§ 4-2.35. Exception—Permit.

Any person or group may engage in solicitation activities otherwise prohibited by this chapter under the following conditions and restrictions:

(a)

A permit is secured in advance of the solicitation activity from the Modesto Police Department.

(b)

All restrictions regarding the prohibition of aggressive begging prohibited or restricted by Section 4-2.33 of this chapter shall remain applicable.

(c)

The Police Chief, or his or her designee, has determined that the solicitation will be conducted in a manner which will not unduly endanger public safety. In this regard, the Police Chief, or his or her designee, may impose such reasonable restrictions on the manner in which the activity is conducted and the time and location of such solicitation as may be necessary to ensure the public's safety.

(d)

Each individual or group shall be limited to one (1) permit during any twelve (12) month period.

(e)

Any permit issued pursuant to this section shall be limited to one (1) twenty-four (24) hour period and the permit shall state on its face the beginning and ending times and any other condition imposed. As a condition of the permit, the permittee shall obtain insurance in a form acceptable to City, listing the City of Modesto as an additional insured and the permittee shall indemnify the City against any and all claims arising directly or indirectly from the permittee's activity/conduct. The permittee's obligation to indemnify the City is not contingent on the permittee obtaining the insurance required by this section.

(f)

Every individual person to whom a permit is issued shall have in their possession at all times during the period of solicitation, a copy of the permit. When a permit is issued to a group or organization and the solicitation will be conducted by multiple persons, the Police Chief, or his or her designee, may administratively implement such policies and procedures necessary to easily identify those persons who are authorized to conduct solicitation activity pursuant to the permit.

(g)

Each applicant for a permit shall submit to the Police Chief, or his or her designee, at least ten (10) days before the date of the proposed solicitation; an application for a permit on forms prescribed by the Police Chief. At the time of submitting its application, each individual or group shall pay a nominal processing fee of ten dollars ($10.00).

(h)

A permit may be denied to any person who has been convicted of an offense involving fraud, embezzlement or similar crimes. If the applicant is a group or organization, the permit may be denied if the principal financial officer of the group or organization has been convicted of such crimes.

(Added by Ord. 3403-C.S., effective 2-24-06)