[HISTORY: Adopted by the City Council of the City of Newburgh 3-22-1993 by Ord. No. 4-93; amended in its entirety 8-11-2014 by Ord. No. 3-2014. Subsequent amendments noted where applicable.]
Peddlers, vendors and solicitors — See Ch. 223.
As used in this chapter, the following terms shall have the meanings indicated:
- Any charitable, educational or religious organization or any association incorporated in accordance with or subject to the provisions of the New York Not-for-Profit Corporation Law, or any other organization or association which does not exist for purposes of pecuniary profit or financial gain and no part of the assets, income or profit of which is distributable to its members, directors or officers.
- TAG DAY
- The practice of soliciting charitable contributions upon the streets, sidewalks or public places or from the occupants of any vehicle on any street or roadway by individuals standing in that portion of the street normally reserved for vehicular traffic.
No person shall solicit money, donations or financial assistance of any kind or conduct a tag day solicitation on any street, sidewalk or public property owned by the City without having obtained a permit from the City Manager.
Any person or entity wishing to hold a tag day as defined herein on any street, sidewalk or public property or portion thereof owned and/or controlled by the City of Newburgh is hereby required to file a permit application and receive City approval thereof no less than 28 days prior to the holding of same. Such approval shall be given only upon satisfaction of all City requirements imposed as conditions thereof and as required hereunder.
Application for such permit shall be made upon forms prescribed therefor by the City. Application forms shall require, at minimum, the following information:
The correct name and address and telephone number of the person and/or organization sponsoring or organizing the tag day.
If the applicant is a corporation, organization, or association, the title of the individual completing the application as so authorized by said entity and acting as the authorized representative of same.
The name of the person or persons in charge of organizing and conducting the event, and the name, title, address and telephone number, including cellular telephone number, and other contact information of the person who shall be present at and with operational responsibility and authority for the tag day.
If the applicant is a corporation, organization or association, the names, titles, telephone numbers and other current contact information of the chief executive officer(s) and other responsible persons in authority over same.
The total number of adults and children expected to participate.
All locations requested to be used and the dates and hours requested for each such use.
Such other information as the City shall require.
Permit applications shall be filed no later than 28 days prior to the date(s) of any tag day and in any event not later than the time required for City to review same and to determine that all arrangements are satisfactory and sufficient to protect public health, safety and property. The City shall waive such requirement and accept the filing of an application after the deadline for same if City determines that such late filing shall not have impaired the City's ability to adequately review the application and all arrangements necessary to hold the event as intended so as to safeguard the protection of public health, safety and property by evaluating same according to the criteria set forth herein; however, City shall have the right to deny any such permit and prohibit such tag day due to the late filing of an application or other material failure to comply with City requirements as defined hereunder, including if such late filing shall have precluded or significantly impaired City's ability and opportunity to evaluate said application as provided under this chapter.
The applicant shall furnish a certificate of liability insurance covering the tag day to be held and naming the City of Newburgh as an additional insured with limits of liability of at least $1,000,000 for each occurrence and $2,000,000 aggregate for bodily injury and $50,000 for each occurrence and $100,000 aggregate for property damage. All such policies must be written in the broadest form available by a company authorized to do business in New York State and of recognized financial standing which has been fully informed about the proposed event.
The City shall have the authority to determine the time, location and manner in which all tag days shall be held based upon the criteria hereinafter set forth.
Tag day solicitations shall take place during daylight hours only.
Solicitations shall be conducted in an unobtrusive manner and without annoyance or hindrance to traffic or pedestrians.
No persons under the age of 18 may conduct solicitation activity on any street or roadway normally reserved for vehicular traffic.
Other terms and conditions as may be prescribed by the City Manager or his designee upon taking into consideration the public health, safety and general welfare.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such person shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.