HomeMy WebLinkAboutA003 - Council Aciton Form dated December 14, 1999 Item #
DATE December
COUNCIL ACTION FORM
SUBJECT: ROADWAY SOLICITATION REGULATIONS
BACKGROUND:
On September 14th the City Council referred to staff the issue of solicitation on City roadways. Currently, the
City does not have a law that prohibits individuals from soliciting money from motorists while standing in our
streets. As a result, numerous organizations (Jaycees, Pony Express, Fire Fighters for MDA, Special
Olympics, ISU Women's Club Hockey Team) utilize this technique to raise funds for their"public causes." In
addition, there are a few individuals who are soliciting on our streets for their personal gain.
Recently, two groups initiated this type of solicitation at two of our busiest intersections, Duff& Lincoln Way
and Elwood & Lincoln Way. This activity resulted in numerous citizen complaints. It was at this point that the
matter was referred to City staff for a recommendation.
The City Council should understand that the use of the City's right-of-way involves first amendment issues
involving freedom of speech. Therefore, the City must be careful when considering any action that would limit
activity in this public area. It is not possible to choose among those groups who should be allowed access to
public property for the purpose of solicitation. If we allow one group, we should allow them all.
The City Council can prohibit use of the public right-of-way if a legitimate public purpose can be articulated.
In this case, City staff is concerned with the issue of safety and the potential danger to pedestrians and
motorists involved in this activity.
ALTERNATIVES:
1. The City Council can support the concept of prohibiting solicitation on the City's streets/medians and direct
that the attached ordinance be placed on a future agenda for approval. This prohibition would be based on
the issue of safety and the City's attempt to protect pedestrians and motorists who are in danger when
solicitation occurs in the streets.
2. The City Council can support the concept of prohibiting solicitation on certain City's streets and medians.
Because of the high volumes on certain roadways, a law could be enacted to prohibit solicitation on arterial
or collector streets. Another option would be to prohibit solicitation at intersections with stop lights
(Duff & Lincoln Way or Elwood & Lincoln Way). A prohibition can be justified for either option based on a
safety issue. If the Council agrees with this limited prohibition, then the matter should be referred to the City
Attorney to draft such an ordinance.
3. The City Council can continue with the current practice of not prohibiting solicitation on city streets. No
ordinance would have to be prepared.
MANAGER'S RECOMMENDED ACTION:
The current City Code neither sanctions nor prohibits solicitations on City streets. Until this fall, the lack of
legislative direction was not an issue. It was not until groups attempted to solicit funds at Lincoln Way & Duff
and Elwood & Lincoln Way that the City received a significant number of complaints regarding this activity.
If the City Council is concerned with the safety of pedestrians and motorists who participate in
solicitation of funds on our City streets,then it is the recommendation of the City Manager that the City
Council adopt Alternative# 1 and ask that the attached ordinance prohibiting this type of activity on
City roadways, curbs, and medians be placed on a future agenda for approval.
Alternative#2 cannot be supported for two reasons. First, while the danger involved with this type of activity
is greater on arterial roads, it is difficult to overlook the safety issue as it relates to collectors or residential
streets. Second, the City's liability exposure would be increased by expressly not disallowing in-street soliciting
on collector and residential streets.
The City Council should expect that the various groups which rely on this roadway solicitation
technique for their primary source of income will object to this prohibition. It is hoped that funds can
be raised for these worthy causes by utilizing some other solicitation strategy, perhaps on other public or
private property.
COUNCIL ACTION:
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA,BY ADDING A NEW SUBSECTION(4),TO SECTION 26.66
"PEDESTRIAN USE OF THE ROADWAY", FOR THE PURPOSE OF
PROHIBITING SOLICITATION OF VEHICLE OCCUPANTS BY PERSONS
STANDING IN THE ROADWAY; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
adding to Sec.26.66,PEDESTRIAN USE OF THE ROADWAY,a new Subsection as follows:
"(4) No person shall stand in a roadway, including the roadway medians, curbs, traffic
islands and shoulders, for the purpose of soliciting a ride,employment,charitable contribution,or
business from the occupant of any vehicle."
Section Two. Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable by
a fine not to exceed$100 or by imprisonment not to exceed 30 days.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 11999.
Diane R.Voss,City Clerk Ted Tedesco,Mayor
0551
Rev.10-25-99