~ -f'7 £r -JAt Submitted by: Assemblymember SullivanPrepared by: Department of AssemblyFor reading: May 13, 2003

,70.

ANCHORAGE, ALASKAAO NO. 2003-57(5)

AN ORDINANCE OF THE ANCHORAGE MUNICIPAL ASSEMBLY ENACTING A NEWICHAPTER24.45 ESTABLISHING PUBLIC SAFETY REQUIREMENTS FOR SOLICITINGBUSINESS OR CONTRIBUTIONS AND PROHIBITING THE DISTRIBUTION OFLITERATURE FROM WITHIN STREET OR HIGHWAY RIGHTS-OF-WAY.

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tHE ANCHORAGE ASSEMBLY ORDAINS:

Section 1. That Anchorage Municipal Code Title 24 is amended by enactment of a newChapter 24.45 to read as follows:

PUBLIC SAFETY REQUIREMENTS FOR SOLICITINGBUSINESS OR CONTRIBUTIONS FROM WITHIN STREETOR HIGHWAY RIGHTS-OF-WAY.

Chapter 24.45

Solicitations Prohibited.24.45.010

It is unlawful for any person to enter upon any part of the right-ofway of any publicstreet or highway in the municipality for the purpose of directing, diverting, enticing,or inducing any motorist into any place of business or for the purpose of hawking,touting, soliciting, or for the purpose of soliciting contributions for any person ororganization or advertising for any place of business by handbill, word of mouth,signal, portable sign, or any other media delivered, addressed, or directed to anymotorist upon such street or highway.

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24.45.020 Permit ReQuirements.

However, notwithstanding the above, a permit for an activity prohibited byAMC 24.45.010 on the right-ofway shall be issued by the traffic engineer, providedthe applicant meets the following criteria:

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1. The applicant shall provide a plan for review and comment by the trafficengineer, which plan will maximize the safety of the applicant's representatives, aswell as the motoring public, at the locations where the solicitation will take place.The applicant shall pay a pennit fee in the amount of $1 00 to the municipality. Thetraffic engineer may impose reasonable safety requirements.

00140Rt)613..

AO NO. 2003-57(8)Page 2 of 3

2. The applicant shall indicate in specific detail the location of such solicitation,together with the hours thereof, not to exceed twenty-four (24) hours in anyforty-eight (48) consecutive hour period.

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The applicant shall provide:,1,

a. An indemnification and hold hamlless agreement in favor of themunicipality in a form satisfactory to the municipal attorney;

b. A certificate of insurance listing the municipality as an additionalinsured in the amount of 1 million dollars.

The Municipal Risk Manager shall review the application to detennine ifinsurance additional to that required in subsection 24.45.020.A.3.b isrequired, based on the scope of the activity.

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5. No person under the age of sixteen (16) years shall participate in any solicitationin the right-of-way pursuant to a pennit granted under this section.

All solicitation shall occur during daylight hours only.6,

The traffic engineer may decline to issue subsequent pennits to any individual orgroup violating the parameters of a previously issued permit or violating anyrequirements of this section, any other municipal ordinance or state statute.

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During active solicitation, at least one solicitor at each location shall be in possessionof a copy of the authorizing permit and shall display the copy to any law enforcementofficer upon request. All solicitors shall possess picture identification and wear ahigh visibilitY safetY vest.

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Permits issued pursuant to this section shall be for a specific time period not toexceed twenty-four (24) hours in any forty-eight (48) consecutive hour period.

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No individual or group shall be granted more than two permits per calendar year.E.

For purposes of this section only, the tenD "right-of-way" shall be deemed to includeall portions of any public roadway nonnally available for use by motor vehicles andall medians or traffic islands within such roadways, and shall include up to 4 feet ofthe area adjacent to the roadway. This section does not apply to State streets andhighways subject to AS 19.25.075-180.

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AM 221-200300140RD513..

AO NO. 2003-57(S)Page 3 of3

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Distribution of literature orohibited.24.45.030

No person shall stand on any part of the right-of-way of any highway or street locatedwithin the municipality for the purpose of distributing any printed or writtenliterature to the occupants of any vehicle.

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24.45.040 Penaltt .

Soliciting in the right-of-way without a valid pennit issued pursuant to this sectionshall be punished by a fine not exceeding fifty dollars ($50.00) for a first offense andtwo hundred fifty dollars ($250.00) for a second or subsequent offense.

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Relationshi~ of this chaoter to State law.24.45.050

No provision of this chapter shall be interpreted as authorizing an activity that would conflictwith the provisions of Alaska statutes sections 19.25.075-19.25.180.

This ordinance shall become effective immediately upon its passage andSection 2:approval.

.dayof.PASSED AND APPROVED by the Anchorage Assembly this2003.

Chair

ATTEST:

Municipal Clerk

AM 221-200300140R0513..

Municipality of AnchorageMUNICIPAL CLERK'S OFFICE

Agenda Document Control Sheet '",:;,~:~:' c, ;;I)!..' 3 ~/J)(SEE REVERSE SIDE FOR FURTHER INFORMAnON) .. ;'~'.., ;:~:q...2l ,<,

SUBJECT OF AGENDA DOCUMENT DATE PREPARED1 An Ordinance Enacting a New Chapter 24.45 Establishing 5/9/03

Public Safety Requirements for Soliciting Business orContributioins and Prohibiting Distribution of Literature fromWithin Street or Highway Rights-of-Way lndicate Documents Attached,

OOAO OAR DAM DAIM-" ~ - "-DIRECTOR'S NAME

2i ","

DEPARTMENT NAMEi

Assembly !

THE PERSON THE DOCUMENT WAS ACTUALLY P

Assembly Coun~tAdministrative Assistant

HIS/HER PHONE NUMBER

442034 INITIALS DATECOORDINATED WITH AND REVIEWED BY

I MayorHerita.Qe Land BankMerrill Field Air~rt-~unicipal LiQht & PowerPort ofAnchoraqe itJ!;Solid Waste ServicesWater & Wastewater Utility

I Municipal ManaaerCultural & Recreational Services

Em~o~ _RelationsFinance. Chief Fiscal OfficerFttecHealth & Human ServicesOffice of Manaoement and BudgetManaaement Infoffi)ation Se~~~PolicePlannina. DeveloD~~nt & Public Works

Development ServicesFacility ManaaementPlanninQproject ManaQement & Eng)neeringStreet MaintenanceTraffic

Public Transoortation DepartmentPur.

MuniciMunicip8 er

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II Otherf1"....,,~--~(;';,

cs.5 I Speciallnstructions/Comments

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