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HomeMy WebLinkAboutOrd 6052 02/05/2013 Amending Chapter 23 Regarding Solicitation of Charitable Contributions by Public Safety EmployeesORDINANCE NO. 6052 AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING THE SOLICITATION OF CHARITABLE CONTRIBUTIONS BY PUBLIC SAFETY EMPLOYEES WHEREAS, Section 11 -1006 of the Illinois Vehicle Code (the "Code "), 625 ILCS 5/11 -1006 ( "Section 11- 1006 "), prohibits a person from standing on a highway for the purpose of soliciting rides, employment or business from the occupant of any vehicle, and from soliciting contributions from the occupant of any vehicle, except within a municipality which expressly permits the soliciting of contributions by charitable organizations through a municipal ordinance; and WHEREAS, the Village of Mount Prospect (the "Village ") adopted Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Mount Prospect Village Code ( "Article XV "), pursuant to Section 11 -1006 and its home rule powers, to permit the soliciting of contributions on streets and highways by charitable organizations; and WHEREAS, the Illinois legislature thereafter adopted Public Act 97 -0692, effective June 15, 2012, which requires that municipalities, including home rule municipalities, permit charitable organizations to solicit for charitable purposes, including solicitation on public roadways, when conducted by a local agency's law enforcement personnel, firefighters and employees, who are employed to protect the public safety, in accordance with the requirements of that Act, which requirements are less restrictive than those set forth in Article XV; and WHEREAS, the President and Members of the Village Board find that the safety of solicitors and motorists requires that such solicitation on public roadways be conducted while wearing a highly reflective vest and at certain signalized intersections due to the hazards associated with soliciting vehicles, especially at locations not controlled by traffic control signals, and therefore have determined that Article XV of the Village Code shall be amended to permit such solicitation activity within the Village subject to those requirements. NOW THEREFORE, 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: A new Section 23.1505, "Solicitation by Public Safety Employees ", shall be inserted in Article XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code, the remaining Section to be renumbered numerically, to be and read as follows: Section 23.1505, "Solicitation by Public Safety Employees" A. Definitions for purpose of this Section. 1. "Charitable organization" means an organization or institution organized and operated to benefit an indefinite number of the public, as defined in Section 2 of the Charitable Games Act, 230 ILCS 30/2. 2. "Local agency" means a municipality, county, special district, fire district, joint powers of authority, or other political subdivision of the state of Illinois. 3. "Public safety employees" means the law enforcement personnel, firefighters and other persons employed by a local agency to protect the public safety. 301015_1 B. Eligible Organization. Notwithstanding any other requirement in this Article, an organization may solicit on municipal property within the Village, including on public streets and highways, if the following requirements are met. 1. The organization must be a charitable organization soliciting for a charitable purpose. 2. The persons conducting the solicitation must only be public safety employees, and the Village of Mount Prospect must be within the service area of the local agency employing those public safety employees. 3. The organization must be able to furnish a certificate of liability insurance, as required in Subsection 23.1502(F) of this Article. 4. Solicitation in any street or highway must be conducted while wearing a high visibility vest and only at the intersections described in Section 23.1501 of this Article. 5. A completed application has been submitted and a permit has been issued. C. Application. 1. A written application, verified under oath, shall include the following information: a. Name, address and telephone number of the applicant and organization for which the permit is sought, b. A statement that the organization is a charitable organization, as defined in Subsection 12.1505(A), and the identity of the indefinite number of the public benefited by the charitable organization, c. A statement describing the charitable purpose for the solicitation, d. A statement that the solicitation will only be conducted by public safety employees, identifying the local agency employing the public safety employees and confirming that the Village of Mount Prospect is within the service area of the local agency, e. The days and times of solicitation, f. The location(s) of solicitation, g. The manner and condition of solicitation, and h. Proof of liability insurance policy, as required in Subsection 23.1502(F) of this Article. D. Permit Required. 1. An organization, eligible to conduct solicitation activities under this Section, shall submit an application for a permit with the village clerk at least 10 business days before the solicitation. 301015_1 2. The village clerk shall review the application for compliance with the eligibility and application requirements of this Section and approve or deny the permit within five (5) business days after its filing. 3. Reasonable restrictions may be included on the permit at the request of the chief of police if based upon articulated public safety concerns. SECTION 2: Appendix A, Division 1, "Bonds, Salaries, Insurance and Miscellaneous ", of the Village Code, shall be amended by deleting the phrase "Section 23.1505" and replacing it with the phrase "Section 23.1506 ", to be and read as follows: Section 23.1506: PENALTY (Solicitation On Streets): SECTION 3: 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, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 5th day of February, 2013. Irvana K. Wilks Mayor ATTEST: MLisa Angell Village Clerk minis 1