18-7610 Authorizing VFW Post #1432 to Solicit in City ROW RESOLUTION NUMBER 18-7610
A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ISSUE A
PERMIT PURSUANT TO STANDARD TRAFFIC ORDINANCE SECTION 69 IN RESPONSE
TO THE REQUEST OF THE SALINA VFW POST #1432 AUXILIARY (VFW) FOR THE
PURPOSE OF AUTHORIZING VOLUNTEERS TO COLLECT CONTRIBUTIONS
A SOLICITED FROM THE OCCUPANTS OF VEHICLES IN THE CITY RIGHT-OF-WAY IN
I' CONJUNCTION WITH THE "VETERAN'S DAY POPPY DRIVE" TO BENEFIT THE
SALINA VFW POST#1432 AUXILIARY.
WHEREAS, Section 69, subsection (b), of the Standard Traffic Ordinance ("STO"), as adopted
by the City of Salina, Kansas ("City"), provides that: "(b) No person shall stand on a highway for the
purpose of soliciting employment, business or contributions from the occupant of any vehicle;"and
WHEREAS, Section 69, subsection (d) of the STO further provides that: "(d) The soliciting of
contributions under subsection (b) shall not be prohibited if such person or organization has first
obtained a permit authorizing such soliciting from the City;" and
WHEREAS, the Salina VFW Post #1432 Auxiliary ("VFW") has submitted the attached
application to the City dated September 26, 2018 ("Application") seeking approval of the "Veteran's
Day Poppy Drive" to benefit the Salina VFW Post #1432 Auxiliary in which voluntarily participating
persons approved by the VFW would solicit contributions from the occupants of vehicles on City right-
of-way for the benefit of VFW on November 10, 2018; and
WHEREAS, the Governing Body desires to authorize the Interim City Manager to issue a
permit in accordance with STO Section 69(d) authorizing volunteer participants to collect contributions
from the occupants of vehicles on City right-of-way in conjunction with the "Veteran's Day Poppy
Drive" to benefit the Salina VFW Post #1432 Auxiliary in accordance with the guidelines set forth
below; SO NOW,THEREFORE,
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Interim City Manager is authorized to issue a permit in accordance with STO
Section 69(d) authorizing volunteers approved by the VFW to collect contributions from the occupants
of vehicles on City right-of-way in conjunction with the Veteran's Day Poppy Drive to benefit the VFW
upon the following conditions:
a. The permitted activity shall occur only during daylight hours. The permit shall specify
the times of collection per the Application.
b. The permitted activity shall be conducted only by volunteers approved by the VFW.
c. The permitted activity shall be conducted only at signaled intersections approved by the
Interim City Manager per the Application.
d. Any solicitation of contributions from occupants of a vehicle shall occur only from
behind the curb line or on the median and not from the street adjoining the signaled
intersection. Upon acknowledgement by the occupant of a vehicle of a desire to respond
to the solicitation with a contribution, the contribution may be collected by volunteers
approved by the VFW by stepping onto the street alongside the vehicle, but only while
the vehicle is stopped at the signaled intersection.
e. Prior to the event, VFW will provide the City a Certificate of Liability Insurance listing
the City as a Certificate Holder and showing evidence of a minimum General Liability
per occurrence limit of SIM and a minimum $2M general aggregate. In addition, VFW
0.
shall endorse the City as an Additional Insured under their General Liability policy.
f. A Special Event Permit Application shall be completed and signed by the Salina VFW
Post #1432 Auxiliary in order to satisfy the written contract requirement for the
Additional Insured Endorsement.
Section 2. This Resolution shall be in full force and effect following its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of October,
2018.
[SEAL] Karl F. Ryan, Mayor
ATTEST:
NULAI?DtA--- S4:?dr.
Allison Strait, Deputy City Clerk