[HISTORY: Adopted by the City Council of the City of Bridgman 10-7-2019 by Ord. No. 2019-204. Amendments noted where applicable.]
In order to protect the public health, safety, and welfare of
the citizens and drivers in the City of Bridgman, and to advance legitimate
and rational regulation of conduct within the traveled area of public
streets and roads within the City in order to avoid and limit injuries
to pedestrians, automobile collisions, injuries to occupants of motor
vehicles, to avoid traffic congestion and interruption and to otherwise
promote the safe flow of traffic, the City is desirous of regulating
of persons who are soliciting and/or standing in the traveled portion
of the public roadway.
As used in this chapter, unless the context requires a different
meaning, the following words and phrases shall have a meaning ascribed
by this section.
A nonprofit person or entity which establishes proof of identification
as a charitable organization through furnishing articles and incorporation,
articles of organization, organization, United States or state tax
returns and filings, registration as a charitable organization with
the state, or other information as determined acceptable by the City
Manager demonstrating bona fide charitable purpose, and which has
a current policy of insurance as further defined in this chapter.
An organization organized and established as a nonprofit entity for civic-related purposes which shall be established through presentation of Articles of Incorporation, Article 5 of organization, bylaws, federal or state tax returns and filings or other information as determined acceptable by the City Manager, and which has a current policy of insurance as further defined in this chapter.
General liability insurance of a minimum of $500,000 per
person per occurrence issued with the City, its agents and employees
as additional named insureds primary and noncontributory with a notice
of cancellation or nonrenewal directed to the City, attention City
Manager, such notice to be furnished at least 30 days prior to any
cancellation or nonrenewal.
The area of a paved or unpaved private or public street,
highway or road designed for vehicular travel generally, including
the area from curb to curb or, if no curb is present, from outer edge
of shoulder to outer edge of shoulder.
By words or other conduct, to request or invite the receipt
of money or other personal property.
To remain within the roadway other than is reasonably necessary
to traverse across the roadway, or to complete activity within an
area of the roadway necessitated by an emergency such as a traffic
accident, mechanical breakdown, or other similar event.
Solicitation or standing in the roadway within the City is only
permitted within the intersection of Lake Street and Church Street,
in any of the four quadrants.
Only charitable and civic organizations which can provide proof
of insurance are permitted to solicit or complete solicitation transactions
within the roadway. Any charitable or civic group may only solicit
or stand at a permitted intersection on two occasions not more than
three consecutive days in each calendar year (365 days, January 1
through December 31).
All persons engaged in permitted solicitation shall wear high-visibility
safety apparel meeting the current American standards promulgated
by the International Safety Equipment Association. In the event that
such persons are acting for or on behalf of any entity or agency,
lettering identifying such entity or agency upon clothing, a hat,
or any small container utilized by such individuals shall be provided,
legible from 20 feet.
Such persons shall attempt to move off the roadway portion of
the road when traffic is moving and shall locate two highly reflective
orange cones in the center of the roadway and attempt to operate within
that area when engaged in activity and return off the traveled portion
of the roadway when not engaged in solicitation activity and traffic
is not moving.
No person under the age of 18 shall be permitted to solicit
on behalf of any charitable or civic organization.
Persons shall only carry or hold a container of a small size,
shape and weight so as to not impede safe pedestrian and vehicular
movement as determined by the City Manager. Signs and other objects
are prohibited unless approved by the City Manager.
Persons and entities shall obtain the approval of the City Manager,
who shall require a name, address and phone number and who shall grant
approval unless such applicant has previously violated this chapter
within the last two years, or such approval would allow for violation
of sections of this chapter.
Solicitation shall not occur at any time which rain, sleet,
hail, snow, and/or precipitation of any type is falling, or when snow
or ice are present upon the roadway or shoulders areas.
Solicitation shall occur only during "daylight hours," which
is defined to mean 1/2 hour after the sunrise and 1/2 hour before
sunset based on published sunrise and sunset days on the applicable
day where solicitation occurs.
Solicitation is not permitted within any work or construction
zone.
Solicitation shall not occur at any permitted intersection where
traffic controlled devices are either not present or not functioning.
It shall be unlawful for any person to solicit donations within
15 feet of an automatic teller machine (ATM) or within 15 feet of
any public transportation stop or taxi stand. Such distance from an
ATM shall be measured from the entrance or exit of the ATM facility.
A public transportation stop or taxi stand shall be measured by the
location of the sign announcing the stop or taxi stand.
It shall be unlawful for any person to solicit donations by
doing the following:
Any entity, organization, employee, or person who violates the
terms and provisions of this chapter shall be guilty of a civil infraction
punishable by up to a $500 fine, plus costs. Each instance of solicitation
or standing is considered a separate offense subject to penalties
under the provision of this section.
If any section, subsection, clause, or phrase of this chapter
is held to be invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this chapter.
This chapter shall become effective after publication in accordance
with the Charter of the City of Bridgman.
