Permit required for roadside solicitations in Bradley County

Organizations that wish to further their charitable cause through the solicitation of donations on the public highways of Bradley County, outside the cities of Cleveland and Charleston, are required to obtain a permit from the sheriff’s office.

State laws are very specific on requirements for a permit, which are limited to organizations that have achieved recognition by the Internal Revenue Service for their charitable purpose.  Documentation showing the organization has demonstrated compliance with section 501 (c) (3) of the federal tax code must be provided at the time the permit is sought.

Sgt. W.G. Campbell said he has received inquiries from several organizations that are planning their fundraising programs for the summer and were considering roadside solicitations.

To secure a permit the organization must meet the following requirements.

1. Follow all laws set forth in TCA 39-17-307. ( see below)
2. All participants must be at least 18 years of age.
3. Persons collecting money must wear hunter orange safety vests.
4. The organization must have some type of sign, etc. announcing what the collection is for.
5. Must keep a copy of the permit with the contact person at all times.
6. Obey any law officer of the state of Tennessee if they inform you to stop.
7. Requests for permits must be submitted five working days prior to the solicitation date.
8. In the event of inclement weather, the permit becomes void.

“It is not our intent to keep any organization or athletic team from soliciting donations at intersections, but we must follow the law and abide by it’s restrictions,” Sgt. Campbell said.

Applications must specify the date, time, and location for the event.  Sheriff’s department personnel make periodic visits to the intersection while solicitations are being made and can revoke a permit for failing to follow safety guidelines or for impeding traffic flow.  Sgt. Campbell said events are limited to three hours. The permit requires a signature releasing the sheriff’s office and the county from liability in the event of an accident.  “We understand this is a way that many organizations raise money. But it must be done lawfully and safely, because the last thing we want is someone injured or killed,” Sgt. Campbell noted.

Donations to organizations that possess a 501(c)(3) designations are deductible on the donors federal income tax return as a charitable contribution.

There is no charge to make application for a permit.

TCA 39-17-307 controls soliciting on highways and streets.
TCA 39-17-307 – Obstructing highway or other passageway – (a) A person commits an offense who, without legal privilege, intentionally, knowingly or recklessly:

(1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or

2) Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to

A) Prevent obstruction of a highway or passageway; or

B) Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.
(b) For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or potentially injurious to persons or property.
(c) An offense under this section is a Class C misdemeanor
(d) (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that: (A)        Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4); (B)        The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and (C)         The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located. (2)The provisions of this subsection (d) do not apply in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000) according to the 1990 federal census or any subsequent federal census. (2)         No liability for any accident or other occurrence that arises from solicitations shall attach to the sheriff or government involved in issuing the permit, but shall be borne solely by the organization obtaining the permit. (3)        The provisions of this subsection (d) shall not be construed to supersede or affect any ordinance relative to collecting donations at public intersections in effect on July 1, 1993. (4)        Any municipality by ordinance may prohibit roadblocks within its corporate limits notwithstanding the provisions of this subsection (d). [Acts 1989, ch. 591, § 1; 1993, ch. 148, §§ 1-5.]