the 2nd Monday of each month at 6:30pm

(Code 2013)

An application for a fundraising solicitation permit may be denied if:

(a)   The applicant is not at least 21 years of age;

(b)   The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process:

(c)   The application is incomplete or does not contain the information as required in Section 5-603 (a) - (g).

(d)   The applicant has had a permit under this chapter or a similar type of permit or license in any jurisdiction previously suspended or revoked for good cause within one year immediately preceding the date of the filing of the application;

(e)   The applicant fails to comply with any conditions of approval including, but not limited to:

(1)   Remittance of all application and permit fees;

(2)   Proof of liability insurance as required;

(3)   Submission of a safety plan as required.

(f)   Fundraising organizations are limited to one solicitation event per year, except for emergency approval.

(g)   If a permit application is denied, under the provisions of this section, notice shall be given to the applicant in writing. Such notice shall set forth the reasons for the denial, and shall inform the applicant that such an order may be appealed to the City Council by filing a written request with the City Clerk within ten (10) calendar days from the date contained on the notice. If an appeal is taken from the denial of a permit application, no permit shall be issued until the matter is resolved by the City Council.

(Code 2013)

(a)   The permit holder for a fundraising solicitation event shall procure and maintain in full force and effect during the term of the permit a policy of insurance from an insurance company authorized to do business in the State of Kansas that lists the City as an additional insured and which provides general liability coverage in an amount not less than $1,000,000 per occurrence. The city is absolutely not responsible for any accident or injury.

(b)   For groups that are not under a liability insurance policy (such as Project Prom), the city, at its discretion, may allow that in lieu of the liability insurance requirement of subsection (a), each person working at the event must prove they have individual medical insurance. The city is absolutely not responsible for any accident or injury.

(Code 2013)

(a)   It is the obligation of the permit holder or responsible party for a fundraising solicitation event and a condition of the permit to maintain at all times adequate safety procedures for the conduct of such event.

(b)   The permit holder for a fundraising solicitation event shall submit with his or her application a written safety plan to insure that all persons participating in the fundraising solicitation event will conform to the standards of conduct set forth in Section 5-607 and, further, that adequate safety measures will be taken to protect all participants, all traffic laws will be obeyed, and that the age requirements for solicitors and responsible persons at fundraising solicitation locations will be observed.

(Code 2013)

Persons who participate in or engage in activities that comprise a fundraising solicitation event shall conform to the following standards of conduct:

(a)   Solicitors may only solicit on behalf of organizations as defined in Section 5-602(a).

(b)   Solicitors may only solicit on the dates and times set forth on the permit application submitted for the event.

(c)   All solicitors shall be 18 years of age or older and must carry a valid, government issued, photo I.D. showing the solicitor to be at least 18 years of age on his or her person while engaged in a fundraising solicitation event, and such I.D. shall be presented upon request by any officer of the City.,

(d)   There shall be at least one person 21 years of age or older present at the approved intersection while solicitation is occurring who shall be designated as the responsible party for the group and shall be a contact person for the police.

(e)   A copy of the permit issued which lists the approved intersection must be in the possession of the responsible party at the approved intersection while the solicitation is occurring, and shall be presented for inspection when requested to do so by any officer of the City, or by any person being solicited for a contribution.

(f)   Solicitation shall be allowed only at the approved intersection and that which is identified on the permit of the fundraising solicitation event as the intersection where the applicant intended to solicit donations.

(g)   No solicitor shall suddenly leave the curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(h)   Solicitors shall not approach a vehicle unless a window is down or an occupant has given some sign of assent to be approached.

(i)    Solicitors shall not engage in heckling of drivers. Any form of heckling will result in a group losing their opportunity to participate in future fundraising events.

(j)    Solicitation shall occur only during daylight hours after sunrise and before sunset.

(k)   Each solicitor shall wear a safety vest of a color of orange or bright yellow and material that will enhance visibility and help insure solicitor safety. Identification of the soliciting agency shall be printed or displayed on each safety vest.

(l)    The soliciting organization shall be identified by prominent signs visible to drivers and held by individuals on the curb, carried or worn by the solicitors, or placed upon a vehicle legally parked in close proximity to the solicitors. Signs or banners shall clearly display what the funds will be used for. Signs or banners shall not be posted or affixed to the ground and shall not inhibit or obstruct traffic visibility.

(m)  Identification of the soliciting agency shall be printed or displayed upon all containers used by solicitors to collect monetary donations.

(n)   All groups will provide some type of receipt to show the vehicle has already given and is large enough to be seen on the dash of a car when driving through the intersection again.

(Code 2013)

In addition to issuing citations to individuals for violations of any of the standards set forth in Section 5-607 (a)-(n), a law enforcement officer may order that the violator leave the premises of the fund raising solicitation event for the remainder of the event. If the violator is the responsible person for the group of solicitors at an intersection, soliciting shall cease until another individual who qualifies as a responsible person is present at the event location.

(Code 2013)

The Chief of Police or the Chief’s designee may suspend or revoke a fundraising solicitation event permit if it is determined that:

(a)   The permit holder has made any false statement or given any false information in connection with an application for a permit;

(b)   The permit holder or the responsible party supervising solicitations at an intersection has engaged in or has allowed solicitors to engage in activity that endangers the safety of any solicitor or other person or the public at large, or causes an unreasonable risk of damage to either public or private property.

(c)   The permit holder or the responsible party supervising solicitations at an intersection has repeatedly violated or has allowed solicitors to repeatedly violate any of the standards of conduct set forth in Section 5-607 (a) - (n).

(d)   If the Chief of Police or the Chief’s designee suspends or revokes a fundraising solicitation event permit under the provisions of this section, notice shall be given to the permit holder in writing. Such notice shall set forth the reasons for the suspension or revocation, and shall inform the permit holder that such an order may be appealed to the City Council by filing a written request with the City Clerk within ten (10) calendar days from the date contained on the notice. Upon receipt of such notice, the City Clerk shall notify the Chief of Police who shall forward all relevant information and exhibits to the City Clerk within ten (10) days. Any appeal taken from an order of the Chief of Police or the Chief’s designee shall stay the order of suspension or revocation until the matter is resolved by the City Council.

(e)   Any permit holder who has his or her permit revoked or suspended pursuant to this section, as well as the fundraising organization for which the permit holder was Soliciting donations at the time the conduct occurred which gave rise to the suspension of such permit shall be ineligible to receive a permit for any other charitable solicitation event under this chapter for a period of three (3) calendar years from the date of suspension or revocation.

(Code 2013)