(A) Permit required. No person shall stand on any street, highway or roadway within the corporate limits of the city for the purpose of soliciting contributions from the occupant of any vehicle unless the person shall satisfy all the requirements of this section and unless a solicitation permit has been obtained from the City Clerk.
(B) Authorized intersections. Solicitation conducted on a street, highway or roadway within the city pursuant to a permit issued under the authority of this section shall be undertaken only at the following intersections:
(1) Madison Avenue and Sixth Street;
(2) Madison Avenue and Twelfth Street.
(C) Authorized times. Any solicitation conducted on a street, highway or roadway within the city pursuant to a permit issued under the authority of this section shall be undertaken only between the hours of 7:30 a.m. and 5 p.m.
(D) Eligible agencies. Any person conducting solicitation under the authority of this section shall be affiliated with an eligible soliciting agency which shall be:
(1) Registered with the Attorney General as a charitable organization as provided by ILCS Ch. 225, Act 460, §§ 1 et seq., “An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor.”
(2) Engaged in a statewide fund raising activity; and
(3) Liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.
(E) Application for permit. A person seeking issuance of a solicitation permit under this section shall file an application therefor with the City Clerk on forms of the City Clerk’s specifications. An application for a solicitation permit shall be filed with the City Clerk not less than 30 days nor more than 90 days before the date on which such agency proposes to conduct the solicitation. The application for a solicitation permit shall set forth and include the following:
(1) The name, address and telephone number of the person executing the application;
(2) The name, address and telephone number of the headquarters of the particular soliciting agency;
(3) The name, address and telephone number of the person acting as chairman of the solicitation program for which the application is being made;
(4) The date of the proposed solicitation;
(5) The intersection(s) at which the solicitation is proposed;
(6) The number of persons (not to exceed six) to be stationed and actively engaged in the solicitation of occupants of motor vehicles at any given time;
(7) The time at which the proposed solicitation will begin and terminate;
(8) A statement that the soliciting agency agrees to the assumption of the liability for any injuries to person or property as provided in division (D)(3), supra and agrees to provide with the application evidence of insurance covering such liability;
(9) An agreement, signed by the applicant, to indemnify, hold harmless and defend the city and its officers, employees, contractors and agents of and from all liability and claims of liability for injury to persons or property which shall be caused by or related in any way to the activity to be carried on by the applicant pursuant to the terms of the permit granted hereunder. In addition, the applicant shall furnish and maintain a general policy of liability insurance designating the city and its officers, employees, agents and contractors as additional insureds. The policy of insurance shall have a combined single limit coverage of $1,000,000 and shall be paid in full and be noncancellable during the entire time period for which the permit application is made. Certification of such insurance in force shall be submitted by the applicant along with the permit application; and
(10) Any additional information which the City Clerk finds reasonably necessary to a fair determination as to whether a permit should issue.
(F) Issuance of permit; notice of decision.
(1) The City Clerk shall refer the application to the City Council which may issue a solicitation permit as provided for in this section when, from a consideration of the application and from such other information as may otherwise be obtained, the City Council finds that:
(a) The conduct of the solicitation will not substantially interrupt the safe and orderly movement of traffic at the location(s) requested;
(b) The conduct of such solicitation and the concentrations of persons involved therein will not unduly interfere with proper fire and police protection of or ambulance service to contiguous areas in the city.
(2) The City Council shall act upon the application for a solicitation permit at the next regular meeting of the City Council occurring at least five days after the filing of the application. The City Clerk shall notify the applicant of the approval or rejection of the application within five days of such action by the City Council.
(G) Contents of permit; permit to be present at solicitation site. Each solicitation permit issued pursuant to this section shall state the name of the organization and/or agency involved, the particular intersections) at which the solicitation is to be undertaken and the date and time period during which the solicitation is to be undertaken. One permit shall be issued for each location used and said permit shall be in the possession of one of the persons soliciting at each location at all times.
(H) Age requirements, safety vests. Any person engaged in solicitation as authorized by this section shall be 16 years of age or more and shall wear a high-visibility vest or other such garment.
(I) Penalty. Any person, firm, association, partnership or corporation violating any provision of this section shall be subject to a fine in an amount not less than $50 nor greater than $750 per each offense.
(Ord. 961, passed 4-1-1980; Am. Ord. 1568, passed 12-18-2001) Penalty, see § 130.99