(A) The term
TAG DAYS
is hereby defined to mean those days on which it shall be lawful for charitable organizations to solicit funds for charitable purposes upon the public ways of this village, as may be hereinafter designated, through means of distributing emblems or selling flowers or other merchandise, the possession of such emblem, flower or merchandise indicating those who have contributed to such fund or funds.
(B) Supervision and control over all tag days shall be vested in the Police Chief who will limit licenses under the above licensing provisions to not- for-profit entities or associations for the carrying out of such tag day or tag days, and such license will indicate the precise places where and the precise times when, in this village, such solicitations may take place and consistent with such times and places for such solicitations as may have been previously promulgated by ordinance herein or otherwise.
(C) Any such license issued by the Police Chief shall contain the precise locations where and the precise times when such solicitations may take place, in the sole judgment of the Police Chief, and which times and places will be based not only on safety of the solicitors and the safety of motorists but shall also take into account the orderly flow of traffic and may not allow interference with the operation of official traffic control devices, all in the exercise of the police power by this village. Any such license shall be for one or more days as may be adjudged by the Police Chief. Every solicitation shall be during daylight hours, which, for the purposes of this section, shall be defined as one hour following sunrise through and until one hour prior to sunset.
(D) The soliciting agency or charitable organization shall be registered with the Attorney General of this state as a charitable organization, shall be engaged in a statewide fund raising activity, shall be liable for any injuries to any person or property during the solicitation which is causally related to any act of ordinary negligence of the soliciting agent or person. Any person engaged in the act of solicitation shall be at least 18 years of age, and shall take measures to ensure their own safety, including the wearing a high-visibility vest containing reflective materials. Such vests and other safety equipment shall be supplied by the charitable organization obtaining the license.
(E) Prior to such solicitation activities, the soliciting organization shall present to the Police Chiefevidence sufficient, in the sole judgment of the Police Chief, that such soliciting organization has obtained insurance providing coverage for bodily injury liability in the amount of $1,000,000 for any individual and $1,000,000 for any occurrence, and indemnifying this village, its agents and representatives.
(F) This section shall not apply to organized “churches.”
(‘81 Code, § 5-14.07) (Ord. 1980-17-1, passed 10-6-86; Am. Ord. 1993-26, passed 10-18-93; Am. Ord. 1995-38, passed 9-18-95; Am. Ord. 2004-19, passed 3-15-04; Am. Ord. 2005-80, passed 10-17-05; Am. Ord. 2008-53, passed 11-3-08) Penalty, see § 10.99