(A) Generally.
(1) No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle within the Village of Roscoe, except as where permitted herein.
(2) No person, organization, or agency shall be permitted to engage in the soliciting of charitable contributions from the occupants of any vehicle on roadways unless a permit is obtained from Chief of Police of the Village of Roscoe.
(3) The charitable solicitation upon public highways may be allowed only if the person, agency, group, or organization meets all of the following criteria. The soliciting organization shall be:
(a) Registered with the Attorney General 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;
(b) Engaged in a statewide fund raising activity; and
(c) 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.
(4) Solicitation upon the roadway shall not interfere with the orderly flow of traffic, and may not allow interference with the operation of official traffic control devices.
(5) The Village of Roscoe shall not be liable in any action for damages for property or personal injury resulting from a motor vehicle accident arising out of or in the course of charitable solicitation on roadways.
(6) For the purpose of this section, PUBLIC HIGHWAY or HIGHWAY shall mean any public street, road or highway within the Village of Roscoe corporate limits, and shall include the entire width, both paved and unpaved, and the divider or median.
(B) Application.
(1) Each charitable organization that wishes to solicit charitable contributions under a permit issued pursuant to this chapter must first submit an application to the Chief of Police no later than 15 days prior to the requested date of solicitation.
(2) Each applicant shall provide the following information:
(a) Name of Organization;
(b) A list of all participants who will be soliciting contributions upon the highway;
(c) Proof of registration with the Attorney General as a charitable organization or a copy of the Federal Internal Revenue Service tax exempt status pursuant to I.R.C. § 501(c)(3);
(d) Proof that the organization is engaged in a statewide fund raising activity;
(e) Statement of specific times and locations of the solicitation on roadways; and
(f) An executed indemnification agreement and hold harmless agreement approved by the Village of Roscoe, indemnifying and holding harmless the Village of Roscoe from damages for property or personal injury resulting from a motor vehicle accident arising out of or in the course of charitable solicitation on roadways.
(3) The Chief of Police shall review and approve of the location of solicitations, and note upon the application any additional restrictions or qualifications to the approval of the application, that the Chief finds to be in the interests of the health, welfare and safety of the residents of the Village of Roscoe.
(4) The Chief of Police shall then review the application, and finding that the applicant meets all of the requirements of this section, may issue the permit for solicitation upon the public highways of the Village of Roscoe. Such permit shall only be valid at the time and dates listed on the permit.
(5) Falsification of the application will result in revocation of the permit. Violation of the provisions of this section or any ordinance or law will result in revocation of the permit.
(C) Rules and regulations.
(1) Any person engaged in the act of solicitation under this section shall be 18 years of age or more.
(2) Any person engaged in the act of solicitation shall be wearing a high visibility vest approved by the Village. The Village of Roscoe shall reasonably make available vests for use by participants, and shall require a refundable deposit paid in advance by the applicant for such issuance and use of Village vests.
(3) Persons engaged in solicitation contributions from vehicles may not in any way cause a distraction to motorists, cause a sudden stoppage or slowdown of vehicular traffic or in any way disrupt the orderly flow of vehicles.
(4) Solicitors may only approach vehicles that are stopped.
(5) Use of flagmen is prohibited.
(6) Solicitation may take place only during daylight hours, and in any case not earlier than 9:00 a.m. and no later than 9:00 p.m.
(7) Parking of solicitors’ vehicles shall comply with all applicable traffic regulations.
(8) Signage in or along the roadway is prohibited. Solicitors may hold a sign not more than 2 feet by 2 feet, or a maximum of 4 square feet.
(Ord. 2009-76, passed 11-5-2009) Penalty, see § 10.99