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HomeMy WebLinkAboutOrd 3404 03/06/1984ORDINANCE NO. q4~4 AN ORDINANCE TO AMEND ARTICLE III ENTITLED "TRESPASS" OF CHAPTER 23 of THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 6th DAY OF ~, 1984. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the 9th day of MARCH , 1984. 1102R ORDINANCE NO. 3404 AN ORDINANCE TO AMEND ARTICLE III ENTITLED "TRESPASS" OF CHAPTER 23 of THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Article III entitled "Trespass" of Chapter ~3 of the Village Code of Mount Prospect, Illinois (1981) is hereby amended by rescinding said Article III in its entirety and by substi%uting therefor a new Article III to read as follows: "ARTICLE III TRESPASS SECTION: 23.301 23.302 23.303 23.303.1 23.303.2 23.303.3 23.303.4 23.304 Trespass Prohibited. Specifically Enumerated Trespasses. Soliciting. Village Policy on Soliciting. Notice Regulating Soliciting. Duty of Solicitors Uninvited Soliciting Prohibited Penalty Sec. 23.301. Trespasses Prohibited. It shall be unlawful for any person to commit a trespass within this Municipality upon either public or private property. Sec. 23.302. Specifically Enumerated Trespasses. Without constituting any limitation upon the provisions of Section 23.301 above, any of the following acts by any person shall be deemed included among those that constitute trespasses in viola- tion of the provisions of said Section 23.301, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of the Article, the afore- said enumerated acts so included, being as follows: ae An entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance of said premises or at any point of approach or entry or in viola- tion of any notice, warning, or protest given orally or in writing, by any owner or occupant thereof; or The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in viola- tion of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning, or protest given orally or in writing by any owner or occupant thereof; or Ce A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; or De the operation of a mini-bike, go-cart or snowmobile in the following places: On private property of another, whether or not open to the public, without the express consent of the owner or lessee, or other person in control. 2e On public school grounds, park property, playgrounds, sidewalks, recreational areas, streets, public rights- of-way, and/or other public property without the express provision or consent by the proper public authority; and 3. On or across railroad right-of-way. An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right. Any entry upon the premises, or any part thereof, of another, including any public property, during which entry any such property is defaced, broken, injured or destroyed without the consen~ of the owner thereof. Sec. 23.303. Soliciting. Sec. 23.303.1. Village Policy on Soliciting. It is hereby declared to be the policy of the governing body of the Village that the occupant or occupants of the buildings in this Village shall make the determination of whether solicitors or canvassers as defined in Article I of Chapter 11 of this Code shall be, or shall not be, invited to their respective buildings. Sec. 23.303.2. Notice Regulating Soliciting. Every owner or occupant desiring to restrict or prohibit solicitors or canvassers and to secure the protection intended to be provided by the regula- tions pertaining to soliciting contained in this Article, shall give notice of such determination by the owner or an occupant of giving a restricted invitation to solicitors, or of the refusal of invitation to solicitors, to any buildings, in the following means: ae A weatherproof card, no larger than three inches by four inches (3" x 4") in size, shall be exhibited upon or near the main entrance door to the building, indicating the determination by the owner or an occupant, containing the applicable words, as follows: "ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITED" or "NO SOLICITORS INVITED" Be The letters shall be at least one-third inch (1/3") in height. For the purpose of uniformity the cards shall be provided by the Finance Director to persons requesting the same, at the cost thereof. Ce Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the owner or occupant of the building of the information contained thereon. Sec. 23.303.3. Duty of Solicitors. It shall be the duty of every solicitor upon going onto any premises in th~ Village upon which a building as herein defined is located to first examine the notice provided for in Section 23.303.2 of this Article, if any is attached, and be governed by the statement contained on the notice. - 2 - f the notice ~%~§ "ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITED", then the solicitor must obtain a certificate of registra- tion as provided in Article XXVIII of Chapter 11 of this Code, and a solicitor not possessing a valid certificate of registration as therein provided shall immediately and peacefully depart from the premises. If the notice states "NO SOLICITORS INVITED", then the solicitor, whether registered or not, shall immediately and peacefully leave the premises. Be Any solicitor who has gained entrance to any building, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. Sec. 23.303.4. Unvited Soliciting Prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such building, for the purpose of securing an audience with the occupant thereof and engage in solicit- ing as herein defined, in defiance of the notice exhibited at the building or oral notice given in accordance with the provisions of this Article. Sec. 23.304. Penalty. Every person convicted of a violation of any provision of this Article, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($..500.00)." SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in accordance with law. PASSED and APPRO~q~D this 6th day o'f March · 1984. AYES: Arthur, Farley, Floros, NAYS: Van Geem, Wattenberg ABSENT: None ATTEST: Village Clerk Murauskis Village ]~resident - 3 -