The intent of this code is to outline regulations providing for safe on-street solicitation activities in the best interest for the health, safety, and welfare of vehicles, passengers, and pedestrians traveling on or using streets in the City.
For the purpose of this Code, the following interpretation and/or meanings shall apply:
AGGRESSIVE SOLICITATION
Approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional or unintentional blocking of pedestrian or vehicular traffic.
CHARITABLE ORGANIZATION
Any person, as defined in RSMo. section 407.010, who does business in this state or holds property in this state for any charitable purpose and who engages in the activity of soliciting funds or donations for, any fraternal, benevolent, social, educational, alumni, historical or other charitable purpose.
CHARITABLE PURPOSE
Any purpose which promotes, directly or indirectly, the well-being of the public at large or any number of persons, whether such well-being is in general or limited to certain activities, endeavors or projects.
SOLICITATION
Any request or appeal, either oral or written, or by gesture, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value for a charitable purpose.
A. 
No person or organization shall solicit for charitable donations on public streets and public rights-of-way in the City without prior written application and approval from the Chief of Police, or their designee, and shall comply with the following:
1. 
The solicitation will not substantially interrupt the safe and orderly movement of traffic, either pedestrian or vehicular as provided by in Chapter 345.080.
2. 
The solicitation will not require the diversion of City resources which prevents the normal provision of City services.
3. 
The solicitation event will not reasonably be likely to cause injury, damage property, provoke disorderly conduct or create a disturbance.
4. 
The application for permit must be made not later than fourteen (14) days before the event.
5. 
The solicitation may only be conducted at traffic controlled, signaled intersections on 58 Highway, between the Raymore portion of Dean Avenue and Johnston Parkway.
6. 
The solicitation may only take place one (1) hour following sunrise until one (1) hour prior to sunset.
7. 
The number of solicitors is limited to eight (8) per intersection, two (2) per corner within the City.
8. 
The solicitation event may last no more than two (2) days.
9. 
All solicitors must be seventeen (17) years of age or older.
10. 
Organizations are limited to one (1) solicitation event per calendar year.
11. 
Aggressive solicitation is prohibited in all instances.
12. 
All participants must wear reflective safety vests that meet the requirements established by the ANSI (American National Standards Institute) or ISEA (International Safety Equipment Association).
13. 
No person or participant of the event shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system at or near the intersection at which the solicitation for charitable donation is being conducted.
B. 
This Section of code is not intended to limit any persons from exercising their rights to solicit funds, picket, protest or otherwise engage in constitutionally protected activities.
C. 
This Section shall not be construed or interpreted as prohibiting a person(s) or organization from conducting solicitation on private property within the City with permission of the owner.
D. 
A certificate of insurance evidencing that the applicant and/or organization has public liability insurance in an amount sufficient to cover potential claims for any bodily injury, death or disability and for property damage which may arise from or be related to the use allowed by the permit. The policy shall name the City as an additional insured, apply as primary insurance regardless of any insurance which the City may carry; and obligate the insurance company to give notice to the City before cancellation of the policy. The insurance provided shall be in an amount in an amount up to the current City's sovereign immunity level as established by RSMo. The certificate of insurance shall accompany the written application.
A. 
Applications for permits under this Chapter must be filed with the Chief of Police. The application must be filed on a form to be furnished by the Police Department and shall contain a sworn statement which will indemnify and hold the City free and harmless from any and all claims, actions, or damages of every kind and description which may accrue to or be suffered by any person by reason or use of a public street. The application shall provide the following information:
1. 
Name and description of the event.
2. 
Name and address of the charitable organization.
3. 
Dates of the event.
4. 
Location of the event.
5. 
Name, addresses, and ages of all participants of the event.
6. 
A statement as to whether or not the applicant or participants of the event have been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed.
B. 
No permit issued under this Chapter shall be transferable or assignable.
The exhibition of the permit issued by the Chief of Police shall be made available at the location for the solicitation of charitable donation and produced upon demand.
In the event of a denial of an application of a permit by the Chief of Police, the applicant may file an appeal to the City Manager. Such appeal shall be heard within forty-eight (48) hours of the date and time the appeal was filed with the City Manager. The City Manager shall make the decision and shall set forth the grounds for granting or denying the appeal. Any applicant aggrieved by the decision of the City Manager may appeal that decision to the City Council provided the appeal is filed within ten (10) days of the City Manager's decision. The appeal shall be placed on the agenda of the next regular City Council meeting.
A. 
A permit issued under the provisions of this Chapter may be revoked by the Chief of Police of this City immediately for any of the following causes:
1. 
Fraud, misrepresentation, or false statement contained in the application for permit.
2. 
Fraud, misrepresentation, or false statements made in the course of solicitation for charitable donation.
3. 
Any violation of this Chapter.
4. 
Conducting the solicitation for charitable donation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
5. 
Conviction of any crime or misdemeanor involving moral turpitude.
B. 
If the situation which prompted the revocation of the permit is corrected, the individual(s) or organization may reapply if all of the requirements are met.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code.