§ 38.41  COMMUNITY USE.
   (A)   The village will accept applications for non-emergency use by not-for-profit community organizations situated in the village to send alerts to community members who have chosen to opt in to receiving such alerts. Such applications shall include the name, address, designated agent, phone number, email address, intended contact audience for system, requested frequency and purpose.
   (B)   The village may choose to decline providing requesting services if such services impose an unreasonable burden on the system, if the applicant is not a not-for-profit community organization situated in the village, and/or village determines that the request does not meet the purpose of providing the designated audience with brief alerts regarding the scheduling and/or termination of programming in the village. The village may also choose to deny any requests which might harm the public constituting of profane, obscene, or sexual language; content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation; solicitations of commerce, including but not limited to advertising of any business or product for sale; disruptively repetitive content; conduct or encouragement of illegal activity; information that may tend to compromise the safety or security of the public or public systems; malicious or harmful software or malware; defamatory or personal attacks; threats of violence or to public safety; confidential, private, or exempt information or records as defined by state law; conduct that violates any federal, state, or local law; and copyrighted materials in violation of state or federal law.
   (C)   In the event of such denial, the applicant may appeal by tendering notice of written appeal to the Village Clerk within ten business days of the issuance of such denial. Failure to timely file such an appeal constitutes a waiver to file an appeal. The appeal shall then be heard by the Village Board of Trustees within 30 business days at a date, place and time designated by the village in writing mailed and emailed to the applicant at least five business days in advance of such hearing. At the hearing, the applicant will be allowed to present such information as it reasonably desires. The Village Board shall then issue its final decision within 15 business days of the conclusion of such hearing.
   (D)   The schedule of fees for utilizing such services shall be comprised of a setup fee of $30 with an annual fee of $120 per year for each fiscal year with any partial year application to be prorated. The annual fee will be due May 1 of each year.
   (E)   The village, at the direction of the President, may terminate the community use portion of the program at any time in which case, any applicant will be issued refunds for any terminated services.
(Ord. 2019-O-13, passed 10-1-2019)