2008-05
ORDINANCE NO. 2008-5
AN ORDINANCE AlVIENDING AND REENACTING SECTION 98-18, CHAPTER 98,
OF THE CODE OF THE CITY OF FAIRFAX:, VIRGINIA, TO ESTABLISH A PERlVIIT
PROCESS THROUGH VVHICH BONAFIDE CFIARITABLE ORGANIZATIONS lVIAY
BE PERlVIITTED TO SOLICIT CONTRIBUTIONS VVFIILE STANDING ON A CITY
STREET OR ROADVVAY, AS APPROVED.
BE IT ORDAINED, by the City Council orthe City of Fairfax" Virginia.. that: Section 98-18 of
the Code of the City of Fairfax, be and the same is hereby amended and reenacted as follovvs:
Sec. 98 1 S_ Pedestrians solicitiu2: rides or business.
(a) No person shall stand upon or in proxitnity to any street or roadV\.Tay including any
sideV\Talk, shoulder or median strip, for the purpose oI soliciting a ride, emp lC>yrr1ent.. bl...1.siness"
or contributions from the occupant or any vehicle vv-ith the exception or charitable
organizations granted a permit as detailed in Section b.
The provisions of this section shall not apply to any person soliciting transportation in the
case or an actual bona fide emergency.
(b) Exceptions for Charitable Solicitation from Vehicles and Permit Procedures:
The prohibition on soliciting contributions from OCCUpa.I1ts of vehicles in a street,
road"V\l"ay, or median strip does not apply to charitable organizations or persons or
organizations acting on their behalf "V\I"hich have been issued a permit under this section and
VV"ho are in compliance VV"ith all other provisions of this section. In order to solicit
contributions "V\I"hile standing in a public street, high,^,ay or median, a charitable organization
must comply 'VVith the follo"V\l"ing requirements:
(1) Not less tha.I1 14 days prior to the date desired for soliciting, submit a complete
application to the City :rv1anager's of:nce for a charitable solicitation permit. The
form shall require the charitable organization to provide its full name, a point of
contact for the organization, the desired date(s), time(s) and specific location(s)
for soliciting ('-"'Vhich must be intersection(s) Vv'"ith a traffic control signal light), the
name, mailing address and phone number of the group ",hich vvill be engaging in
solicitation activities on behalf of the charitable organization, and an agreement by
the organization indemnifying the city and holding the city harmless from any and
all claims, suits, demands, damages, and attomey fees arising out of or related to
the acts or omissions ofpersons soliciting for the organization. The form may
require further informatioTI that is reasonably necessary to the direct enforcement
of this section and the purposes of this article.
(2) At the time of submitting a completed application, the organization shall also
submit the follovving, and failing to do so renders the application incomplete.
a. "\.iVritten proof of liability insurance in the amount of at least
$1,000,000 per occurrence that insures the applicant and all
persons vvho vvill be soliciting. The policy must include the City
of Fairfax as an additional insured.
b. An application permit fee of$25. This ree VV"ill be used to defray the city's
cost of processing the application and compliance monitoring on the streeL
This fee is nonrefundable, unless the permit is denied.
c. ,^,"ritten proof that the organization benefiting from the collection is a
charitable organization that is qualified under Section 501(c)(3) of the
Intemal Revenue Code.
(3) Additional solicitation activity restrictions:
a. No more than one permit per calendar year may be issued to an
organization.
b. Street soliciting under a permit shall be authorized for no more than five
consecutive calendar days, and shall be limited to the period of7:30 a.m.
and until one half hour prior to sunset, at the approved location(s) specified
in the application.
c. All solicitors must be eighteen years of age or older.
d. No solicitor may impede traffic at any time.
e. All solicitors must wear an official Identification badge which identifies
the charitable organization soliciting contributions and allows motorists to
verify the organization's authenticity.
f. A safety plan must be submitted with the application for the permit. This
plan must include a description of collection notification signs to be used
and safety equipment and procedures to be used by those individuals
collecting for the charitable organization.
(Code 1978, ~ 13-25)
State law references: Pedestrians soliciting rides, Code of Virginia, ~ 46.2-929.
This Ordinance shall become effective immediately.
INTRODUCED: March 11, 2008
PUBLIC HEARING: March 25, 2008
ADOPTED: March 25, 2008
..,",
Mayor
~p$-'/o5Y
Date
ATTEST:
~~~
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye