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HomeMy WebLinkAboutOrd 2988 03/04/1980 RDINANCE NO. 2988 AN ORDINANCE REGULATING THE SOLICITATION OF CONTRIBUTIONS ON STREETS AND HIGHWAYS WITH- IN THE VILLAGE'~UNT PROSPECT WHEREAS, the Illinois General Assembly has amended Section 11- 1006 of the Illinois Vehicle Code, Ill. Rev. Stat., 1977 ch. 95-1/2 §11-1006, which amendment was effective on January 1, 1980 to allow municipalities to permit on-street solicitation for charitable contributions subject to specified conditions; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has determined that it would be in the best interest of the Village of Mount Prospect to allow such on- street solicitation of charitable contributions as are per- mitted by the Illinois Vehicle Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: Section 18.1006B of Chapter 18 (the Traffic Code of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by adding to said Section the language, "Except as may be provided otherwise in th-e Munici- pal Code of the Village of Mount Prospect," so that said Sec- tion shall hereafter be and read as follows: Bo Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect, outside a business or residence district, no person shall stand on or in the proximity of a roadway for the purpose o~ soliciting employment, business or contributions from the occupant of any vehicle. SECTION TWO: Section 18.1007A of Chapter 18 [the Traffic Code} of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by adding to said Section the language, "Except as may be provided otherwise in the Munici- pal Code of the Village of Mount Prospect," so that said Sec- tzon shall-hereafter be and read as follows: no Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect, where a side- walk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk a~.ong and upon an adjacent roadway. ~ SECTION THREE: Section 18.10~7B of Chapter 18 (the Traffic Code) of the Municipal Code of the-Village of Mount Prospect.be and the same is hereby, amended by adding to said Section the language, "Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect," so tha~ said Section shall hereafter be and read as follows: - 2 Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect, where a side- walk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway. ~ECTION FOUR: Section !8.1007C of Chapter 18 (the Traffic Code) of ~he Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by adding to said Section the language, "Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect," so that said Section shall hereafter be and read as follows: Except as may be provided otherwise in the Municipal Code of the Village of Mount Prospect, where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of a roadway, and, if on a two (2) way roadway, shall walk only on the left side of the roadway. ~ECTION FIVE: Article III of Chapter 2~ of the Municipal Code Df the Village of Mount Prospect be, and the same is hereby, ~eleted in its entirety, and a new ArticleH! containing the following language shall be substituted therefor, so that said new Article III shall hereafter be and read as follows: 3 - ARTICLE II! TAG DAYS Sec. 24.301 Sec. 24.302 Sec. 24.303 Sec. 24.304 Sec. 24.305 Sec. 24.306 Sec. 24.307 Sec. 24.308 Permit Required Solicitation on Streets and Highways Application Issuance or Denial of Permit Suspension or Revocation of Permit Appeals Severabi!ity Penalty Sec. 24.301 Permit Required. It shall be unlawful for any person, firm or corporation to solicit contributions o2 sub- scriptions for charitable, religious, educational or other simi- lar purposes without first obtaining a permit therefor as herein provided. Sec. 24.302 Solicitation on Streets and Highways. Subject to the provisions of Section 23.1501, anY Charitable organiza- tion registered with the Attorney General in the manner provided by law may stand upon the streets or highways within the Village of Mount Prospect at any intersection where all traffic is required to come to a full stop for the purpose of soliciting contributions from the occupants Of any vehicle as part of a Statewide fund raising activity. The charitable organization shall be liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agency. Any person engaged in the act of solicitation shall be at least sixteen (16) years of age and shall wear a high visibility vest. Sec. 24.303 Application. A written application verified under oath for a tag day permit shall be filed with the Vi!-~ lage Clerk at least fourteen (14) days prior to the date solici- tation is to commence. Such application shall contain the fol- lowing information: A. Name of applicant and name of organization of which the permit is sought. B. Residence and business address and telephone number of applicant. C. The day(s) and date(s) for which a tag day permit is sought.~ statement as to whether the organization has been granted in the past such a permit from the Village; if none, then a statement as to permits granted by other municipalities in Illinois within the preceding two (2) year period; if no permits have been granted in Illinois in the two (~2) year period preceding the application then a statement as to permits granted by any state, other municipality, governing body or licensing authority. Also, 1. A list of such permits or licenses; 2. A statement of the date, place and by whom issued; and 3. A statement as to whether any such authority has ever revoked or refused to issue or renew such a permit or license either to the applicant or to the organization he represents and an accurate statement as to the reasons for any such revoca- tion or refusal. A statement as to whether the applicant or the organiza- tion seeking such a permit has ever been convicted of a violation of any law; and, if so,' the nature of the offense and the punishment or penalty assessed there- for. If the applicant wishes to solicit on streets and high- ways within the Village, the applicant shall, in addi- tion, provide the following: Proof that the organization is registered with the attorney general; A statement of the Statewide fund raising activity of which the local solicitation effort is a part~ A certificate of insurance showing whether the organization is insured against any claims for injuries or damage to property which is causally related to an act of ordinary negligence of the soliciting agent acting on behalf of the organiza- tion; 4. The location or locations at which approval to solicit is being sought; . The times of days at which such solicitation is proposed to take place; 6. The number of persons proposed to solicit at each location. Sec. 24.304 Issuance or Denial of Permit. Upon receipt of a fully completed application, the Village Clerk shall forward such application to the Village Manager, who shall, within seven ~7) days after the date said application is received, approve or disapprove the issuance of a permit and shall notify the applicant in writing of the decision within two (2) days thereafter. The Village Manager may refuse to issue such a permit based upon any one or more of the following: A. That the applicant is not an individual of good moral character and business responsibility; or That the application of the applicant contains any false, fraudulent or misleading material statement; or That the applicant has made any ~a!se, fraudulent or misleading statement in the course of soliciting in the Village; or Do That the applicant has violated any of the Statutes of the State of Illinois or ordinances of the Village; or That the applicant or any member or agent of the organization holding such a permit has solicited in any unlawful manner or in such a manner as to consti- tute a breach of the peace or a menace to the health, safety or general welfare of the public; or F. That the applicant does not satisfy the requirements of this Article; or G. That other matters specified by the Village Manager render the applicant unfit. Sec. 24.$0§. Suspension or Revocation of Permit. The Village Manager, after affording a permit holder the opportunity to be heard, may suspend or revoke a tag day permit based upon any one Or more of the standards set forth in Section 23.1504. The Village Manager shall mail written notice of such suspension or revocation to the permit holder within two (2) days after the date of the decision. ec. 24.306 Appeals. Any applicant or permit holder aggrieved by the action of the Village Manager in refusing to issue such permit or in suspending or revoking any such permit already issued shall have the right to appeal to the President and Board of Trustees of the Village. Ce De Such appeal shall be taken by filing a written state- ment setting forth fully the grounds of appeal with the Village Clerk within ten (10) days after notice of the action complained of has been mailed by the Village Manager to such individual's last known address. The President and Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in writing at his last known address at least (5) days prior to the date set for hearing. The appellant shall have the right to be represented at such hearing by counsel. The decision and order of the President and Board of Trustees on such appeal shall be final and conclusive. Sec. 24.307. Severability. If any provision or part thereof of this Article is declared invalid and of no further force and effect, the other provisions of this Article shall remain in full force and effect. Sec. 24.~08 Penalty. Any person violating any provision of this Article shall be fined .not less than one dollar ($1.00) nor more than one hundred dollars ~$100.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (1957 Code, 24.303) ECTION SIX: This Ordinance shall be in full force and effect ~rom and after its passage, approval and publication in the anner provided by law. assed this 4th. day of March 1980 lYES: Farley, Floros, Miller, Wattenberg ~AYS: None ~BSENT: Murauskis, Richardson lpproved this 4th. day of March , 1980. Approved: Vitlag~ President ~ttest: