Explanation
Ordinance 0868-2003 was passed by City Council on June 23, 2003, repealing section 525.23 of the Columbus City Code relating to Permits to solicit charitable contributions in the roadway. By repealing this section of the code the City has inadvertently prevented organizations from soliciting charitable contributions from the roadway. This ordinance will reinstate the language that was repealed in the ordinance that was passed by City Council.
Title
To amend ordinance number 0868-2003 by reinstating section 525.23 of the Columbus City Codes, 1959; and to declare an emergency.
Body
WHEREAS, Ordinance 0868-2003 was passed by City Council on June 23, 2003, repealing section 525.23 of the Columbus City Code which provided a process for the issuance of permits to solicit charitable contributions in the roadway; and
WHEREAS, by repealing this section of the code the City has inadvertently made it illegal to solicit charitable contributions from the roadway; and
WHEREAS, this ordinance will reinstate the language that was repealed in the ordinance that was recently passed by City Council; and
WHEREAS, an emergency exist in the usual operation of the Department of Public Safety in that it is immediately necessary to amend said ordinance to enable properly permitted charitable organizations to solicit funds in the roadway for the preservation of public health, peace, property and safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That ordinance 0868-2003 is amended as follows and the following language is hereby reinstated to the Columbus City Code:
525.23 Permit to solicit charitable contributions in the roadway.
(a) The charitable solicitations board shall issue a permit to solicit contributions on a street, highway or roadway from the driver or occupants of a vehicle when all requirements of paragraph (b) of this section have been met.
(b) Certain charitable organizations may apply for and obtain a permit to solicit contributions in the street, highway or roadway, but not on a freeway as provided in Section 4511.051(A), Ohio Revised Code, when a permit is issued by the charitable solicitations board as follows:
(1) The charitable solicitations board shall prescribe a form and receive applications to solicit contributions on a street, highway or roadway, and shall adopt rules and regulations to implement this section.
(2) An application may be made only by a charitable organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to Section 501(C)(3) of the Internal Revenue Code, as amended. Said Internal Revenue Service ruling or determination must be attached to the application prescribed by the charitable solicitations board.
(3) An application to solicit in the street, highway or roadway shall state the date and times for which the permit is sought. A permit under this section shall not be issued to a charitable organization for more than one (1) day each calendar year during the hours of 8:00 a.m. and 6:00 p.m. on that date, or during daylight hours on such date.
(4) The application to solicit in the street, highway or roadway shall specify the locations or intersections for which the permit is sought, and shall list the names and addresses of all agents authorized to solicit on behalf of the organization.
(5) The application shall be accompanied by a paid up liability insurance policy or certificate of insurance in the amount of not less than one million dollars ($1,000,000) that insures the charitable organization for any and all claims that may arise as a result of soliciting contributions in the street, highway or roadway and which insurance policy contains a clause that names the city and its officers, agents or employees as an additional named insured under such policy.
(6) The application may be accompanied by a statement from the safety director and service director that the proposed solicitation in the street, highway or roadway at the specified locations on the date stated in the permit will not cause excessive traffic congestion or hazard and does not conflict with a previously issued parade permit or scheduled public event. The charitable solicitations board must make both an inquiry and a determination on those subjects prior to the issuance of a permit and conclude that with or without such letters, the proposed solicitation in the street, highway or roadway will not cause excessive traffic congestion or hazard and does not conflict with a previously issued parade permit or scheduled public event.
(7) The chief of the division of police shall be provided a copy of the application, permit, and names of the agents of an organization that is issued a permit under this section. All agents soliciting contributions pursuant to a permit issued under this section shall possess a copy of such permit with them during the period of such solicitation.
(c) After charitable solicitations have been conducted pursuant to a permit issued under this section a permit holder shall notify the charitable solicitations board within sixty (60) days thereafter of the net proceeds resulting from such solicitation.
SECTION 2. That for the reason stated in the preamble hereto, which is herby made a part hereof, this ordinance is herby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.