(A) There shall be no solicitation of funds, donations, or other gratuities, or sale of items by any pedestrian on or upon the public streets and ways of the Town of Cedar Lake to or from the operators or occupants of motor vehicles being driven upon the public streets and ways except as provided hereinafter.
(B) Solicitation not prohibited as set forth in division (A) above shall be authorized by the Town Council, which shall act on any request, with the following expressed conditions:
(1) Solicitation activities may only be permitted on alternating Saturdays during the months of April, May, June, July, August, September and October. These events will be considered starting on the first Saturday in April and ending on the last Saturday in October of each year. The alternating Saturday after the approved date for solicitation activities for an organization shall be the designated rain or weather date for the approved organization. The only exception may be for long-term and established organizations which have traditional and customary days of solicitation other than Saturdays. However, for such organizations, all other regulations and requirements apply.
(2) Solicitation activities shall be limited to formally organized philanthropic, service and youth organizations which originate in the Town of Cedar Lake, Indiana.
(3) Solicitation activities shall be limited to one organization per day on a first come, first serve basis. An organization shall only be entitled to one solicitation day activity in each calendar year.
(4) Organizations permitted to engage in solicitation activities shall provide proof of insurance naming the Town of Cedar Lake, Indiana, a municipal corporation, as additional insured in minimum amounts of $500,000 per person and $1,000,000 per incident, minimum, for each such solicitation day and activity permitted.
(5) Any qualified organization seeking permission and authority of the Cedar Lake Town Council to undertake solicitation day activities shall apply to the Town Chief of Police and Clerk-Treasurer at least three weeks prior to the proposed solicitation date sought. The qualified organization shall be required to provide with its application request a schedule of events, the name and address of each person participating in solicitation activities on behalf of the organization, the name and telephone number of the responsible and authorized organization representative, the list of locations where solicitation activities will be undertaken, and all related information.
(6) All solicitation activities permitted shall be authorized to start no earlier than 8:00 a.m., and conclude or finish in four consecutive hours. This will mean that solicitation activities commencing at 8:00 a.m. will conclude at 12:00 p.m., by example. All solicitation activities will be completed by 1:00 p.m., on the approved day, regardless of the time of commencement.
(7) All persons participating in the solicitation activities of the qualified entity or organization are required to wear bright colored clothing, including an approved safety-colored vest. No persons under the age of 18 years of age shall be permitted to participate in the solicitation activities of the qualified organization or entity unless specifically supervised by an authorized organization representative older than 18 years of age.
(8) There shall be no impeding or interrupting the flow of traffic at any location at which solicitation activities are permitted in the public ways and streets of the town. There shall be no more than one person involved in solicitation activities in the public road or way at any time for each direction of travel. This will mean that there will be a maximum of four individuals at any one intersection, including the intersection at U.S. Route 41 and West 133rd Avenue, in town.
(9) Each qualified organization or entity permitted to undertake solicitation activities by affirmative action of the Town Council in a public meeting shall be required to execute an appropriate indemnification and release agreement to release and indemnify the Town of Cedar Lake, Indiana, its elected and appointed officials, representatives, employees, agents, attorneys, successors and assigns, from any and all liability or cause of action as a consequence of being granted the permission and authority to engage in solicitation activities pursuant to the provisions of this section, as the same is amended from time to time. This agreement will be in a form and content deemed appropriate by the town, and shall be required to be executed and delivered together with the insurance certificates before the solicitation day activities are permitted.
(C) Enforcement. In the event of noncompliance or violation of any of the terms of this section, Metropolitan Police Department personnel shall be authorized to immediately terminate and end the solicitation activities of the organization occurring in violation hereof. Due to the sensitive nature and safety requirements of such activities, it is deemed an appropriate exercise of the police power of the town to serve and protect both pedestrians as well as individuals operating motor vehicles to assure the safety of all residents, citizens and affected individuals. Additionally, the Town Council may pursue any and all remedies available at law, including utilization of its discretionary legislative authority to decline to permit other applications by the violating entity or organization seeking permission and authority for solicitation activities.
(Ord. 945, passed 2-21-06)