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New Rocky Top ordinance limits fundraising events to recognized nonprofits

The Rocky Top City Council last Thursday (Oct. 19) passed on second and final reading a new ordinance setting out strict terms for approval of fundraising events on city streets.

That includes “roadblocks” that have normally been used by nonprofit organizations such as volunteer fire departments and churches.

Passed on first reading during the September council meeting, the new ordinance now restricts those fundraisers, which also include parades, foot races, and cycling events, to IRS-registered nonprofit organizations.

The measure limits roadblocks to no more than two each year per organization, while parades, foot races, and bicycle races are to be allowed only once a year per group.

Eligible groups wishing to hold a fundraiser on city streets now must file an application at City Hall, and it must be approved by the city manager before the event can take place.

This change came about because the council in August, on a 4-1 vote, put aside its usual policy and authorized a roadblock event to benefit a private citizen who had sustained losses in a home fire.

There was discussion at the time that it might not be a good idea to set a precedent like that, since in the past the roadblocks were used only for bonafide charitable organizations with IRS 501(c) designations.

Here are some of the terms in the new ordinance for fundraising roadblocks:

• The City Manager shall have the authority and responsibility to deny or revoke any roadblock solicitation application if … conditions are unsafe for the conduction of such activities, violations of any ordinance or event rules or regulations have occurred, or for any other reason he or she deems it in the best interest of the community to do so.

• Applications shall

not be made more than 12 months prior to the date of the proposed event.

• No more than two applications per year shall be issued for a specific event to any group, club or organization.

• Violators will be banned from future applications.

• Applicants must provide liability insurance for the events.

Additionally, the city “shall issue no more than two roadblock applications in any month and no more than 14 in any calendar year.

• Permitted roadblocks shall be operated only between the hours of 9 a.m. and noon, and shall be limited to the following intersections: SR-9 Main Street and Norris Freeway/Wallace Street; SR-9 Main Street and Highway 116.

• No one younger than 18 shall be permitted to participate in any roadblock in any capacity. No children or pets shall be allowed to participate in any roadblock.

• Roadblock participants shall wear bright, highly visible clothing or vests prescribed by the chief of police.

• Solicitors, including all street sale vendors, shall operate in the legal rights of way of intersections where activities are being conducted.

• In the event an emergency vehicle approaches an intersection where a roadblock activity is being conducted, all roadblock participants shall exit the intersection until such time that the emergency vehicle has passed through the intersection, and resumption of roadblock activities can be done in a safe manner without interference with such emergency vehicle.

As for parades and foot/bicycle race events, those are limited to one each year per group.

Those groups also must clean up after their events, or be charged the costs of the cleanup, as follows:

• “Any group, club or organization obtaining an application under this section shall be responsible for immediately cleaning all litter left on the streets, sidewalks and surrounding areas as a result of the activity, and the failure to do so shall be unlawful.

• “In the event a group, club or organization fails to clean litter associated with its activity and it becomes necessary for employees of the city of Rocky Top to conduct such cleaning activities, the group, club or organization that failed to clean such litter shall be liable to the city of Rocky Top for the costs associated with having its employees perform such cleaning.

• “The failure of a group, club or organization to adequately clean litter shall be an appropriate consideration in future applications by such groups.”

Also during last week’s council meeting:

• The council authorized the city manager to purchase two additional patrol vehicles for the Police Department.

One is a used 2018 Dodge Charger being acquired from a police vehicle dealer in Kentucky for $18,000; and the second is a 2020 Dodge Charger being purchased from the Missouri State Police for $23,900.

They will replace two older cruisers, one of which will be sold as surplus, and the other retained as a backup, according to Chief of Police John Thomas.

The city will spend money to equip both new Chargers to city police specifications, bringing the total investment in the 2018 Charger to $19,500, and the 2020 Charger to $28,000.

In a separate vote, the council moved $50,000 of ARPA funds (COVID grant money) into the capital expenditures budget to pay for the two additional cruisers. No local money will be

used.

Chief Thomas said that with recent hires, the Police Department is now at full authorized staff – eight officers. Two of those are still in training.

When all officers are ready for duty, the department will resume 24-hour patrols in the city, Thomas said.

For now, the Police Department does not cover the hours of 2 to 6 a.m.

During those hours, the Anderson County and Campbell County sheriffs’ departments are patrolling the parts of the city that are within those respective counties,

• The council passed on first reading an ordinance that allows fire or police department members retiring in good standing after at least 25 years of service to keep certain items connected with their employment, including badges and handguns for police officers, and badges and turnout gear for firefighters.

Retention of those items must be approved by the police or fire chief, and the items would be officially removed from the city’s inventory of police and fire equipment.

This measure likely resulted from last month’s retirement of Chief of Police Jim Shetterly, who served in the department nearly 30 years.