(a) The Village Administrator or his designee may issue a permit to solicit contributions on a street, highway or roadway from the driver or occupant of a vehicle when all of the requirements of subsection (b) hereof have been met.
(b) Charitable organizations may apply for and obtain a permit to solicit contributions in the street, highway or roadway but not on a freeway as provided in Ohio R.C. 4511.051 when a permit is issued by the Village Administrator or his designee as follows:
(1) The Village Administrator or his designee shall prescribe a form and receive applications to solicit contributions on a street, highway or roadway.
(2) An application may be made only by a charitable organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax exempt status of the organization pursuant to Section 502(c)(3) of the Internal Revenue Code as amended. The Internal Revenue Service ruling or determination shall be attached to the application prescribed by the Village Administrator and/or the Village Administrator's designee.
(3) An application to solicit in the street, highway or roadway shall state the date and times for which the permit is sought. A permit under this section shall not be issued to a charitable organization for more than one day each calendar year between the hours of 8:00 a.m. and 5:00 p.m. on such date.
(4) The application to solicit in the street, highway or roadway shall specify the locations and shall be approved for not more than three (3) intersections during any time for which the permit is sought. The application shall list the names and addresses of all agents authorized to solicit on behalf of the organization.
(5) The application shall be accompanied by a paid up liability insurance policy or certificate of insurance in the amount of not less than one million dollars ($1,000,000) that insures the charitable organization for any and all claims that may arise as a result of soliciting contributions in the street, highway or roadway and which insurance policy contains a clause that names the Village and its officers, agents or employees as an additional insured under such policy.
(6) The application shall be accompanied by a signed waiver of liability from each person soliciting on behalf of the organization for any and all claims that may arise as a result of soliciting contributions in the street, highway or roadway.
(7) Prior to the issuance of a permit, the Village Administrator and/or the Village Administrator's designee shall verify that the proposed solicitation in the street, highway or roadway at the specified locations on the date stated in the permit does not conflict with a previously issued parade permit or scheduled public event. No more than one permit shall be issued for the use of any intersection during any calendar day, nor shall more than one charitable organization be permitted to solicit on the same calendar day.
(8) The Chief of the Division of Police shall be provided a copy of the application, permit and names of the members of an organization issued a permit to solicit under this section. All agents soliciting contributions pursuant to a permit issued under this section shall possess a copy of such permit with them at all times during the period of such solicitation.
(9) All agents soliciting contributions pursuant to the permit shall wear light colored clothing and/or safety vests and shall prominently display an organization identification.
(10) The Village Administrator and/or the Village Administrator's designee shall have the authority to revoke the permit to solicit contributions, and the Village Administrator, his designee or the Police Chief may order any and all of the agents to cease all activity, if conditions become hazardous and/or inclement, in their sole discretion, or if the agents fail to comply with the requirements of this section.
(Ord. 2005-07. Passed 3-7-05.)