A. Definitions: For purposes of this section, the following terms shall have the meanings herein ascribed:
CHARITABLE ORGANIZATION: An organization:
1. 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;
2. Engaged in a statewide fundraising activity; and
3. 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.
CHARITABLE SOLICITATION: Seeking to obtain contributions or donations of money, or any other thing of value, for the use or benefit of any benevolent, charitable, philanthropic, patriotic, or eleemosynary association, organization, or not for profit corporation.
PUBLIC STREET: Any public thoroughfare, roadway, street or highway within the village of Winfield.
B. Charitable Solicitation Permit Required: It shall be unlawful for any person, firm or corporation to go upon any public street in the village for the purposes of soliciting from motorists or others using the public street; provided, however, charitable solicitation may be permitted on public streets in accordance with the provisions of this section when a permit therefor has been issued.
C. Charitable Solicitation Permits: Each permit shall be valid only for one period of three (3) consecutive days during the course of a calendar year. The permit shall only be valid during daylight hours on the dates specified and for the public street locations identified in the permit. No charitable organization shall be issued more than two (2) charitable solicitation permits in any calendar year.
D. Locations For Charitable Solicitation: Charitable solicitations are permitted only at intersections approved by the chief of police based on safety and traffic considerations.
E. Application For Charitable Solicitation Permit:
1. Any eligible organization seeking to conduct charitable solicitation on public streets shall file an application for a permit with the village administrator in the same calendar year as, and not less than seven (7) days before the last village board meeting prior to the date that the solicitation is proposed to occur. All applications shall be approved by the village board.
2. The application shall contain the following information, which must be updated by the applicant as circumstances warrant:
a. The name, address and telephone number of the person signing the application.
b. The name, address and telephone number of the authorized and responsible leaders of the organization.
c. The date(s) of the proposed charitable solicitation.
d. The public streets on which the charitable solicitation will occur.
e. The approximate number of people who will participate in the charitable solicitation.
3. All applications for a charitable solicitation permit shall be processed on a first in time basis. Any conflict between or among two (2) or more applications filed on the same day shall be resolved by a lottery to be conducted by the village administrator. Applications may not be filed more than three hundred sixty four (364) days before the solicitation date.
F. Conditions For Charitable Solicitation: Any person engaged in the act of charitable solicitation shall be sixteen (16) years of age or more and shall be wearing a high visibility vest. Solicitors shall not interfere with the flow of traffic. The Police Department may order any solicitor interfering with traffic to discontinue charitable soliciting. (Ord. 2014-10-31, 10-16-2014)