HomeMy WebLinkAbout2327_001COM 1ITTEE OF THE WHOLE
A G E N D A
Meeting Location: Meeting Date and Time:
Board Room, 2nd Floor Tuesday, December 13, 1983
112 East Northwest Highway :7:3o p.m.
I. CALL TO ORDER - ROLL CALL
II. ACCEPTANCE OF MINUTES OF NOVEMBER 22, 1983
III. CITIZENS TO BE HEARD
IV. MUNICIPAL ENERGY PROGRAM
Vari ous news., sources predict that -en-
• .. within the`,`n'ext- decade. These kinds of utility
cost increases will have a severe,demand on individual
budgets and divert household income from purchasing
other I goods and services. The City of Evanston has
implemented a local energy conservation and awareness
program making in -roads towards controllingthese
future', expenses. With a moderate local expenditure of
approximately $15,G00 per year, the Village could
be , come a, faci*lita,tor bringl i �ng together existing
infotmatio nk and agencle's specializ ing in energy conserva-
ti,on, and home,, improvements.
The Village could, sponsor energy workshops utilizing
resources -that exist with Commonwealth Edison, Northern
Illinois Gas and the Illinois Department of Energy
and Natural Resources. The program, properly designed
and monitored, will be able to measure within a relatively
short period of time, one to two years, the results of
our local efforts.
If the Mayor and Board of Trustees agree to proceed in
policy with such a program, it would be the Manager's
intention to-utillize-Community Development Block Grant
funds to the maximum extent feasible. - -I ''would- expect
that a program can, be operational through part-time
personnel working ten to twenty hours per week.
V. ADVISORY REFERENDUM
Representative Daniel Pierce of Highland Park has submitted
to Springfield House Bill 1736 commonly called the
Taxpayers' Relief Act. The Act, if it becomes law, would
amend the State Income Tax Code in the area of dividends
received 'by corporate taxpayers from foreign corporations
and establishes a Unitary Tax system for foreign corpora-
tions.
The Coalition for 'Political Honesty is requesting that
local governments support this Bill on the grounds that
it will - reduce utility taxes on consumers and provide
additional revenues to local governments. The Coalition--
is also requesting that each local government pass an
Ordinance calling for an Advisory Referendum to be held on
March 20 during the 1984 Primary. Information on this
has been distributed previously.
I MULTIPLE OFFENDER. AND SOLICITATION ORDINANCES
Attached are memos from . Chiu Pavlock re arding the
Village's computer program to identify multile offenders
and his analysis of an Ordinance to allow the Police
Department to i ound a veh/cle "in place for multiple
offenses. The actual Ordinance is now being, drafted by
our attorneys. Out of approximately 1900 delinquent
parking tickets, we have approxi, m 'ately 1105u tiple
violators with three or more outs tan iAg tickets.
Also attached-to the ...Agenda is . a memo__ from Chiu Pavlock
identifying critical items associated with our regulation
of solicitors and temporary peddlers. Chief Pavlock
will be available at the meeting to discuss the issues
with you. Drafts of Ordinances have been submitted to
our attorneys for their review and finalization.
VII. MANAGER'S REPORT
1. water Agency:
2. Plumbing Inspector Agreement.
3. Central Dispatch Financing System.
XIII.ANY OTHER. BUSINESS
IX. ADJOURNMENT
DEFERRED ITEMS
Development Cade Update
Sidewalks/Lawsuit Notice
Citizens Utilities Acquisition
Safety Bonus system
Ln O1
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: Terrance L. Burghard, Village Manager
FROM: Michael Janonis, Landlord/Tenant Coordinator
RE: Energy Program
DATE: December 9, 1983
Per your request I have conducted a feasibility study regarding a Mount Prospect
sponsored Energy Conservation Program. An effective program, targeting the
approximately 11,716 single-family homes in the Village, would include a public
awareness campaign; home energy audit drive; information clearinghouse; local
business discount program and the existing Village weatherization program. Such
a program would cost $13,300*. A breakdown of that total includes:
- Addition of one part-time person to develop a program $10,000
- Cost of acquiring quantities of conservation publications 300
.(many are free)
- Cost of mailing 1,000
- Cost of a Public Awareness Campaign 2s000
- Cost of support staff (secretary) in, kind current
personnel
The need for a conservation program stems from projections that the cost of the
three major residential energy sources: Natural gas-, electricity and gas-oline,
will at least triple during the 1980's. Current consumption data supplied by
Commonwealth Edison and Northern Illinois Gas shows that the average electric
and gas bills for. -a. -residential consumer -i -n 1982-- 1983 were $630 and $950 -
respectively. If costs triple as projected, the average Mount Prospect homeowner
can expect annual electric bills of $1,900 and gas bills of $2,850 by 1990 (see
1 and 2 appendix). Average gasolin'.e consumption levels are expected to increase
dramatically as well
Single-family homeowners in Mount Prospect are, with few exceptions, totally-
depen-dent on utility -companies for their energy needs: Heating, cooling, cooking,
lighting and appliances, As such, they are more vulunerable to price increases
tVvan other groups (industrial and commercial) because they cannot pass on the
increased costs, or switch to cheaper energy sources as easily as other sectors
can.
Terrance L. Burg,
December 9, 1983
Page - 2 -
The Village of Mount Prospect can assume a leadership�rolO in encouraging
investment now in energy efficiency by providing the necessary staff resources
to develop an educational program that would provide homeowners with enough
information to motivate them to take individual conservation actions.
The benefits derived from a conservation program appear to be substantial.
They include:
- The cost of a program, $11,300 or approximately $.88-. per single-family
household, is minimal compared to the potential benefit. (See Investing
in Water Conservation Appendix 3)
--Money not spent on energy can be used to pump -up the local economy. An
Evanston study estimates that for energy purchases, only $.15 out of
every dollar stays in the community, whereas $.40 out of every dollar spent
for non -energy purchase remains in the community.
- There are numerous government agencies and private groups who have indicated
that they would be willing to assist Mount Prospect.
- The rate of return on investment for individual home owners seems to be
high (up to 50%) while the initial capital outlay, on average appears to
be small ($500 on avg). See Appendix 4.
Any Village sponsored Conservation Program should include as its core elements the
following:
An aggressive Public Awareness Campaign,, Data and basic information already
in existence, and data concerning MountProspectenergy consumption levels
would be used to show that energy efficiency is economically attractive.
2) Active Promotion of Home ELer2ZAudits . For $15 the Illinois Energy Audit
Association (IEAA), will conduct a Class I audit of a home. The audit
includes an on -the -spot computer printout listing specific recommendations
for energy conservation improvements. A promotional campaign might include
a Board resolution proclaiming an Energy Audit Month in Mount Prospect,
and.the active participation of Village Officials in the audit program.
3) Establishment of, an Information Clearl Dghouse. - Consisting mostly of free
publications and other related materials including how-to mannuels,
technical and product information, surveys and forecasts. These materials
could be made available at the library, Senior Center, Village Hall and
local businesses.
4) Merchant/Contractor Discount Pro ram. A program whereby local merchants
and contractors give Village residents discounts on materials and services
used in making efficiency improvements as the result of an energy audit.
Terrance L. lBu" 4d
December 9, 19,L,
Page - 3 -
5) Aggressively Promote the Existing Mount Prospect Weatherization Pro ram.
This would give lower income homeowners a chance to participate in
the conservation program, currently sponsored by the Community
Development Block Grant.
Targets and performance indicators would also be established as a' means of
measuring the degree of program success. Performance indicators would include
participation and user levels. Targets can be set for getting the total single
family housing stock audited over a given time period. An unsponsored IEAA
promotional campaign offering the audits to Mount Prospect residents -earlier this
year resulted in a 5.'6% request rate (735 reponses out of 13,000 mailings). As
the program expands it would be possible to conduct post -audit surveys as to
efficiency measures taken, savings realized, etc. This information could then
be used as further evidence that conservation is cost-effective.
The need and potential effectiveness of a conservation program is underscored by
Ni -Gas statistics showing that even without a formalized conservation program,
company wide avg. therm usage for heat dropped from 2068 therms in 1972 to 1647
therms in 1982. Unfortunately there here was no corresponding drop in the size of
gas bills. Any additional savings that can be realized will come from adopting
even greater efficiency measures.
The above outlined program can be implemented within weeks of its approval by the
Village Board. Larger reductions in consumption levels for Mount Prospect can
be expected as greater efficiency measures are implemented. A Village sponsored
Conservation Program will hasten those reductions by making it easier for residents
to conserve. I
Ik k h.J L ki I LU Fj 14 J'j lk t 4 1 kj U t'.j I 114UKLAMIj 1,01( INDIVIDUAL IWU51-'IIOLD�
Although each household is unique, a useful way to personalize the irpact
of rising energy prices is to examine the energy budget of a tvpical
st
is for
t triple
spending
1980 1985 1990 1980 1985 1990 1980 1985 1990
NATURAL GAS ELECTRICITY GASOLINE
DATA ESTIMATES DATA ESTTMATPR nAPrA V0FrT%1A?rV0
Revised Projected Energy Cost
Increaes based on data supplied by
Northern Illinois Gas and Commonwealth Edison
$30000
( 1983 )
_$2,850
500
$29000
e-
$1,892
=E
_ tj
$1,500
$15000
3 F
fit
$500
3z, _.3
$.06 3 _ r
11W Yk
i f�
—_�io
NJ
¢ � : kv— a
s.
.......... -.
1983 199t}
18 990
Natural Gas
Electricity
Data Estimates
Data Estimates
INVESTING IN WATER CONSERVATION
Significant opportunities to save on energy, water, and sewage bills
are available to the typical homeowner. Three simple ways to save water are:
check for leaks, develop water -saving habits, and* install water -saving devices.
An investment of $300 can easily return $60 per year.
Water leakage is usually due to worn-out faucet washers and faulty toilet
tank valves. A simple way to check for a toilet leak is to TeMoAre the tank
cover and place food coloring, in the 'tank, preferably at a time when the toilet
i
will be unused for several hours. If the color seeps into the bowl, the flush
'ball probably needs - to b -6 -replaced. A new flush ball can be purchased for about
,$2.
Faucet restTictors,, low flow shower beads, and toilet displacement -dams
are inexpensive, but effective devices for conserving water. An alternative
to the toilet displacement dam is a plastic soap 'bottle filled with water placed
in the toilet tank to displace 'water. A toilet displacement dam can be purchased
for about $10.. A low flow shower head costs between $10 and $15.
IMTSMENT AJNALYSIS CfLkRT
The following analysis is based on a water usage rate of 2555 cubic feet
4>
per household during a 3 month period. Costs and savings are based on current
rates for natural gas, water, and sewage in the City of Evanston.
Quarterly Quarterly
# Costs Savings
Water Charges $16.78 $4.56
Sewage Charges $ 7.92 $2.83
Energy Charges for
Heating Water $29.50 $; , 4 3
$54.20 -$;15. 8_ 2
Annual Figures $216.80 $63.28
Device Costs
TolIet Displacement Dam $10.00
Low Flow Shower Hea'd $15.00
Faucet Restrictors $ 5.00
Total Costs $30.0!
$60.00 = 200%
Annual Return on Investment $30.00
AMAk", fo,
ESTIMATED COSTS AND BENEFITS OF 24
SELECTED ENERGY CONSERVATION IMPROVEMEUT;.
TO A SINGLE FAMILY HOME
(All calculations are based on an annual gas bill of $700.00)
Approximate
Measure Payback (years) ma 16=
Cost
1. Caulk top of windows shut 1 50t/window for materials
(owner installed)
2. Install a flow restricted 1 $10-$20 for materials
showerhead (owner installed)
3. Install an airtight fireplace 1 $5-$10 for- materials
flue cover (owner installed)
4. Tape duct work joints to fix $5-$10 for materials
air leaks
(owner installed)
5. Block attic insulation warm 1 $15 for materials
air bypasses (owner installed)
6. Reduce the hot water temperature Instant None
to 10 %il- at the tap
7. Derate Burner
8. Install reflective materials
behind radiators located along
perimeter walls
9. 1 ns ta I I a n i ght setback thermostat
10. Caulk cracks and joints around win-
dow and door frames, structural
cracks, and' other openings within
the heated enclosure perimeter.
11. Install water heater tank insulation
4("1 2 . Insulate hot water pipe runs in
unheated spaces.
13. Clean, service, and adjust the
furnace
14. Install at+4-% -insulation where
4*
none exists
15. Install insulation in floors above
unheated basements or crawl spaces
$50- (contractor call)
50d/radiator (owner installed)
$90 (contractor installed)
1-2
2 $15 for materials
(owner installed)
2
6Wfoot for materials
(owner installed)
2 $75 (contractor installed)
2 3Wsq.ft. for materials
(owner installed)
2 30C/sq.ft. for materials
(owner installed}
-over-
Estimated
Cost
$150 (contractor installed)
$100 (contractor installed)
$30 for materials
(owner installed)
304:/sq.ft. (owner installed)
$50 (contractor call)
$3/sq.ft. for materials
(Owner assembled and Installed)
$35/door (contractor installed)
$60 (contractor Installed)
$360 (contractor installed)
Approximate
Measure
-Payback (xsa rs)
16.
Install an outdoor temperature
2
reset control
17.
Install a modulating gas valve
2
18.
Install an outdoor combustion
air intake
2
.9.1
1.9.
-
-Insulate interior crawl space
walls and sill
area of basements
2-3
20.
Balance the air distribution
3
system
21.
Install Interior insulating
4
shades
22.
Weatherstrip doors
4
23.
Install a thermally actuated
4
water heater damper
24.
Install a flue damper and
4
electronic ignition
Estimated
Cost
$150 (contractor installed)
$100 (contractor installed)
$30 for materials
(owner installed)
304:/sq.ft. (owner installed)
$50 (contractor call)
$3/sq.ft. for materials
(Owner assembled and Installed)
$35/door (contractor installed)
$60 (contractor Installed)
$360 (contractor installed)
Village of Mount Prospect
Mount Prospect, Illinois
0, oarwmt mo*vhl
INTEROFFICE MEMORANDUM
TO: TERRANCE L. BURGHARD, VILLAGE MANAGER
FROM: RONALD W. PAVLOCK, CHIEF OF POLICE
SUBJECT: COMPUTERIZED PARKING TICKET PROGRAM/WHEEL LOCK
ORDINANCE IMPLEMENTATION
DATE: NOVEMBER 22, 1983
In August, 1983 the Village Board directed my office to research the
possibility of the implementation of -a wheel lock -ordinance. The
Village Board was informed that we needed to activate an updated
computerized parking ticket program before wheel locks could be used.
Under your direction Management Services and Po,lice*Department staff
have researched and made various changes in the Village computer
program to allow for information as to multiple parking ticket
offenders.
The previous computer program only allowed for an automatic notification
of delinquent parking ticket violators and for the automatic activation
of Judgement procedures. Through the assistance of Management Services
the Police Department can now accumulate 'through the computer multiple
delinquent, offenders and relay this information to our parking
enforcement o,ffl'cern (Communlity Service Officers). Therefore, it is
the Police Department's recommendation that at the December 13, 1983
Committee of the Whole meeting we discuss the possible implementation of a
wheel lock ordinance (The Boot).
It should be noted that there are still many hours of work needed to
totally refine the, parking ticket computer program, but communities
have found that the publicity surrounding a wheel heel lock ordinance has
greatly increased parking ticket, paynient compliance. I have attached
the Mount Prospect Police Department parking ticket procedures and
included the new addition implemented by Management Services to allow
for the identification of multiple ticket offenders.- I have also
attached a vehicle wheel lock summary previously reviewed by the Board
with the notation that we are well on the way to an update in our
computer program. The ordinance for vehicle wheel locks, or tow in
place, is presently under review by our Village Attorney and Village
Prosecutor.
kbn W. Pavlock
Chief of Police
RWP:jh
Attchs.
PARKING TICKET PROCEDURES
MOUNT PROSPECT PRESENT PROCEDURES
1. Citation is written by officer.
2. Delinquent notice generated after (15) days if not paid.
a. Multiple offender listing by name and license plate.
3. Court notification made and citations set for court, after
approximately three to four weeks.
a. Multiple listing of multiple offender by name and license
plate number. Possible within present computer programming
and request made for this. Should be available shortly.
4. Judgement taken on all single tickets and warrants obtained for
multiple offenders who have (3) or more tickets.
5. Judgement notice sent that judgement has been taken and matter
can be settled in Niles with Court Clerk.
ADDITION TO MOUNT PROSPECT PROGRAM/PROCEDURES
1. Auxiliary Service Officer receives notification Of multiple
parking ticket offenders in the following manner:
a. From delinquent notice listing.
b. From records clerk who is aware that individual has multiple
tickets in system and tracks down these tickets.
2. Upon notification of multiple ticket offenders the Auxiliary
Service Officer attempts to make phone contact directly with
the offender and have a settlement made for all citations.
3. If the above procedures fail, implementation of a wheel lock
device will then be activated.
VEHICLE WHEEL LOCK SUMMARY
COST FACTORS/AVAILABILITY OF VEHICLE WHEEL LOCKS
A. Vehicle Wheel locks cost $ 300.00 per unit.
B. The original company that sold vehicle wheel locks is no longer
in business, but these types of devices are available at present
from Hersey Products located in Elk Grove Village.
C. The vehicle wheel lock available from Hersey Products is an
improved device, which is much more difficult to defeat than the
original vehicle wheel lock device-.
CURRENT USE BY POLICE AGENCIES OF VEHICLE'WHEEL LOCKS
A. Vehicle wheel locks are used by several different police agencies
both within the State of Illinois and outside of the State. The
nearest community to Mount Prospect that has used a vehicle wheel
lock device is the Palatine Police Department.
1. Palatine began to use vehicle wheel locks for multiple parking
offenders for several reasons in addition to for-cing an indivi-
dual who has multiple parking tickets to pay the fines. These
are:
a. The attention obtained by the use of this device has
i,
increased compliance with -the parking regulations within
their commuter lots and downtown areas.
b. There has been a reduction in ' the non -paid tickets, since
the attention of using the wheel lock has apparently increased
the willingness of individuals to pay parking tickets rather
than chance having the wheel lock device applied to their cars.
2. At the present time, the Palatine Police Department considers
the use of vehicle wheel locks as a successful technique for
use by their department.
I
LEGAL PROBLEMS
A. By using their home rule powers, the Village of Palatine passed -a
local ordinance granting authority to the police department to
IMPOUND A VEHICLE IN PLACE.- -'This permits the police department to
use the vehicle wheel lock device, and eliminates many of the problems
involved in the towing of the vehicle; however, the police department
is also provided the option of towing the vehicle depending on the
circumstances. For example, using vehicle wheel locks in commuter
lots and downtown parking areas which are usually public property
avoids certain legal problems that may arise in'using this device
in the parking lots of apartment complexes which are to some extent
private property. 11
1. At the present time, there is no legal authority that permits
impounding of a vehicle in place.
lr
L
2. The above is applicable to the towing of a vehic-Le for multiple
parking violations, both need some basis of authority, which is
the reason for a municipal ordinance.
3. The Palatine Ordinance apparently permits several alternatives
legally after a vehicle wheel lock device has been applied.
a. The individual can pay the overdue citations.
b.- Post a cash 'bond in the amount indicated on the
impoundment authorization (special form used by
Palatine Police Department).
c. Execute a personal recognizance bond (release on
signature - no cash bond, reiease the vehicle, and
schedule all tickets for court.'
4. The Palatine Police Department is apparently using a summons
and an arrest warrant. in both instances, a *court appearance
is required. -InAmstances where an arrest warrant is used,
the individual cannot pay the overdue citations but must appear
in court. In the case of a summons pre -payment prior to court
is allowed.
5. Palatine Police Department has found that it is more feasible
to tow vehicles which have multiple parking tickets if the
vehicle is located in a semi -private parking lot,, i.e., apart-
ment complexes and so forth.
6. While Palatine P.D. does use the summons method, their
recommendation is to obtain a warrant for the individual,
since by using a warrant, the *Individual can be entered into
the LEADS computer system, and the possibility of apprehension
is greater.
IV. PRESENT MOUNT PROSPECT PARKING TICKET PROCEDURES
A. The vehicle is cited -with the hang -on P -Ticket.
B. The vehicle owner has ten (10) days to pay the P -Ticket fine.
C. A Computer run is made for all tickets which have not been paid
and a delinquent notice is mailed to the address of record of
the registered owner of the vehicle.
D. If the delinquent notice is not acted upon (fine paid) a second
computer run is made again requesting those tickets which
have not been paid. This produces the 11 -sting for court assignment.
E. A notice is sent to the registered owner of the court date and time.
F. When the P -Ticket is brought before the court two alternatives are
used by the department.
1 - On multiple offenders a warrant is issued for court appearance.
2 Single parking tickets, the court takes judgement in the
amount of $100-00. A court judgement places a civil lien
against the individuals credit rating which cannot be lifted
until settlement is made.
G. Upon return of the court disposition,. a notice is sent to the
individual that Judgement has been entered by the court. In
those instances where a warrant has been issued, an attempt is
made to arrest the person named in the warrant.
H. The registered owner of the vehicle has to contact the Niles
Court Clerks office to settle tine judgement, and the Village
is -reimbursed -for any settled judgements.
V. COMPLIANCE RATE
A. At the present time, the compliance rate for citations paid on
first violations' and after the delinquent notice has been sent
is approximately 60 to 65 percent.
B. The compliance rate for those appearing in court is very small
since usually if the delinquent notice has no effect, the court
notification is ignored. Usually those that do appear in court
are contesting the validity of the ticket.
C. The number of judgements which are paid is unknown, since the
court clerk does not notify us directly when. a judgement has
been paid.
VI. NON -PAID PROBLEM AREAS
A. The two areas where the greatest number of P --Ticket citations
are written are:
1. All night parking
2. Failure to display Village vehicle license
B. Multiple violators are usually in the following areas:
1. Failure to display Village vehicle license
2. Parking in commuter lots or downtown areas
C. Reference the above, the All Night Parking violators are visitors
to the area and usually are not multiple violators.
VII. CHANGES NECESSARY TO IMPLEMENT VEHICLE WHEEL LOCKS
A. The computer program has to be updated. It is only recently that
multiple offenders are being listed together by license number.
A
3
................. . . . ............ .
NY
spy
B. �, resent computer system does not have the cap y to
s`edreh all the P -Ticket data bases to ascertain the multiple
violators. For example, based on the dates of the computer
run, the issuance of the ticket and the court date assigned,
one individual could have a ticket in each one of these stages,
but would not be flagged as a multiple violator.
C. For statistical purposes, the computer data base and output
reports need to be changed.
D. Administratively, the need is for.-
1.
or:1. A municipal ordinance to use the vehicle wheel locks
2. Appropriate procedures within the police department for
the procedures to be used in applying vheicle wheel locks.
3.. ,Assignment of personnel to physically apply the vehicle
wheel locks.
4. Updated programming of computer program in order to identify
multiple offenders.
4 --
Village of Mount Prospect
Mount Prospect, Illinois
rn(jl
TO: T RRANCE L. BURGHAPn2 VILLAGE MANAGER
FROM: RONALD W. PADLOCK, CHIEF OF POLICE
SUBJECT: COMPUTERIZED PARKING TICKET PROGRAM
DATE: DECEMBER 7, 1983
The parking ticket -computer program has, been-, rev.ised and updated
to the point where multiple parking ticket offenders can be
identified and Tocated-.- - When resources are availab-le_-further
modifications should be made to the overall parking ticket program.
However, the present program is adequate.for the police department.
Two print-outs indicating multiple offenders are attached for your
review.
The department has instituted a program whereby the administrative
auxiliary service officer makes phone contact with a multiple
offender and attempts to settle the parking tickets before proceeding
to court.
I would like to express my appreciation to Mr. Dave Jepson and Mr. Fred
Jay for their efforts in updating and modifying the computerized'
parking ticket program.
cc: Mr. Dave Jepson
RWP:jh
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Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
co�_�
TO: TERRANCE L. BURGHARD, VILLAGE MANAGER
FROM: RONALD W. PAVLOCK, CHIEF OF POLICE 1 � �� 3 /S3
SUBJECT.- SOLICITORS
DATE: NOVEMBER 1, 1983
In reply to your memorandum of October 3. 1983, the following responses
are made to the questions you indicated are to be answered by the Police
Department. The -full -documentation as -to -the ordinances of other.
municipalities, reference the regulation of solicitors, will be forwarded
under separate cover in my request to have several new ordinances presented
to the Committee of the Whole meeting on - December 13, 1983 for review and
discussion.
1. What specifically do our local ordinances say in covering
ng
solicitors?
a. The local ordinances in regard to solicitors and vendors
are found in basically 3 sections of the Municipal Code,
(23:1501, Tag Day), (11:2801, Vendors and Solicitors),.
and (23:303, Trespassing Ordinance)*
b. Basically the same language is involved in the Trespassing
Ordinance (miscellaneous offenses) as is contained in the
Solicitors Ordinance (business code),
c. In effect, there is a crossover between these two codes as
well as the Tag 'Day Ordinance, all attempting to place
some controls over who can solicit and sell within the
Village.
This leads to confusion as to enforcement and a lack of
unity as to which code is applicable. Apparently soliciting
is seen as a miscellaneous offense (trespassing) and at the
same time as a violation of the business code.
2. What are the discrepancies and -,definitions between solicitors,
vendors, peddlers and temporary vendors?
a. Vendors and solicitors are contained under the same code -
'l
however, the differentiation is that vendors need to obtain
a business license while solicitors need only to be
registered, (11:2804).
2M
November 1, 1 v6
Page -2-
b. What has apparently occurred.is that vendors and solicitors
are treated in -the ordinance in the same manner. A vendor
is doing business, selling something for money which is
changing hands at the time of the transaction and merchandise
is received in turn.
While a solicitor may sign an individual up to purchase an
article and.money may exchange, the merchandise is received
at a later date. However,,,in many solicitors' schemes money
does not exchange.hands but a commitment.to pay in the
future is signed.
3. What does federal law permit , us to regulate and what does it not
permit us to regulate?
a. Federal law permits home rule powers to make reasonable
ordinances for the regulation of solicitors. The relevant
research..has been done. by Mr. Richard Williamss. Village Attorney
for Hoffman- Estates.: .It shoul.d.be noted,in the. Village of
Hoffman Estates ordinance they do,not set out the registration
requ-irements,...but.-indicate that solicitors must comply with
the regi strati on regulations,of,the Police Department. This
is due to Hoffman,Estates having an ordinance similar to the
State .of Illinois as to,, the'- admi ni strati ve practices which
permit the department affected to devise reasonable regulations
for enforcement of the ordinance.
4. How are citizen complaints handled at the.presenttime?
a. When a complaint .is received .by Central.Dispatchas to
solicitors a patrol unit is sent. to respond. The level of
enforcement depends on several factors, but alternatives are
as follows:
1. If the citizen is willing to sign a complaint and the
solicitor is.registered, .and the .,premises are signed
"No Sol icitors. %. an arrest can be effected .for 'trespassing.
2. If the solicitor is not registered, they are advised to
follow the registration procedures.
3. If the citizen is unwilling to sign a complaint and no
on -view violation is observed by the officer, no arrest
can be made.
4. If the premises are not. posted for "No Solicitors" and
the complainant.indicates they.did not advise the
individual . to. leave.the premises, there is.no basis for
a criminal complaint.-of.,trespass.to. ,property under the
State Revi sed .Statutes.
5. If the complaint is not made to Central Dispatch, unless
the individual within the Village makes contact with
Central Dispatch, a patrol unit will not respond.
November 1, 1983
Page -3-
In this r * egard it appears.that,the communication,between
the Village Clerk's office and the Police Department could
be improved.
6. In -less than clear-cut situations where enforcement action
can be taken, verbal warnings are usually given to
solicitors.
5. Identify the companies. which have caused the most significant problems
within the .Village?
a. This information-can.best,be-obtained from the 'Vi llage. Clerk' s
office which has a more extensive file .in - relation 'to. solicitors.
6.Review the ordinances of communities that have made recent progress
in refining their solicitors regulations.
a. In discussing this matter with Mr. Williams, Village Attorney
for Hoffman 'Estates, ,-he indicates-that,while the Hoffman Estates—
Ordinance on soliciting has not been brought to court or
appealed, there was extensive correspondence relative to the
ordinance with the Jehova Witnesses and their attorney for
failure to,register. The attorneys who appealed the Schaumburg
Solicitors Ordinance have corresponded with Mr. Williams and
indicated it is their.opinion the Hoffman Estates Ordinance
is. constitutional. I
b. A copy of the Hoffman Estates Ordinance is included in the
materials .which are being forwarded.to...the Village Attorney,
Mr. Newman, for review be forwarded to under
a separate cover.
7. Recommend to. my office appropriate mea sures .and ordinances as well
as administrative procedures for enforcing said ordinances.
a. That an ordinance similar ,to,Hoffman Estates be adopted, with
the Clerk'.s office , fol lowl .ng.a regi strati on. procedure like
Hoffman Estates.
b. Thatthe Trespassing Ordinance as it pertains to solicitors
b , e deleted and only registrat-ion-be-requl*red.under the business
code of the Village Ordinances.
c. That the regulations for registration and similar procedures
be deleted, from the new ordinance, i.e., name and address of
the organization, description of the type of soliciting and
d
,,
fingerprlinti,ng requirement. These should fall under the
regulation Procedures of the Village Clerk rather than be
specified in the ordinance.
d. That effective communication channels be established between
the Police Department and the Clerk's office as to solicitor
complaints.
M",
November I , 1983
Page -4-
In summary, while the Village of Mount Prospect .can place .reasonable
regulations as to the registration of.solicitors, the Village cannot
necessarily refuse permission to solicit. At present, there are too many
ordinances attempting to.regulate solicitors. There should be only one
ordinance for -all- types of sari citing, including charitable soliciting.
RWP h
cc: Deputy Chief, T. Daley
Deputy Chief J. Bopp