The Smithville aldermen Monday night approved a revised ordinance on first reading establishing regulations for charitable and other non-profit groups who collect donations at city street intersections.
Aldermen are concerned that more people could get hurt if stricter rules and enforcement are not put in place.
Under the proposed ordinance, non-profit organizations would be limited to not more than two charitable roadblocks per year; all participants would be required to wear orange or yellow vests or jackets; groups would be required to show written proof that they are a legitimate non-profit 501C3 or 4 organization; solicitors would be prohibited from standing in the road ( they would be required to stand on the sidewalks near the intersections); solicitors would have to be at least 14 years of age or older to participate in the roadblocks); and a four hour per day time limit would be established for any group to solicit donations at intersections. Groups would be required to submit, in writing, to the Chief of Police, a proposal for the specific time and place of the road block and the precautions to be implemented by the organization; and the groups must receive prior written approval by the Chief of Police to have the roadblocks.
Second and final reading passage of the ordinance will be scheduled following a public hearing at the February 15th meeting.
Ordinance #424 states as follows:
An ordinance regulating the obstruction of highways and other passageways.
Whereas, the Mayor and Board of Aldermen of the City of Smithville are deeply concerned for the health, safety, and welfare of the citizens of the City of Smithville; and,
Whereas, the Mayor and Board of Aldermen of the City of Smithville, acknowledge that, from time to time charitable, eleemosynary, or non-profit organizations wish to raise funds by obstructing the highways and other passageways of the City of Smithville by soliciting charitable donations from those utilizing said highways and passageways.
Now, therefore, be it resolved, by the Mayor and Board of Aldermen of the City of Smithville:
1. No organization shall be eligible to obstruct any highway or other passageway for the purpose of soliciting or collecting funds at a highway or street intersection unless said organization has received a determination of exemption from the Internal Revenue Service under 26U.S.C. 501 (c) (3) or (4) as a charitable, eleemosynary, or non-profit organization.
2. Any organization seeking to obstruct a highway or other passageway for the purpose of soliciting or collecting funds at a highway or street intersection must present written proof of its exemption from the Internal Revenue Service under 26 U.S.C. 501 (c) (3) or (4).
3. The members of any charitable, eleemosynary, or non-profit organization seeking to obstruct a highway or other passageway for the purpose of soliciting or collecting funds at a highway or street intersection shall undertake reasonable and prudent precautions to prevent both disruption of traffic flow and injury to persons or property.
4. The charitable, eleemosynary, or non-profit organization seeking to obstruct a highway or other passageway must limit time of soliciting or collecting funds to four (4) hours per day, and limiting to two (2) times (days) per year organization. Must not be in roadway, and must stay on sidewalks, must wear orange or yellow vest or jackets. All participants must be fourteen (14) years of age or older.
5. The charitable, eleemosynary, or non-profit organization seeking to obstruct a highway or other passageway for the purpose of soliciting or collecting funds at a highway or street intersection shall submit, in writing, to the Chief of Police its proposal for the specific time and place of the obstruction and the precautions to be implemented by the organization.
6. Before undertaking to obstruct any highway or other passageway for the purpose of soliciting or collecting funds at a highway or street intersection, the charitable, eleemosynary, or non-profit organization must receive prior written approval by the Chief of Police. Said written approval must set forth with specificity the specific time and place of the obstruction, the highway or other passageway to be obstructed, and the intersection at which the obstruction is to occur. Additionally, the prior written approval must contain a finding by the Chief of Police that the precautions to be implemented by the charitable, eleemosynary, or non-profit organization for the purpose of preventing both disruption of traffic flow and injury to persons or property are reasonable and prudent.
In other business, the aldermen adopted on first reading an ordinance amending the city’s municipal code with specific language as to what services for which the city firefighters are to receive compensation.
Ordinance #423 states as follows:
Section 1. Title4, Municipal Personnel, of the City of Smithville Municipal Code is hereby amended as follows:
(1) Chapter 2, Section 4-203 (6) is hereby inserted in-lieu of to read as follows:
6. Volunteer Firefighters. Volunteer Firefighters are selected by the Fire Chief. After successfully completing a 90 day probation period and after approval of the Fire Chief, their continuance is subject to approval of the Board of Mayor and Aldermen. Volunteer Firefighters are compensated for incidents, training, and workings with benefits of coverage under the Firefighters Insurance Coverage Policy.
a. Compensated Incidents to include but not limited to: fire, rescue, explosion, alarm, over pressure, motor vehicle accident, hazardous condition, service, good intent, false alarm, severe weather, landing zone, investigation, special incident, extrication, mutual aid, natural disaster, hazardous materials.
b. The minimum and maximum number of incidents, workings, and training can be accomplished in the fire department’s standard operational guideline. A maximum of twelve (12) workings each paid as one (1) fire call and 240 hours training and/or thirty (30) training sessions per year with each session paid as one (1) fire call.
Second and final reading passage of the ordinance will be scheduled following a public hearing at the February 15th meeting.
The aldermen also voted to authorize back pay to the firefighters who did not receive the funds they claim were due for last year’s training and other services rendered.
Archived News & Obituaries