Roadblock Solicitation Ordinance

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AN ORDINANCE OF THE BOARD OF SUPERVISORS OF RANKIN COUNTY, MISSISSIPPI PROVIDING FOR THE REGULATION OF SOLICITATI ON OF FUNDS AT ROADBLOCKS IN RANKIN COUNTY, MISSISSIPPI

ORDINANCE #2004-200

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF RANKIN COUNTY,
MISSISSIPPI:

THE PURPOSE OF THIS ORDINANCE IS TO REGULATE THE SOLICITATION OF FUNDS AT ROADBLOCKS IN THE UNINCORPORATED AREAS OF RANKIN COUNTY, MISSISSIPPI.

 

SECTION 1. REGULATION OF SOLICITATION OF FUNDS AT ROADBLOCKS IN RANKIN COUNTY, MISSISSIPPI.

PRIOR TO CONDUCTING SOLICITATION OF FUNDS AT ROADBLOCKS IN RANKJN COUNTY, MISSISSIPPI, THE APPLICANT SHALL:

1. Obtain an application for a penny from the Rankin County Sheriff’s office on such forms and in such manner as the Rankin County Sheriff’s office shall require.
2. Complete the application in full with complete, accurate, and truthful responses.
   The application, as provided to the applicant, is incorporated by reference in this ordinance and the information on said application is required as part of this ordinance.
3. Submit the completed application to the Rankin County Sheriff’s office.
4. File with the Rankin County Sheriff’s office at least thirty (30) days prior to the requested date for conducting such solicitation roadblocks, unless good cause is shown.
5. Provide an approved indemnification agreement from such organization indemnifying, defending and holding harmless the county, its officers, agents and/or employees from any and all claims, injuries or damages which may accrue or occur as a result of or in relation to any such solicitation of funds at roadblocks, and such other information as the Rankin County Sheriff’s office shall request.
6. If minor children will be collecting funds, the organizing group must provide proof of parental consent and provide adequate adult supervision.

 

SECTION 2. LIMITATION OF ACTIVITY:

1. Only IRS approved charitable non-profit organizations shall be eligible for a penny.
2. Permits required by this article shall be issued for the conduct of solicitation of
   funds at roadblocks at only one location at only one time within the county.
3. No organization shall be permitted to conduct more than two (2) solicitation roadblocks in any calendar year.
4. An organization is permitted to operate only one (1) solicitation roadblock at only one (1) place on any given date.
5. Only one organization is permitted to operate a solicitation roadblock on a given
   date.
6. The fund-raising group must have posted in a conspicuous manner the name of
   their organization and the planned use of any money collected.
7. No group shall be allowed to block any intersection Monday through Friday
   between the hours of 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 7:00 p.m.
8. Any solicitation roadblock should benefit a Rankin County community and related projects.
9. The intersection of the Cleary Road and Florence-Byram Road is "off limits" for purposes of collections of donations until such time as Rankin County realigns this intersection.  No approvals for permits for this location will be granted because of the high risk of accidents with persons standing in this intersection.

 

SECTION 3.  TERM OF LICENSE.

The permit issued under this ordinance will be valid for a period of ninety (90) days from the date of issuance.  After said date, the permit issued under this ordinance is void and will subject the bearer to the penalty provisions of this ordinance.

 

SECTION 4.  DEFINITIONS.

Definitions: For the purpose of this proposed ordinance which sections may be cited as the Rankin County Solicitation of Funds at Roadblock and unless otherwise required by the context:

(1)        Solicitation of Funds at Roadblock means the solicitation of donations or contributions from, and/or the sale of any items to, any operator or occupant of a motor vehicle by requesting or otherwise soliciting such donation, contribution or sale while standing or being otherwise located within the boundaries of the right-or-way of any county street, road, or highway.

 

SECTION 5.   PENALTIES.

Any person who participates in a solicitation of funds roadblock which is conducted without a permit being issued or who participates in a solicitation roadblock in violation of any of the provisions of this article shall be guilty of a misdemeanor and punished by a fine of no more than $500.00 and six (6) months in jail.  Each separate roadblock participated in that is in violation of this ordinance constitutes a separate and chargeable offense.

 

SECTION 6.  AUTHORITY.

According to Section 19-3-40, Mississippi Code Annotated, "The board of supervisors of any county shall have the power to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi ...."

 

SECTION 7.  CONSTITUTIONALITY.

Should any section or provision of this ordinance for any reason be held void, unconstitutional or invalid, it shall not affect the validity of any other section or provision hereto which is in itself not void, unconstitutional or invalid.

 

SECTION 8.  RESTRICTION ON SIGNAGE.

The erection, placement, or retention of any sign which constitutes a nuisance by reason of glare, noise, animation, flashing, excessive clutter due to excessive signs or other objectionable influence in connection with the solicitation of funds roadblock under this ordinance is prohibited. The primary reason is to ensure that prohibited signage does not constitute a distraction to traffic thereby increasing the risk of personal and property damage to those so distracted and others.  The Board finds that such use of the above listed prohibited signage constitutes a threat to the health, safety and welfare of the citizens and visitors of Rankin County, Mississippi.

Nothing in this section is intended to lessen the requirements of the previously adopted "Ordinance Regulating Outdoor Billboard Signs..."

 

SECTION 9.  ENFORCEMENT

The Board of Supervisors, or their designee(s), has enforcement authority under this ordinance. The Rankin County Sheriff’s Office has authority to shut down, at its sole discretion, any solicitation roadblock which may endanger the health, safety or welfare of the fund raisers or the general public.

 

SECTION 10.   EMERGENCY PROVISION

The Rankin County Board of Supervisors, or its designee, and/or the Sheriff of Rankin County is authorized under this ordinance to waive or provide a variance from any of the terms of this ordinance if a bona fide emergency exists as determined by the person authorized to make such waiver or variance. In the event a waiver or variance is granted under the provisions of this section by the designee of the Board of Supervisors or the Sheriff of Rankin County, then such waiver or variance granted must be ratified by the Board of Supervisors at their next scheduled meeting.

 

SECTION 11.  EFFECTIVE DATE.

This ordinance becomes effective immediately. A copy of this ordinance will be published for the convenience of the citizens of Rankin County, Mississippi.

 

 

            SO ORDERED, this the 7th day of September, 2004.

 

                                                                         RANKIN COUNTY BOARD OF SUPERVISORS

 

                                                                        By: ______________________________________
Carlo Martella, President of the Board

 

ATTEST:

 

___________________________________________
Clerk of the Rankin County Board of Supervisors