19-7729 MDA Solicit in Rights-of-Way RESOLUTION NUMBER 19-7729
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PERMIT
PURSUANT TO STANDARD TRAFFIC ORDINANCE SECTION 69 IN RESPONSE TO
THE REQUEST OF THE MUSCULAR DYSTROPHY ASSOCIATION (MDA) FOR THE
PURPOSE OF AUTHORIZING OFF-DUTY, UNCOMPENSATED EMPLOYEES OF
THE SALINA FIRE DEPARTMENT TO COLLECT CONTRIBUTIONS SOLICITED
FROM THE OCCUPANTS OF VEHICLES IN THE CITY RIGHT-OF-WAY IN
CONJUNCTION WITH THE "FILL THE BOOT" CAMPAIGN TO BENEFIT MDA.
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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 Ark Valley Chapter of the Muscular Dystrophy Association
;'MDA") has submitted the attached application to the City dated September 12, 2019
"Application') seeking approval of the "Fill the Boot Campaign- to benefit MDA in which
111 voluntarily participating, off-duty, and uncompensated employees of the Salina Fire Department
would solicit contributions from the occupants of vehicles on City right-of-way for the benefit of
VEDA on October 11-13, 2019; and
WHEREAS, the Governing Body desires to authorize the City Manager to issue a permit
in accordance with STO Section 69(d) authorizing voluntarily participating, off-duty, and
uncompensated employees of the Salina Fire Department to collect contributions from the
ccupants of vehicles on City right-of-way in conjunction with the Fill the Boot Campaign to
benefit MDA 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 City Manager is authorized to issue a permit in accordance with STO
Section 69(d) authorizing Salina Fire Department employees to collect contributions from the
occupants of vehicles on City right-of-way in conjunction with the Fill the Boot Campaign to
benefit MDA 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 current employees of the Salina
Fire Department participating voluntarily, without compensation, and while off-
duty from their regularly scheduled shifts as employees of the Salina Fire
Department. The permitted activity will be conducted without recognition of
rank among participating employees of the Salina Fire Department.
c. The permitted activity shall be conducted only at signaled intersections approved by
the City Manager per the Application.
d. Any solicitation of contributions from occupants of a vehicle shall occur only from
LL 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
° an employee of the Salina Fire Department by stepping onto the street alongside the
vehicle, but only while the vehicle is stopped at the signaled intersection.
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e. Participating employees of the Salina Fire Department shall wear reflective vests and
may wear only those clothing items identifying him or her as an employee of the
Salina Fire Department which have been preapproved by the City Manager.
£ Only reserve vehicles and equipment of the Salina Fire Department which have been
pre-approved by the City Manager shall be staged in conjunction with the permitted
activity. Vehicles shall consist of one reserve Engine at each collection location.
Any such vehicles shall be legally parked at all times during the permitted activity.
Any such vehicles may be parked on private property with the private property
owner's advance permission.
g. Prior to the event involving current employees of the Salina Fire Department
participating voluntarily, without compensation, and while off-duty from their
regularly scheduled shifts as employees of the Salina Fire Department, MDA 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 S 1 M and a minimum S2M general aggregate. In addition, MDA shall endorse the
City as an Additional Insured under their General Liability policy.
h. A Special Event Permit Application shall be completed and signed by both the IAFF
Local 782 and MDA 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 7th day of October,
2019.
[SEAL] Trent W. Davis, M.D., Mayor
ATTEST:,
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Shandi \Vicks. CMC. City Clerk