A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY REGULATING THE USE OF COUNTY ROADS AND INTERSECTIONS FOR THE PURPOSE OF SOLICITING FUNDS OR DONATIONS; TO AUTHORIZE THE PROMULGATION OF RULES AND REGULATIONS; TO SET AN EFFECTIVE DATE; TO AUTHORIZE COUNTY STAFF TO REGULATE AND ENFORCE; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS; AND FOR OTHER RELATED AND LAWFUL PURPOSES.
WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia; and
WHEREAS, the Butts County Board of Commissioners, hereinafter referred to as “The Commission”, is the elected governing body charged with managing the affairs of the County is the acknowledged owner and holder of all properties of the Government of Butts County, as statutorily defined in O.C.G.A. 36-5-22.1(a)(1) and O.C.G.A. 36-9-2, which states both that “The governing authority of each County has original and exclusive jurisdiction over the directing and controlling of all the property of the County, according to law, as the governing authority deems expedient” and “The County governing authority shall have the control of all property belonging to the County”, and under such law has the absolute and final authority over any county building, road, street, bridge, public right of way, intersection or transportation fixture that serves a public purpose, and;
WHEREAS, the need exists and has existed to establish and promulgate rules and regulations governing the use of such aforementioned assets, by individuals, organizations, entities or agencies, for the purposes of soliciting of donations, holding fundraising activities or colleting goods, and;
WHEREAS, it is the express desire of the Board of Commissioners to protect, maintain, and enhance the public health, safety, and the general welfare of its citizens by regulating roadside solicitation, by mitigating the risk that solicitors undertake by entering the roadway and by mitigating the risk to drivers and other pedestrians, and;
WHEREAS, the Board of Commissioners recognizes that the Citizens of Butts County are oftentimes subjected to unregulated solicitation, by sometimes questionable organizations, as well as being placed into occasional hazardous situations in which these events occur, and;
WHEREAS, the County government wishes to ensure that the brand, name, reputation and standing of Butts County, including its government, community organizations and legitimate enterprises are in no way debilitated by unsuitable solicitation or unregulated solicitation upon its roadways, intersections, streets or transportation corridors or properties, now therefore be it:
RESOLVED, the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision, and;
BE IT FURTHER RESOLVED the Commission, through this Resolution, does hereby exercise its statutory rights as the Governing Authority of Butts County and the lawful holder of all properties in the public trust for the Citizens of Butts County, including all county roads, streets, bridges, intersections, related public transportation corridors, and properties does hereby enact the following policies that shall, from the date of this Resolution, be considered in full force going forward, to wit:
A). It is now created a policy that shall be used by the Butts County Board of Commissioners in determining the appropriateness of permitting the use of County-owned public buildings, fixtures, lands, roads or bridges under its jurisdiction, ownership, and control, for the purpose of solicitation, and that said policy shall be governed by the following provisions:
1). An application for a permit to solicit shall be completed by the person(s) or group requesting the permit at least 30 days prior to the date(s) of the solicitation event and submitted to the Clerk of Butts County for approval. By submitting the application, the applicant(s) acknowledge their acceptance of all costs, liabilities and regulations associated with the request and agrees to be solely responsible for them.
2). After administrative review for completeness and compliance, the Clerk of Butts County shall consider the request, taking into consideration the general benefit to the public as well as the safety of the traveling public and may seek recommendations from the Sheriff of Butts County or the County Fire Chief as needed prior to deciding whether to grant or not grant a permit.
3). Butts County prohibits any person from standing or entering on a highway or public street of the county for the purposes of soliciting contributions from the occupant of any vehicle or any pedestrian without a permit from the Clerk of Butts County, under the terms of this Resolution and it shall be a violation of policy to engage in solicitation without a permit, or otherwise not be in accordance with the terms of this Resolution and those stated on the permit, as well as any County codes applicable, and:
4). No charitable organization is allowed to engage in solicitation on any public street or highway in the county without first obtaining a permit. Persons, businesses, and organizations that are not charitable organizations as defined in the paragraph below are not eligible to receive a permit
5). Charitable organizations shall be those organizations that are qualified under Section 501(c) of the Internal Revenue Code of 1986, as amended; Georgia registered non-profit corporations; established Butts County churches; Butts County public and private schools. Charitable organizations must also be registered with the Secretary of State under O.C.G.A. § 43-17-5 or be exempt from the requirement to hold such registration.
6). A minimum of one (1) organizer is required for each solicitation event. No more than three (3) persons shall be designated as organizers. The organizer(s) is/are required to be present at all times.
There shall be one (1) organizer for each location where solicitation is occurring. All solicitation
events shall be conducted under the supervision of a person or persons making application for same (the organizer) and shall be conducted in a peaceable and orderly manner in compliance with the laws and ordinances of the State of Georgia and Butts County. All persons soliciting shall be at least 10 years of age and under the supervision of an organizer, who shall be at least 25 years of age.
7). The signed permit is to be kept on-site in the possession of an organizer at all times that solicitation is underway. If multiple locations are involved, a permit copy shall be kept at each location by each organizer. Permits shall be displayed at the request of any citizen or law enforcement personnel.
8). The Clerk of Butts County, County Administrator or the Sheriff of Butts County (or designee) may revoke the permit at any time it is determined that violations of the terms and conditions stated in the permit are not being met, following the issuance of a warning to the organizer(s) to correct the issue.
9). The Clerk of Butts County may grant, deny, or grant a restricted permit. The Clerk shall issue such a permit as provided in this Resolution from a consideration of the application and from such information as may otherwise be obtained, unless he or she finds that any or all of the following apply:
(a) The conduct of the solicitation event will substantially interrupt the safe and orderly movement of traffic;
(b) The conduct of the solicitation event will substantially interrupt the safe and orderly movement of public safety apparatus in route to an emergency call.
(c) The applicant or any organizers or participants have any criminal complaints pending against them, or have been convicted of acts involving crimes of theft, fraud, or other moral turpitude;
(d) The applicant is not a qualifying charitable organization or is otherwise not a legitimate organization;
(e) The Clerk has reasons to believe the solicitation event is a fraud or sham;
(f) If a charitable organization required to be registered with the Secretary of State under O.C.G.A. § 43- 17-5 is not so registered;
(g) If the conduct of the solicitation event is contrary to the public’s health, safety, or general welfare; or
(h) If the application submitted was not complete.
10). No more than two (2) permits for solicitation shall be issued to the same organization within a calendar year, and shall be issued for no more than two consecutive days per permitted event.
11). The Butts County Fire Department and the Butts County Sheriff’s Office shall be exempt from applying for or acquiring a permit, as shall other agencies of Butts County if given permission.
12). The County shall promulgate, maintain and update policies and procedures governing the issuance of permits for solicitation within the general guidelines established in this Resolution.
13). No permit for solicitation shall be issued for any reason to be held on any County-owned building or facility, except that the Butts County Leisure Services Department may permit such activity at festivals and events held on their grounds that has been approved by that Department Head or higher.
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect as of the date of its signing and that any and all resolutions or parts of resolutions in conflict with this Resolution shall be, and they, to the extent of such conflict are, hereby repealed, and;
BE IT FURTHER RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and;
BE IT FINALLY RESOLVED that the Clerk of Butts County shall be authorized to attest all signatures and to make this Resolution a part of the Book of Resolutions, Volume 1.
Adopted in open session this 24th Day of June, 2019 and signed as authorized by the Chairman of the Board of Commissioners and attested to by the Clerk of Butts County.
/s/ Ken Rivers, Chairman
/s/ J. Michael Brewer
Deputy County Administrator
as Clerk of County
Author: Brewer M
Motion: Douglas, K. of the 4th
Second: Brown, J. of the 3rd
Concur: Rivers K. of the 1st and Henderson, R. of the 2nd
Dissent: Crumbley, R. of the 5th