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HomeMy WebLinkAboutORDINANCES-1963-053-O-63• Rev. 8/5/63 8 8/12/63 333 53-0-63 AN ORDINANCE Amending the Municipal Code of the City of Evanston to Regulate Tag Days BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, j COOK COUNTY, ILLINOIS. SECTION 12 Section 42 of the Munic- ipal Code of the City of Evanston is hereby amended by adding thereto Article X, "Tag Days", said Article X to read as follows - "Article X, Tag Days. • "Section 42-140. The term 'Tag Day' is hereby defined to mean a day or group of consecutive days on which it shall be lawful for organizations to solicit funds upon the public ways of the city through the means of distributing emblems or selling devices or other merchandise, the possession of which emblem or device shall indicate those who have contributed to such organization, or through any other solicitation means. "Section 42-141. No organization, person or corporation (hereinafter for convenience referred to as organization) shall conduct a Tag Day within the corporate limits of the city without first securing a permit to conduct said Tag Day from the City Manager. "Section 42-142. Any organization desiring a permit to conduct a Tag Day shall make application, through a duly authorized representative, to the City Manager at least sixty days prior to the Tag Day date for which permission is requested. The application herein required shall contain the following information or, in lieu thereof, a statement satisfactory to the City Manager of the reason or reasons why such information or any item thereof is not furnisheds (a) A financial statement for the last preceding fiscal year showing the amount of money raised by the applicant organization for • charitable purposes, together with the cost of raising said money, and the final distri- bution thereof. 334 (b) A full statement of the general character and extent of the charitable work being done or to be done by the applicant organization, showing how much thereof is being done or is to be done within the City of Evanston. (c) A statement that the actual cost of the Tag Day will not exceed twenty-five (25) per cent of the total amount to be raised or, if the cost of solicitation is expected to exceed twenty- five (25) per cent, a statement of what the maximum cost is expected to be, together with a statement of any special facts tending to show why a cost higher than twenty-five (25) per cent is considered reasonable in the particular case. (d) A statement.to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the Tag Day by the City of Evanston or any officer or department thereof. (e) A statement that the applicant organization is tax exempt under the Internal Revenue Code of • the United States, and that contributions to said organization are allowable deductions for the donor under the Internal Revenue Code. (f) A statement to the effect that if the permit is granted, no person under the age of 16 will be permitted to solicit or collect money, except where the solicitation is for the bene- fit of a children's organization. (g) Such other information as may be reasonably ! required by the City Manager in order for him to determine the kind and character and method of the proposed Tag Day solicitation, when it will take place and for what period of time, and whether such solicitation is in the interest of, and not inimical to, the safety, convenience or welfare of the inhabitants of the City. If, while any application is pending, or during the term of any permit granted, there is any change in fact, policy or method that would alter the information given in the application, the applicant organization shall notify the City Manager in writing thereof within 24 hours after such change occurs or becomes known to the applicant organization. -2- 335 "Section 42-143. The City Manager shall examine all applications filed under Section 42-142 of this ordi- nance and shall make, or cause to be made, such further investigation of the application and the applicant organization as the City Manager shall deem necessary in order for him to perform his duties under this ordi- nance. Upon request by the City Manager, the applicant shall make available for inspection by the City Manager, or any person designated in writing by the City Manager as his representative for such purpose, all of the applicant's relevant books, records and papers at any reasonable time. "Section 42-144. The City Manager shall issue the permit provided for in Section 42-141 of this ordi- nance whenever he shall find the following facts to exist. - (a) That all of the statements made in the appli- cation are true. (b) That the applicant organization, its managing officers, and agents are of good character and have a good reputation for honesty and • integrity. (c) That the control and supervision of the solicitation will be under responsible and reliable persons. (d) That the applicant organization has not en- gaged and is not engaging in any fraudulent transactions or enterprises. (e) That the applicant organization is primarily a charitable organization and that the Tag Day solicitation is prompted solely by a desire to finance the charitable activities described in the application, and will not be conducted for private profit. (f) That the cost of raising funds will be reason- able. Any cost in excess of twenty-five (25) per cent of the amount collected shall be considered to be unreasonable unless special facts are presented showing to the satisfaction of the City Manager that peculiar reasons make a cost higher than twenty-five (25) per cent reasonable in the particular case. 0 -3- • (g) That the kind, character and method of the proposed Tag Day solicitation, the time when it will take place, and its duration are such that the solicitation will be in the interest of, and not inimical to, the safety, conven- ience or welfare of the inhabitants of the City. "Section 42-145. The City Ik^anager shall issue no per- mits for Tag Days to be conducted between September 1 and November 30 of any year, and he shall not permit any organization to conduct more than one Tag Day in the City during any calendar year. The City Manager shall limit the number of Tag Days to one per calendar month, and in the event he receives applications from more than one organization for the same month, he shall issue the permit to the organization that filed its application first, provided, that all standards in Section 42-144 are satisfied. "Section 42-146. Permits issued under this section should bear the name and address of the organization • to which the permit is issued, the ,late or dates on which the Tag Day is to be conducted, and a state- ment that the permit does not constitute an endorse- ment of the Tag Day by the City of Evanston or any of its officers or departments. All permits must be signed by the City 'Manager.. The City Manager may by permit grant the right to conduct a Tag Day on one or more consecutive business days in any calendar year, but solicitations shall commence no earlier than 7 A.M. and shall terminate no later than 9 P.M. on any of said days. "Section 42-147. Whenever it shall be shown or whenever the City Manager has reason to believe that any organization to which a Tag Day permit has been issued hasviolated any of the provisions of this ordinance or that any statements in its application have tended to misrepresent the purpose of the solic- itation, the City Manager shall immediately revoke the permit and shall notify the permit holder, in writing, within two (2) days of such revocation and the reasons therefor. 0 -4- 336 n LJ I • 337 "Section 42-148. Each organization granted permission to conduct a Tag Day under the provisions of this ordinance shall within sixty days (60) from and after the date of conducting such solicitation, file with the City Manager a statement showing the amount raised by the solicitation, the amount expended in collecting said funds, and the amounts disbursed or to be dis- bursed for each charitable purpose of the organization, sworn to as accurate before a duly authorized notary public.,, SECTION 2. Any organization, person or corporation violating the terms of this ordinance shall be fined not more than two hundred dollars ($200) for each such offense. SECTION 3; This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. INTRODUCED August 5 , 1963 ADOPTED August 12 , 1963 ATTEST- /s/ Maurice F. Brown City Clerk Approved as to Form? /s/ Jack M. Siegel Corporation Counsei APPROVED August 13 /s/ John D. Emery Mayor -5- , 1963 53-0-65 l' AN ORDINANCE Amending Section:2-35 of the Code of the City of Evanston, 1957, "Administration." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION le That Section 2-35 of the Code of the City of Evanston, 1957, as amended, be amended to read as follows: "In the event that the city manager is to be absent from the city for thirty calendar days or less, he shall appoint an acting city manager to perform the duties of the manager during such absence. In the case of the disability of the city manager or if he is to be absent from the city for more than thirty calendar days, the city council shall desig- nate a qualified administrative officer of the municipality to perform the duties of the city manager during such disability or absence." SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall.be in full force and effect from and after its passage and approval in the manner provided by law. ..r f INTRODUCED June 1 1965 ADOPTED i:.June 1 , 1965 ATTEST: /s/ Dean A. Porter Deputy City Clerk Approved as to form: /s/ Jack M. Sieeel Corporation Counsel -2- • APPROVED June 1 /s/ John D. Emery Mayor , 1965