§ 10.28.010. Soliciting for contributions.

No person shall stand on a highway for the purposes of soliciting contributions from any occupant of a vehicle, except under the following restrictions:

A.

The soliciting agency shall be:

1.

Registered with the Illinois attorney general's office as a charitable organization, as provided by "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor," approved July 26, 1963, as amended;

2.

Engaged in a statewide fund-raising activity; and

3.

Liable for any injuries to any person or property during the solicitation which are causally related to an act of ordinary negligence of the soliciting agent.

B.

Permits.

1.

Any person, group, agency, or entity desiring to engage in street solicitation activities for contributions must first register with the city and obtain a permit from the city clerk for the solicitation activities. As part of the registration, the person, group, agency or entity shall provide the city with proof of general liability insurance which names the city as an additional insured, and covers the solicitation activities.

2.

The city shall only issue two permits to the same person, group, agency or entity for the same solicitation/fund-raising event. Each permit shall be valid for two consecutive days. The city may issue rain-day permits. Each rain-day permit shall be valid for one day.

3.

The permit obtained from the city shall be available for inspection at the site of the solicitation activities.

4.

The chief of police or his designee may suspend or terminate any permit issued by the city upon determining that inclement weather has created a safety risk beyond the risk associated with the solicitation activities themselves. If a permit is suspended or terminated prior to the person, group, agency or entity using fifty-one percent of the hours available for the particular day, the person, group, agency or entity may be eligible for a rain-day permit upon application to the city clerk.

C.

Any person engaged in the act of street solicitation shall:

1.

Be sixteen years of age or older, as long as an adult of twenty-one years of age or older is providing supervision during solicitation activities at any site involving any person under the age of eighteen;

2.

Wear a high visibility vest;

3.

Wear an item or items of clothing that depict which organization they are representing; and

4.

Use collection canisters which are clearly labeled as to which organization is being represented and is soliciting donations.

D.

Taking into consideration the safety of the solicitors, safety of the motorists, as well as avoiding interference with traffic control devices and the orderly flow of traffic, solicitation activities shall only take place between the hours of nine a.m. and four p.m. from October 1st through April 30th, and between the hours of nine a.m. and five p.m. from May 1st through September 30th, and only at the intersection of Main Street and West Street.

E.

Penalty. Any person, group, agency or entity violating the provisions of this chapter shall be guilty of an ordinance violation and, upon conviction, shall be punished as provided in Section 1.16.010. In addition, any person, group, agency or entity who violates the provisions of this chapter or any other city or state law while acting under a permit issued pursuant to this section, shall have any permit issued terminated and shall be unable to obtain any permits for solicitation activities for the period of three years following the termination.

(Ord. 816, 2004).

(Ord. No. 861, § 52, 9-21-09)