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HomeMy WebLinkAboutOrdinance 14875 ORDINANCE NO 5 AN ORDINANCE AMENDING CHAPTER 30, "STREETS AND SIDEWALKS" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING SECTION 30-7, "SOLICITATIONS" TO ALLOW SOLICITATION OF CONTRIBUTIONS ON TRAFFIC MEDIANS, SHOULDERS, IMPROVED SHOULDERS, SIDEWALKS, OR THE IMPROVED PORTION OF A ROADWAY; AMENDING SECTION 30-2, "DISTRIBUTING, SELLING OR SOLICTING ON MEDIANS AND TRAFFIC ISLANDS" BY DELETING THE REFERENCE TO SOLICITING DONATIONS, AMENDING SECTION 22-284, "SOLICITATIONS" OF CHAPTER 22, "MOTOR VEHICLE AND _b TRAFFIC", BY DELETING REFERENCE TO CONTRIBUTIONS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current City Code of the City of Fort Worth prohibits all solicitation on and along public roadways wrthm the city limits, and WHEREAS, the current City Code also bans the solicitation of donations of any kind on any median or traffic island within any nght of way of any street, alley or thoroughfare; and WHEREAS, the City Council received a request for an exception to the prohibition on solicitation of funds, and WHEREAS, on July 17, 2001, the City Council directed the Safety and Community Development Committee to study a possible amendment of the applicable provisions of the City Code to allow for limited solicitation on and along the streets and roadways m the City; and WHEREAS, on recommendation of the Safety and Community Development Committee, the City Council desires to provrde opportunities to solicitors who wish to sohcrt contributions on or along roadways, streets or thoroughfares m the Crty, and WHEREAS, the Crty Council deems rt necessary to place reasonable time, place and manner restrictions on solicitations of contributions m order to protect the safety of motorists and pedestrians and to maintain the orderly flow of traffic at intersections, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 30, Article I, of the Crty Code of the Crty of Fort Worth, "Streets and Sidewalks", "Pedestrians", is amended by adding Section 30-7, "Solicitations", to provide for limited solicitation of contributions on a traffic curbed median, shoulder, improved shoulder, sidewalk, streets or roadways to read as follows (A) Notwithstanding any other provisions of the City Code, a person eighteen years of age or older may sohcrt contributions while standing on a traffic median, shoulder, improved shoulder, sidewalk, or the improved portion of the roadway from occupants of any vehicle on a roadway, street or thoroughfare under the following terms and conditions 1) All sohcrtors must be eighteen (18) years of age or older; 2) No sohcrtor may impede traffic at any time; 3) All solicitors must enter or remain m a roadway, street or thoroughfare only •-.,,~ while the controlling traffic signal prohibits vehicular movement; 4) All solicitors must remain within 100 feet of or from the intersection approved under the permit; 5) No person may sohcrt without the required insurance coverage as outlined in Section (D) of this Ordinance; 6) All solicitors must wear a City approved florescent orange or yellow vest at all times while soliciting; 7) No person may solicit until (a) a sign approved by the City is posted, no less than 500 feet from the intersection, m the right parkway for each approaching lane of traffic up to two lanes wide, or (b) two signs approved by the City are posted, no less than 500 feet from the intersection, m both the left and right side parkway of approaching lanes of traffic of three or more lanes, and 8) No person may solicit until a permit is issued from the Transportation and Public Works Department per the terms of this Ordinance. 2 (B) Signs and Vests. Prior to the issuance of a permit, applicant must obtain approval from the City Transportation and Public Works Department of all signs and vests to be used by the solicitors. All signs must be removed from each intersection at the end of each day of the permit period. (C) Permits 1) Each person or organization, whose application meets the requirements of this Section, may be issued one permit per calendar year, for no more than two (2) specified days. Each permit shall allow solicitation only between the hours of 9.00 a.m. and one hour before sunset, as determined by the official newspaper or a paper of general circulation m the City 2) Only one permit will be issued for an intersection on any given day Permits ''` will be issued on a first come basis to those applicants who submit a completed application form, required certificate of insurance and approval by the City of the signs and vests to be used by the solicitors. 3) The application for a solicitation permit shall state the name, mailing address and telephone number of the person or organization registering to sohcrt and the ~° •~,~ location(s) and times the sohcrtation will take place. °' 4) .Permit applications must be accompanied by a certificate of insurance as outlined m Section (D) of this Ordinance. 5) The City Transportation and Public Works Department shall review the application and issue a permit to a person or organization whose application meets the requirements of this Ordinance. (D) Insurance. The certificate of insurance must be signed by an agent authorized to bind coverage and indicate that the applicant has obtained, at his sole expense, the following insurance coverage 1) That is written by an insurance company with an A- or better rating by AM Best and that is admitted or approved to do business m the State of Texas, 2) That is in full force and effect for the duration of the permit period, 3) That provides one million ($1,000,000) dollars of liability coverage per occurrence with no deductible, 4) That insures the applicant and all persons who will be sohcrtmg; 5) That names the Crty of Fort Worth, its officers, agents, employees, and elected representatives as an additional insured, 6) That provides that any insurance or self-insurance maintained by the City shall apply m excess of and not contribute with rt; 7) That is written on an occurrence basis, and 8) That is otherwise acceptable to and approved by the City of Fort Worth. (E) Prohibited Intersections No person shall engage in the acts set forth in this Ordinance at any lime within 1,000 feet (measured to and from the nearest corner of the intersecting street, highway, roadway, measured along the curb, shoulder, improved 3 shoulder) of the following intersections 7TH ST & HENDERSON ST ALTAMESA BLVD & MCCART AVE ALTAMESA BLVD & WESTCREEK DR BELKNAP & N HENDERSON BERRY ST & BISHOP ST CALMONT AVE & ALTA MERE DR CAMP BOWIE BLVD & HORNE ST CLINTON AVE & NW 25TH ST COMMERCE ST & EAST WEATHERFORD ST EAST LANCASTER & MAIN STREET GRANBURY RD & SOUTH HULEN ST HEMPHILL ST & WEST ROSEDALE ST HOUSTON STREET & WEST 4TH STREET HULEN STREET & OAKMONT STREET HWY 170 & INDEPENDENCE PKWY HWY 360 & TRINITY BLVD HWY 80 & ALTA MERE DR IH 30 & ASHLAND AVE IH30&BEACH ST IH 30 & EASTCI-IASE PKWY IH 30 & HULEN ST IH 35W & ALTAMESA BLVD IH 35W & EAST ALLEN AVE IH 35W & EAST EVERMAN PKWY IH 35W & EAST HATTIE ST IH 35W & EAST ROSEDALE ST IH 35W & EAST SEMINARY DR IH 35W & GOLDEN TRIANGLE BLVD IH 35W & NE 28TH ST IH 35W & SYCAMORE SCHOOL RD IH 35W & WESTERN CENTER BLVD IH 35W SR & EAST BERRY ST LANCASTER AVE & JENNINGS AVE LANCASTER AVE & RIVERSIDE DR MONTGOMERY ST & LOVELL AVE NE 28TH ST & COMMERCE STREET NE 28TH ST & DECATUR AVE NE 28TH ST & NORTH MAIN ST NE LOOP 820 & MARK IV PKWY NE LOOP 820 & NORTH BEACH ST NORTH MAIN STREET & LONG STREET NW 28TH ST & CLINTON AVE RIVERSIDE DR & EAST BERRY ST ROSEDALE ST & FOREST PARK BLVD 4 ROSEDALE ST & SOUTH BEACH ST SEMINARY DR & HEMPHILL ST SEMINARY DR & MCCART AVE SOUTHWEST BLVD SR & BRYANT IRVIN RD SW LOOP 820 & BRYANT IRVIN RD SW LOOP 820 & CROWLEY RD SW LOOP 820 & GRANBURY RD SW LOOP 820 & MCCART AVE SW LOOP 820 & SOUTH HULEN STREET THROCKMORTON ST & WEST 7TH ST UNIVERSITY DRIVE & WEST ROSEDALE ST WEST ROSEDALE ST & 8TH AVE WESTERN CENTER BLVD & NORTH BEACH STREET WESTERN CEi~TTER BLVD & NORTH RIVERSIDE DR SECTION 2. Section 30-2, "Distributing, selling or soliciting on medians and traffic islands" of Chapter 30, Article I, the Crty Code of the City of Fort Worth„ "Streets and Sidewalks", is amended by deleting the words "to solicit donations of any kind" to read as follows. It shall be unlawful for any person to distribute or to sell or offer for sale any goods, wares, merchandise, or thing of value on any median or traffic island within any nght-of--way for any street, alley or thoroughfare in the city SECTION 3. Section 22-284, "Solicitations" of Chapter 22, Article VIII, the Crty Code of the Crty of Fort Worth, "Motor Vehicles and Traffic, Pedestrians", is amended by deleting the words "contributions" in subsection (a) to read as follows (a) No person shall stand in a roadway for the purpose of sohcrtmg a nde, employment, or business from the occupant of any vehicle. SECTION 4. All provisions of Sections 30-2, "Distributing, selling or sohcrtmg on medians and traffic islands" of Chapter 30, Article I, and 22-284, "Solicitations" of Chapter 22, Article VIII, shall remain in full force and effect without change, except as expressly amended herein. 5 SECTION 5. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. It is hereby declared to be the mtent~on of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall constitute a separate offense SECTION 8. All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011, Ordinance No 13896 or any other ordinances affecting zomng which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending htigat~on, both civil and cnmmal, whether pending m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. That the Crty Secretary of the City of Fort Worth, Texas is hereby directed to publish this 6 ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 10. That this ordinance shall take affect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY David Yett, Crty Attorne By: G~ ~P,.wc~ Ass sta t City Attorney ADOPTED J,Z. - ~ _ OI EFFECTIVE. l~Z - ~"' Q~ City of Fort Worth, Texas A~or And Council Catrti»un~cAt~on ~~ DATE REFERENCE NUMBER LOG NAME PAGE 12/4/01 G-13451 12SOLICIT 1 of 2 SUBJECT ADOPTION OF ORDINANCE REGULATING THE SOLICITATION OF CONTRIBUTIONS ON TRAFFIC MEDIANS, SHOULDERS, SIDEWALKS, STREETS OR ROADWAYS IN THE CITY LIMITS OF FORT WORTH RECOMMENDATION It is recommended that the City Council adopt the attached ordinance regulating the solicitation of contributions on traffic medians, shoulders, sidewalks, streets or roadways within the city limits of Fort Worth DISCUSSION The current City Code of the City of Fort Worth prohibits all solicitation on and along public roadways within the city limits, and also bans the solicitation of donations of any kind on any median or traffic island within any right of way of any street, alley or thoroughfare The City Council has received requests for an exception to the prohibition on solicitation of funds. On July 17, 2001, the City Council directed the Safety and Community Development Committee to study a possible amendment of the applicable provisions of the City Code to allow for limited solicitation on and along the streets and roadways in the City The ordinance adds a Section to Chapter 30, "Streets and Sidewalks" of the City Code entitled "Solicitations" to allow limited solicitation of contributions in traffic medians, shoulders, improved shoulders, sidewalks, streets and roadways Each person or organization who wishes to solicit funds must obtain a permit from the City through the Transportation and Public Works Department. The application will identify the location and times of the solicitation activity Each organization or person will 'be issued one permit a year for two consecutive days. Solicitation is limited to between the hours of 9.00 a m and one hour before sunset. The solicitor or organization must provide insurance coverage in the amount of one million dollars. All solicitors must be eighteen years of age or older and wear aCity-approved orange or yellow fluorescent visibility vest. City approved signs must be placed at each intersection to warn oncoming traffic that solicitors are ahead Subsection (E) of Section 1 provides a list of intersections where solicitation is prohibited The ordinance deletes any reference to solicitation in Section 30-2, "Distributing, Selling or Soliciting on Medians and Traffic Islands" of Chapter 30, Article I, and Section 22-284, "Solicitations" of Chapter 22, Article VIII, "Motor Vehicles and Traffic, Pedestrians " f City of Fort Worth, Texas ~ or end aun~i( Cc~mtnan~~At~~n ~~ ~ C DATE 12/4/01 REFERENCE NUMBER G-13451 LOG NAME 12SOLICIT PAGE 2 of 2 SUBJECT ADOPTION OF ORDINANCE REGULATING THE CONTRIBUTIONS ON TRAFFIC MEDIANS, SHOULDERS, OR ROADWAYS IN THE CITY LIMITS OF FORT WORTH SOLICITATION OF SIDEWALKS, STREETS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. CB.k Submitted for City Manager's FUND ACCOUNT CENTER AMOiJNT CITY SECRETARY Office by: (to) AAP~JUED Charles Boswell 8511 GiTY GO~NClL Originating Department Head: DEC 4 2001 David Yett 7606 (from) E) Additional Information Contact: /"`~""` \' `'""`~ Citq Secs~tary of ti-e 7°+~:.~^ of Fort S~/or¢h amit David Yett 7606 , y