Solicitation of contributions from the occupant of any vehicle or pedestrian on the public rights-of-way within the City of Warrenville shall be permitted upon the following terms and conditions:
A. Organizations with Two or More Solicitors:
1. An organization that desires to have two or more people solicit contributions from vehicles or pedestrians on public rights of way within the City shall be engaged in a fundraising activity for which a street solicitation license has been obtained from the City of Warrenville. Said license shall be issued by the City Clerk’s Office and shall be valid for one or two consecutive days. A license for a two day fundraising activity shall be issued only if the second day of the fundraising activity is a Saturday. No more than one organization with two or more solicitors may solicit on public rights-of-way on any given day. Said license shall be issued by the Clerk on a first come, first served basis.
2. The applicant shall furnish to the City a certificate of insurance and a release and hold harmless agreement executed by each participant acting on behalf of the soliciting agency, which shall indemnify the City from any injury to any person or property during the solicitation. Any person engaged in the act of solicitation shall be sixteen (16) years of age or more and shall be wearing a high visibility vest.
3. The applicant must comply with the general regulations set forth in Subsection B of this Section.
B. General Regulations:
1. Soliciting shall be permitted only at intersections where all traffic is required to come to a full stop. There shall be no soliciting on any public roadway intersection where, in the opinion of the Police Chief or his designee, the solicitation shall constitute a hazard to safety and traffic.
2. Soliciting shall be permitted only during daylight hours.
3. Solicitors may not interfere with or block pedestrian or vehicular traffic.
4. No Person shall stand in a public right-of-way within the City for the purpose of soliciting a ride from the driver of any vehicle, or for the purpose of Soliciting employment or business from the occupant of any vehicle.
5. Every solicitor engaged in soliciting on any real property owned by the City, and the business or organization represented by the solicitor, shall be liable for all injuries to any person or property that occurs during or as a result of the soliciting and that is causally related to an act of ordinary negligence of the solicitor or the business or organization the Solicitor represents.
6. Every solicitor engaged in soliciting on any real property owned by the City, and the business or organization represented by the solicitor, shall defend, indemnify and hold harmless the City and its elected and appointed officials and officers, employees, agents and representatives from and against any and all injuries, claims, demands, judgments, damages, losses and expense, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, or failures to act or misconduct of the solicitor if such acts, omissions, or failure to acts cause material damage to the City or its property, or damage to the person or property of a third party while the solicitor is Soliciting; provided, however, that solicitor’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses, or expenses arising out of or resulting from the negligence, misconduct or breach of any provision of this Code by the City, its officials, officers, employees, agents or representatives. Nothing in this subsection shall be read to require indemnity by a solicitor if the damage was not caused by the solicitor directly and personally, and solicitors shall not be liable for any damages caused by a person or persons objecting to the nature or purpose of the solicitation.
7. In addition to any other remedies and fines provided for within this chapter, any violation of this section shall constitute grounds for denial of a license the following year.” (Ord. O2018-48, 10-15-2018; amd. Ord. O2022-26, 8-1-2022)