Roadway Solicitation

§ 10-209, Soliciting Rides or Business

  1. No person shall stand in a roadway for the purpose of soliciting a ride, employment, contributions or business from the occupant of any vehicle.
  2. No person shall stand on or in the proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
  3. Exception to items one and two above may be allowed by the city council for the purposes of soliciting contributions which are to be devoted to charitable or community betterment purposes, from any occupant of any vehicle when stopped by traffic control devices or traffic control signals, within a roadway which is not part of the state highway system; provided, that such person and the charity shall first comply with subsection below.
  1. A charity or community betterment organization and its solicitors, seeking to solicit contributions for those using a roadway shall comply with the following:
    1. At least thirty days prior to the date of the proposed solicitation, the charity or organization shall file a request for roadway solicitation with the City Clerk. The request shall state the date, time and location of the proposed solicitation, and the names of all solicitors. All requests must include a Certificate of Insurance for the solicitation, naming the City of Fremont, and the solicitors as additional insureds, in the minimum amount of one million dollars. Copies of the request shall be forwarded to the Chief of Police and placed on the agenda for consideration at the next meeting of the Fremont City Council.
    2. Each person who will be engaging in roadway solicitation shall sign an information/waiver form, which shall be available through the office of the City Clerk. The form shall waive any claims against the City of Fremont arising as a result of the solicitation and set forth the conditions under which the roadway solicitation may be conducted.
    3. A roadway solicitor shall be at least eighteen years of age. All roadway solicitors shall wear an optically bright yellow or orange safety vest while soliciting in the area of the roadway.
    4. City employees engaging in roadway solicitation may do so during off-duty time only and may not be identified, in any way, as a city employee during such solicitation. No City employee shall be eligible for worker's compensation benefits for any injury sustained as a part of any roadside solicitation.
    5. A charity or organization may engage in roadway solicitation only two times in twelve consecutive calendar months and for a duration of no greater than two consecutive days each time.
    6. Any solicitor must have documentation of having completed instruction regarding safe roadway operations as developed by the Fremont Police Department. Such documentation shall be provided upon request.