§ 66-39. Charitable solicitations from a public right-of-way.

(a)

Permit required. Any person soliciting funds on the roads and highways within the incorporated portions of the city shall have a permit issued by the governing authority of the city.

(b)

Eligibility. Permits for soliciting funds on the roads and highways within the incorporated portions of the city shall only be issued to those persons or organizations which have a physical office in Cherokee County. Further, permits for soliciting funds on the roads and highways within the incorporated portions of the city shall only be issued to those persons or organizations which are "charitable organizations" registered in accordance with O.C.G.A. § 43-17-5, or "charitable organizations" exempt from such registration in accordance with O.C.G.A. § 43-17-9. "Charitable organizations" as used herein shall have the meaning as defined in O.C.G.A § 43-17-2. The determination of whether the organizations have a physical office in Cherokee County shall be made by the staff issuing the permit based on documentation provided by the organization and documentation available on the Georgia Secretary of State's website and shall be appealable to the city manager. In the event the city manager upholds the decision to deny the permit, the city manager's decision shall be appealable to the mayor and council in the same manner as is set out in section 10.162 of the Land Development Code of the City of Woodstock.

(c)

Application. Applicants for charitable solicitation permits shall make application with the city development services office, and shall provide the following information at the time of their application:

(1)

Safety plans detailing safety measures to be utilized during solicitation;

(2)

The site of any proposed solicitation and traffic plans which indicate that their proposed solicitation will not hinder the free and orderly flow of traffic on the roads and highways in the city;

(3)

List of names, dates of birth, next of kin, emergency contact numbers, and address of each individual who will participate in the proposed solicitation;

(4)

Insurance information on the individuals and the organization which will participate in the solicitation;

(5)

A statement under oath that the organization is a charitable organization and that all proceeds raised will be used for the benefit of citizens to include those of the city; and

(6)

The dates and times proposed for the solicitation.

(d)

Issuance. Permits shall only be issued by the city development services office if he or she finds that the applicant is qualified and that the proposed solicitation shall not:

(1)

Pose a risk to the health and safety of the citizens of the city;

(2)

Pose a risk to the health and safety of the people participating in the solicitation; and

(3)

Hinder the free flow of traffic on the roads and highways of the city.

(e)

No one under the age of 18 shall solicit funds in any way from the right-of-way or driving surface of any road or highway in the city.

(f)

Solicitation permits must be available for inspection at the site of the solicitation upon the request of any law enforcement officer.

(g)

All persons participating in the solicitation of funds shall in some manner clearly and visibly identify the organization that is permitted to solicit funds and the organization for which they are soliciting funds.

(h)

All persons participating in the solicitation of funds shall wear orange safety vests at all times while located in the roads and rights-of-way of the city.

(i)

Permits are valid for seven calendar days. Solicitation may be between the hours of 9:00 a.m. and 5:00 p.m.

(j)

Variances to time limits for charitable solicitation permits shall only be granted by a majority vote of the city council after a showing by the applicant of the necessity of a variance.

(k)

Any references to the Official Code of Georgia used herein shall be deemed to be to the same as they are amended or modified in the future.

(Ord. of 4-22-2013; Ord. of 4-25-2016)