Charitable solicitation on public rights of way within the village shall be allowed only if such charitable solicitation is conducted in strict compliance with all applicable provisions of this chapter, and only if such charitable solicitation also complies with the following regulations:
(A) Permit Required; Fee; Application Requirements: No person shall engage in charitable solicitation on any public right of way within the village without first having applied for and obtained a valid solicitation permit therefor pursuant to this chapter. Because solicitation on a public right of way does not involve door to door activities, such solicitation does not involve the same considerations related to public health, safety, and welfare as are raised by door-to-door solicitation. Accordingly, the application for a permit to solicit on a public right of way shall be made only by the charitable organization on behalf of all of the individuals who shall be soliciting. Such application shall include the names and addresses of all such individuals and shall conform to the requirements of this chapter. There shall be no fee for a permit for a charitable organization to solicit charitable contributions on a public right-of-way.
(B) Number of Permits Limited: Permits shall be issued on a first-come, first-serve basis and are limited to one permit per charitable organization. No more than one charitable organization shall engage in charitable solicitation on public rights of way within the village on any one day.
(C) Hours When Permitted: No person shall engage in charitable solicitation on any public right of way within the village at any time between the hours of six (6:00) P.M. or dusk, whichever is earlier, and nine (9:00) A.M. All solicitation shall be prohibited from November 1 through March 31.
(D) Locations: Charitable solicitation on public rights of way within the village shall be engaged in only at intersections with traffic control signal lights and only when traffic has come to a full and complete stop.
(E) Annual And Consecutive Days Limitations: No solicitor, or the business or organization represented by the solicitor, shall engage in charitable solicitation on public rights of way within the village on more than two (2) days within any one calendar year. A permit for two (2) consecutive days shall only be allowed if the charitable solicitation will be conducted on a Friday and Saturday.
(F) Minimum Age: No person younger than seventeen (17) years of age shall engage in charitable solicitation on any public right of way within the village.
(G) Protective Clothing: Every person engaged in charitable solicitation on any public right of way within the village shall wear a high visibility vest at all times while engaged in such solicitation.
(H) State Registration: Every business or organization represented by a solicitor engaged in charitable solicitation on any public right of way within the village shall be registered with the Illinois attorney general as a charitable organization pursuant to The Solicitation for Charity Act, 225 ILCS 460/0.01 et seq.
(I) Charitable Solicitation Financial Disclosure: The charitable organization shall distribute to every person solicited, a financial statement of said charitable organization for the preceding twelve (12) months which shall include a balance sheet and statement of income and expenses clearly stating forth the following: gross receipts and gross income from all sources broken down into total receipts and income from each separate solicitation project or source; cost of administration; cost of solicitation; cost of programs designed to inform or educate the public; funds or properties transferred out of the State, with explanation as to the recipient and purpose; total net income amount for each major purpose, charitable or otherwise. Statements shall be signed by the president or other authorized officer or agent and shall be accompanied by an opinion signed by an independent certified public accountant that said financial statement fairly represents the financial operation of the charitable organization.
A copy of the annual report to the Attorney General of Illinois required by 225 Illinois Compiled Statutes 460/4, may be presented in lieu of the aforementioned financial statement. For the purpose of financial statements, the definitions and standards applicable to the annual report to the Attorney General as set forth in said section 460/4 shall be utilized.
In the event a charitable organization has not been established for a period of twelve (12) months, a copy of the registration statement filed with the Attorney General of Illinois pursuant to 225 Illinois Compiled Statutes 460/2 may be utilized.
(J) Statewide Activity: Every business or organization represented by a solicitor engaged in charitable solicitation on any public right of way within the village shall be engaged in statewide fundraising activity.
(K) Liability: Every solicitor engaged in charitable solicitation on any public right of way within the village, and the business or organization represented by the solicitor, shall be liable for all injuries to any person or property that occur during or as a result of the solicitation that are causally related to an act of ordinary negligence of the solicitor or the business or organization the solicitor represents.
(L) Insurance: Before engaging in any charitable solicitation pursuant to this section, the solicitor shall provide to the chief of police a certificate of insurance issued by an insurance company licensed to do business in Illinois indicating that the insurance company will insure the solicitor and the business or organization represented by the solicitor against any injury to any person or property during the solicitation that is causally related to an act of ordinary negligence of the solicitor or of the business or organization represented by the solicitor. Such certificate of insurance shall name the village as an additional insured, shall state that the insurance policy shall not be amended or canceled during the period of the permitted solicitation, and shall reflect that at least the following coverage has been provided:
1. Personal injury coverage in an amount not less than one million dollars ($1,000,000.00) per occurrence and five hundred thousand dollars ($500,000.00) per person.
2. Property damage coverage of at least one hundred thousand dollars ($100,000.00). (Ord. 21-O-41, 9-13-2021)