For the purposes of this chapter, the following definitions shall apply:
"Loitering"
means standing or lingering on a median island without a permit or exception, other than to safely and lawfully cross the street.
"Median island"
means any area separating a street or highway into two or more lanes or directions of travel.
"Permittee"
means any person or organization applying for or issued a median island solicitation permit under this chapter, or any employee, agent, representative or other person who shall be occupying a median island for that person or organization.
(Ord. 13-02, 2013)
A permit shall be obtained by filling out an application. Said application shall be obtained at the Hanford police department. The fee for the permit shall be as established by council resolution and contained in the city master fee schedule. A permittee shall have the opportunity to request a waiver of fees for the permit. The Hanford police department, in its sole discretion, shall determine whether to grant or deny the waiver request based upon the criteria listed on the fee waiver request document.
(Ord. 13-02, 2013)
The city of Hanford police department and public works department shall create and provide a document listing the location of median islands in the city on which a permittee may conduct its permitted activities. The list shall be made available to the public at the Hanford police department.
(Ord. 13-02, 2013)
There shall be two types of permits:
A. 
Specific Median Island Permit. A permit that would allow a permittee to occupy a specific city approved median island.
B. 
Multiple Median Island Permit. A permit that would allow a permittee to occupy any city approved median island.
(Ord. 13-02, 2013)
A. 
No permit shall be issued under this chapter unless the permittee obtains and maintains, at no cost to the city, a personal injury and property damage liability insurance policy, with coverage not less than the recommendations of the city's liability insurance carrier.
B. 
A permittee shall have the opportunity to request a waiver of the requirements in this section. The city, in its sole discretion, shall determine whether to grant or deny the waiver request based upon undue hardship as set forth in the criteria listed on the liability insurance waiver request form.
(Ord. 13-02, 2013)
A permittee under this chapter shall, and by acceptance of their permit does, to the furthest extent allowed by law, hereby agree to indemnify, hold harmless and defend the city and each of its officers, officials, employees, agents and volunteers, as provided in a written statement set forth in the permit form, as recommended by the city's liability insurance carrier.
(Ord. 13-02, 2013)
All permittees shall wear safety clothing. Such clothing shall include, but not be limited to, orange or yellow reflective vests and/or shirts.
(Ord. 13-02, 2013)
A. 
All persons covered by a permit shall be no younger than 18 years of age. The city shall require proof of age by the permit applicant providing a valid birth certificate, valid California driver's license or other California or military issued identification card containing the permit applicant's birth date.
B. 
For organizational permittees, all persons to be covered under the permit shall be listed in the application, with proof of age provided by the organization for each person.
(Ord. 13-02, 2013)
All specific median island permittees shall be required to carry and display the permit, or a copy thereof, while on the median island. Any such person must show the permit or copy thereof to any city employee upon request.
(Ord. 13-02, 2013)
No permittee shall be allowed to bring any signs, materials or other objects on the median island that will obstruct any signal light or extend into a traffic lane or obscure any traffic sign on the median island. No animal shall be allowed on the median island other than a service animal.
No person shall be allowed to use any device that is made to extend into or across a lane of traffic used for the collection of items from the driver or passenger of a vehicle.
(Ord. 13-02, 2013)
All permittees shall be required to clean up and remove all litter, junk or any other material before they leave the median island. Any person or organization violating this section shall be required to reimburse the city for any costs related to the clean up and removal of any items left on the median island.
(Ord. 13-02, 2013)
All permittees shall be required at the time of application, to sign an acknowledgement and agreement to abide by all the rules and regulations listed in this chapter. Failure to follow any of the rules or regulations listed in this chapter are cause for immediate revocation of a permit.
(Ord. 13-02, 2013)
A specific median island permit or multiple median island permit shall not be issued to an individual or organization more than once every six months.
(Ord. 13-02, 2013)
Unless otherwise stated thereon, a permit issued under this chapter shall only be valid from sunrise to sunset on the date listed on the permit. The permit is revocable by any Hanford police officer due to unsafe conditions, including, but not limited to, poor visibility, weather, or other safety issue as determined by a Hanford police officer.
(Ord. 13-02, 2013)
A. 
This chapter shall not apply to freeway oriented solicitation prohibited by California Vehicle Code Section 22520.5.
B. 
This chapter shall not supersede the permit procedure for charitable solicitations by public safety personnel as set forth in California Business and Professions Code Section 17510.25.
C. 
This chapter shall not apply to those persons occupying a median island while conducting activities related to maintenance, surveying, construction, landscape maintenance, landscape improvements, responding to an emergency, or as otherwise permitted by law.
(Ord. 13-02, 2013)
Any person affected by any decision, action or determination by the Hanford police department interpreting or implementing the provisions of this chapter, including, without limitation, the provisions of this chapter, or any permit issued or denied hereunder by the Hanford police department, may file with the Hanford police department, within 10 days of the date of service of such decision, action or determination, a notice of appeal to the chief of police or designee appealing such decision, action or determination by the Hanford police department.
The notice of appeal shall set forth in detail the decision appealed, as well as all facts supporting the applicant's appeal of the decision at issue.
The filing of the notice of appeal shall not limit the authority of the chief of police or designee to take such action as the chief of police or designee deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter including taking action or issuing directives to prevent harm to the health or safety of the city or the public.
This section shall not apply to the appeal of administrative citations.
(Ord. 13-02, 2013)
A. 
Any person who shall violate any of the provisions of this chapter shall be guilty of an infraction and shall be punishable as provided in subsection (b) of Section 36900 of the California Government Code.
B. 
In addition, the city attorney shall also have the power to seek injunctive relief for any violation of this chapter.
C. 
In addition to any administrative penalty assessed for a violation of this chapter, any person or organization found in violation of this chapter will be charged abatement, actual, administrative and enforcement costs to recover the total costs incurred by the city in enforcing this chapter.
(Ord. 13-02, 2013)