268.423 - Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.

268.423  Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.

      1.  The governing body of each city in a county whose population is more than 400,000 shall provide by ordinance for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the city. The city shall, upon receipt of the completed application, issue the permit for the period requested which may not exceed 3 days in a calendar year. The city may reasonably limit the time, place and manner of the solicitation to preserve public safety. In no case may a person whose age is less than 18 years be permitted to participate in the solicitation. The governing body of each city in a county whose population is 400,000 or less may provide for such permits in the same manner.

      2.  The city may charge a fee for such a permit which does not exceed:

      (a) An amount reasonably calculated to reimburse the city for its administrative costs in considering and processing the application; or

      (b) Fifty dollars,

Ê whichever is less.

      3.  The charitable organization:

      (a) Shall indemnify the city against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and

      (b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.

      4.  As used in this section:

      (a) “Charitable organization” means an organization which:

             (1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

             (2) Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.

      (b) “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a “freeway” as that term is defined in NRS 408.060.

      (Added to NRS by 1991, 141)