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HomeMy WebLinkAboutOrd 5998 03/06/2012 Amending Chapter 11 - Solicitation Regarding Public Passenger VehiclesORDINANCE NO. 5998 AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING SOLICITATION REGARDING PUBLIC PASSENGER VEHICLES (TAXICABS AND LIVERY) Passed and approved by the President and Board of Trustees the 6 day of March, 2012 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7 t " day of March, 2012. ORDINANCE NO. 5998 AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", AND APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, REGARDING SOLICITATION BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Section 11.102 of Article I, entitled "PURPOSE AND DEFINITIONS ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended as follows: A. Delete the word "CANVASSER" and replace it with the word "CANVASSING," the text to remain. B. Delete the following definition and language in its entirety: REGISTERED SOLICITOR: Any person who has obtained a valid certificate of registration as hereinabove provided, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting. SECTION 2: Section 11.2819 of Article XXVIII, entitled "SOLICITORS; REGISTRATION ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be deleted in its entirety and replaced with the following: 11.2819 Solicitation in Violation of Sign It shall be unlawful for any person to engage in the business of "soliciting" or "canvassing," as defined in Article I of this Chapter, upon any premises within the corporate limits of the Village wherein an owner or occupant has posted a notice stating "SOLICITATION PROHIBITED" OR "NO SOLICITORS INVITED," as provided in Section 11.2821 of this Article. 282559_1 1 SECTION 3: Section 11.2821of Article XXVIII, entitled "NOTICE REGULATING SOLICITING ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended as follows: A. The following language shall be deleted from Subsection (A): ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITED and replaced with "NO SOLICITORS INVITED ". B. The last sentence of Subsection B shall be deleted, to be and read as follows: B. The letters shall be at least one -third inch (1/3 ") in height. SECTION 4: Subsection A of Section 11.2822 of Article XXVIII, entitled "DUTY OF SOLICITORS ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be deleted in its entirety and replaced it with the following: A. It shall be the duty of every solicitor when going onto any premises to first examine any notice posted as provided in Section 11.2821 of this Article, and to be governed by the statement contained on the notice. If the notice states "SOLICITATION PROHIBITED" or "NO SOLICITORS INVITED ", then the solicitor shall immediately, without further notice, leave the premises. SECTION 5: Section 11.2823 of Article XXVIII, entitled "APPLICATION FOR REGISTRATION ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended by deleting Section 11.2823 in its entirety, the remaining Sections to be renumbered numerically. 282559_1 2 SECTION 6: Section 11.2824 of Article XXVIII, entitled "INVESTIGATION AND ISSUANCE OF REGISTRATION CERTIFICATE ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended by deleting Section 11.2824 in its entirety, the remaining Sections to be renumbered numerically. SECTION 7: Section 11.2825, renumbered Section 11.2823, of Article XXVIII, entitled "LIMITATIONS ON SOLICITATION ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended by deleting the phrase "whether registered under this article or not," so that the renumbered Section 11.2823 shall read as follows: It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting prior to nine o'clock (9:00) A.M. of any weekday or Saturday, or after eight o'clock (8:00) P.M. on any weekday or Saturday during daylight- saving time, or prior to nine o'clock (9:00) A.M. of any weekday or Saturday or after six o'clock (6:00) P.M. of any weekday or Saturday during central standard time, or at any time on a Sunday or on a state or national holiday. SECTION 8: Section 11.2826 of Article XXVIII, entitled "REVOCATION OR DENIAL OF REGISTRATION ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended by deleting Section 11.2826 in its entirety, the remaining Sections to be renumbered numerically. SECTION 9: Appendix A, Division I, entitled "Bonds, Insurance, Salaries and Miscellaneous ", of the Mount Prospect Village Code shall be amended by deleting the following in its entirety: 282559_1 3 Section 11.2803: BOND (Solicitors): Bond: $1,000.00. SECTION 10: Appendix A, Division III, Penalties and Fines, of the Mount Prospect Village Code shall be amended by deleting the reference to "Section 11.2827" and replacing it with "Section 11.2825." SECTION 11: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit NAYS: None ABSENT: Wilks, Zadel PASSED and APPROVED this 6 day of March, 2012 J J. Ma zak a or Pro Tern ATTEST: M. Angell Village Clerk 2825591 4