§ 29-187. Pedestrians soliciting rides or business; exception; permit requirements.

(a)

Except as provided herein, no person shall stand in a roadway for the purpose of soliciting a ride, donation, employment or business from the occupant of any vehicle.

(b)

A person 18 years of age or older who has obtained a permit as provided herein, or who is a representative of an organization that has obtained a permit as provided herein, may solicit contributions from drivers or occupants of motor vehicles stopped at a signalized intersection, while standing on a traffic median, shoulder, improved shoulder, sidewalk, or improved roadway, provided said person does not impede traffic, enters or remains on the roadway only while a controlling traffic signal prohibits vehicle movement, and conducts such solicitation as set forth herein. This exception shall not apply to State Highway 51 (also known as "Sixth Avenue") or United States Highway 177 (also known as "Perkins Road"); solicitation on said highways or any portion thereof is expressly prohibited. This exception also shall not apply to any signalized intersection or portion thereof wherein the approach posted speed limit exceeds 35 miles per hour.

(1)

All solicitors shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA107-2004 publication entitled "American National Standard for High-Visibility Safety Apparel and Headwear" or equivalent revision;

(2)

Solicitation shall be conducted only between the hours of 7:30 a.m. and one hour before sunset;

(3)

No more than one person shall solicit each traffic lane. Solicitation in the roadway shall be made only in those traffic lanes where vehicles have stopped for the red light(s). Prior to or when the traffic lights change to green, solicitors shall immediately vacate the roadway. No solicitation in the roadway shall be made on any lane of traffic when green light(s) are displayed for said traffic lane;

(4)

No crowd or collection of persons engaged in solicitation activities shall stand, move, or congregate on any roadway, street, avenue, sidewalk, or street crossing so as to prevent, interrupt, obstruct, or interfere with the travel or free passage over the same by the public or to the detriment or annoyance of the occupant or occupants of adjacent buildings or other persons. No person engaged in solicitation shall fail, refuse, or neglect to disperse or move on when directed to do so by any police officer;

(5)

One person, 21 years of age or older, shall be designated and posted at each quadrant of the intersection to give verbal instructions or audible signals when solicitors may enter and must vacate the roadway. The designated person shall not be actively engaged in any solicitation while performing the task of giving verbal instructions or audible signals to solicitors;

(6)

Solicitation of a motor vehicle stopped more than 150 feet from the point where the lane intersects with the cross-roadway is prohibited.

(c)

A permit may be obtained by completing and filing an application with the city clerk at least three business days prior to the first date of solicitation. Each application for a permit shall be accompanied by:

(1)

A certificate of insurance signed by an authorized agent of an insurance company licensed to do business in the State of Oklahoma, to remain in full force for the duration of the permit period. The policy shall provide $1,000,000.00 of liability coverage per occurrence with no deductible, shall insure the applicant and all persons who will be soliciting for the applicant, shall name the City of Stillwater, its officers, employees, and elected representatives, as additional insured, and shall be otherwise acceptable to and approved by the city attorney;

(2)

A release form, as provided by the city, executed by each person applying for a permit, or a representative of the organization applying for the permit, holding the City of Stillwater, its officers, employees, and elected representatives, harmless from any act or omission resulting in damage to property or injury or death to any person resulting from the conduct or omission of the person or organization, its employees, agents and solicitors from the solicitation activities;

(3)

A list of all locations where solicitation activities will occur;

(4)

If the applicant is an organization, a list containing the full names, date of birth, and social security number of all employees, agents, or volunteers that will be engaged in solicitation activities under the permit;

(5)

A $20.00 application fee.

No person or organization shall be issued more than one permit under this exception per calendar year. No permit shall authorize solicitation under this exception for more than three consecutive days. No permit shall be issued to authorize solicitation on Oklahoma State University Home Football Game days, or for any period 24 hours preceding the start of such games.

The city manager may revoke a permit for violation of any of the requirements set forth herein. The city manager may refuse to issue or revoke a permit, when in his judgment weather or traffic conditions render solicitation under this exception unsafe.

(d)

Violation of this section shall be punishable as a Class "B" offense.

(Code 1966, § 20-113; Code 1982, § 29-187; Ord. No. 3278, § 1, 8-25-2014 )

State law reference

Similar provisions, 47 O.S. § 11-507.