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HomeMy WebLinkAbout2770_001�� Ll iffiRMANNE10mmiWIR11501 WX VILLAGE BOARD VILLAGE OF MT. PROSPECT l.. CALL TO ORDER 2. INVOCATION Floros 3. ROLL CALL BUIkDING DEPARTMENT A ,01 7, L L 00 0"err 4Z" 0 R D E R OF B U S I N E S S T U E S 0 C T 5 19 7 6 8-00 P.M. 10/0 pq (�Pj �.iYlMwGf �{7rtxf a'Ur �� /H/f�/ ^N ��1 r,�� 9N�„ �� 6,00 5? on Wr�°AA V10 Mayor Robert D.-Teichert rr Trustee Flnrnq Trustee Rhea Trustee Hendricks Trustee Richardson Trustee Minton Trustee Wattenberg A APPROVAL U MTNIITpq OF SEPT. 91 1975 r 5. APPROVAL OF BILLS 6. COMMUNICATIONS & PETITIONS CITIZENS TO BE HEARD A. Multi Media Fire Awareness Program (Film presentation) 7. MANAGER'S REPORT 4' 8. MAYOR'S REPORT 10A zt, A. Introduction and presentation to American Field Service Foreign Exchange Students B. Proclamation - National Business Women's Week Oct. 17 - 22. 9. COMMITTEE REPORTS A. BUILDING COMMITTEE t'Allw 1. 33-Z-76 Red Lobster Exhibit A 49-V-76 Red Lobster Exhibit B 2.1 45-V-76 Robert & Sheila Sherman 3. 58-Z-76 Greg Hayes 59-V-76 (To be referred to Building Committee at request of chairman 4. 5-V-76 William Roppolo 25-V-76 William Roppolo B. FINANCE COMMITTEE G. Food Mart 77 . . . . .. ..... I www, +Am - Liquor License Request 1760 W. Algonquin 2. Romance Restaurant & Pizzeria - Liquor uai 818 A North River Rd. - License Request 3. Laundromat Business License Revision C. FIRE & POLICE 1. 2nd Reading Vandalism Ordinance (Exhibit C) D. JUDICIARY COMMITTEE E. PUBLIC HEALTH & SAFETY qkvi, 1. Health Dept. recommendation Re: Water Conservation 2. Water system review 10. OTHER BUSINESS A. Tabled motion: "To have the Village vacate the agreed order for Case 73L 12381 and re-enter the case." B. Memo - Library Board 11. ITEMS TO BE REFERRED 12. COMMITTEE ANNOUNCEMENTS ffivllff��Al? MATTERS IN COMMITTEE OCTOBER 5 1976 BUILDING COMMITTEE ZBA-39-Z-75 LORAS INC. - CALLERO & CATINO - APT COMPLEX 11-4-7 WATER RATES 8-17-76 FINANCE COMMITTEE LIE--SINGEME-N-SING OF MULTIPLE DWELLINGS 9-11-75 ALTER BLDG. CO. REVENUE BOND PROPOSAL 7-1 -75 LICENSING OF REAL ESTATE BROKERS AND TRANSACTIONS 7-29-75 T PROSPECT HOUSING AGENCY 5-18-76 LIQUOR LICENSE REQUEST - SCOREBOARD LOUNGE (CLASS A) 8-3 -76 LAUNDROMAT BUSINESS LICENSE REVISION 9-7-76 FIRE & POLICE COMMITTEE PUBLIC TRANSPORTATION SYSTEM WITHIN THE VILLAGE 5-15-73 CABLE TV FRANCHISING 6-5 -75 KEEPING FOREST AVENUE A LIMITED ACCESS STREET 6-18-74 ROAD NETWORK PROSPECT MEADOWS SUBDIVISION 10-15-75 EMERGENCY VEHICLES BEYOND VILLAGE LIMITS 7-1 -75 VANDALISM 11-4 -75 PRICING OF INDIVIDUAL FOOD PACKAGES 11-18-75 REMOVAL OF THE CIRCUIT COURT FROM 112 EAST NORTHWEST HIGHWAY 3-2 -76 PRICING ON SIGNS AT SERVICE STATIONS 6-1 -76 COMMUTER PARKING 9-7-76 EXEMPT POSITIONS - POLICE DEPARTMENT 9-7-76 STEP PLAN REVISION 9-7-76 ETHICS ORDINANCE 9-21-76 RELOCATION OF BOARD MEEFINGS TO NEW LIBRARY 2- -76 ROBERT CORDON, ESQ. CASE # 76 L 4400 7-20-76 PUBLIC HEALTH & SAFETY COMMITTEE STREET .�LIGHTING .� 2-30-70 FLAGS & PE ANTS - SIGN ORDINANCE VIOLATIONS 11-5 -74 REVIEW OF SOCIAL SERVICES 11-4 -75 SURPLUS -- VILLAGE OWNED PROPERTIES 3-16-76 BICYCLE .SAFETY & EDUCATION 9-7-76 PUBLIC WORKS COMMITTEE PRBOSED DAMP WATER USE CONTRACT 9-12-72 C DONALD CREEK 4-22-75 SIDEWALKS AT THE SOUTHEAST CORNER OF MAPLE & PROSPECT 10-21-75 PLANNING COMMISSION ZONING ALONG RAND ROAD 12--2 -69 .SPECIAL ZONING DISTRICT DOWNTOWN (IND. & ECON. DEV.) 8-4 -70 ZONING CLASSIFICATION STADIUM, ARENAS; ATHLETIC CLUBS & FIELDS, TENNIS COURTS, PRIVATE & SEMI PRIVATE CLUBS 6-2 -75 ANNUAL REVIEW OF VILLAGE COMPREHENSIVE PLAN OR PREPARATION OF COMMUNITY DEVEL- OPMENT PLAN ON ANNUAL BASIS 1-21-75 PETITIONS OPPOSING ONE WAY STREET RTE. 83 & EMERSON IN COMPREHENSIVE PLAN 5-20-7 AMENDMENTS TO PUD ORDINANCE 10-7 -75 SAFETY COMMISSION IN PROSPECT �E��ON� SUBDIVISION \O-1 -74 ---SUGGESTED- �O7 2 74 BIKE SAFETY USAGE - - 4 -WAY STOP INTERSECTION SEE-GWQM & SVABOmEE 6-17-75 TRAFFIC SIGNALS AT INTERSECTION BUSSE RD. & WILLOW LN. 71-18-75 DOWNTOWN LIGHTING 2-3 -76 DRAINAGE & CLEAN STREAMS COMMISSION 4-22-75 COMMISSION If RRIM PLAN FOR R-A-L-AWCED DISTRIBU-IFION OF HOUSING 10-16-73 OPPORTUNITIES FOR NORTHEASTERN PREPARATION OF HOUSING ASSISTANCE PLAN ON 1-21-75 ANNUAL BASIS BOARD OF LOCAL IMPROVEMENTS VILLAGE ATTORNEY UBDIVIBION REGULATIONS 1-20-76 INDUSTRIAL WAST ORDINANCE - WITH ENGINEERS 2-5 -72 BILLY ALTER PLATS OF DEDICATION - PUD 1-20-76 VILLAGE ER 5-19-70 I��T�E�E�T OF DEDICATED STREETS POLICY REGARDING STREET LIGHTING l�-lB-�� INDUSTRIAL WASTE ORDINANCE - WITH ATTORNEY 2-5 -74 4 -WAY STOP INTERSECTION OF SEE-GWUN AND SHABONEE 6-17-75 DOWNTOWN DEVELOPMENT & REDEVELOPMENT COMMISSION 2-3 -7G SENIOR CITIZEN ADVISORY COUNCIL S N CENTER DEPARTMENT) 2-3 -76 E N 10 R C I T I Z E-­"­­--� HEALTH LWATING THE VILLAGE MANAGER 3-2 -76 ORDINANCE NO. AN ORDINANCE AMENDING MAP 47-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did conduct a Public Hearing under Case No. 33-Z-76, on the 24th day of June, 1976, on a request for a zoning classification change from R -X (Single Family Residence) District to B-3 (Business -Retail and Service) District of certain pro- perty hereinafter described; and WHEREAS, a notice of the aforesaid Public Hearing was made and published in the manner provided by law; and WHEREAS , the Zoning Board of Appeals of the Village of Mount Prospect has recom- mended to the President and Board of Trustees of the Village of Mount Prospect that the petitioner's request under said Case No. 33-Z-76 be granted; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the following Ordinance regarding the subject pro- perty; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Map 47-S of the Zoning Ordinance of the Village of Mount Prospect, as amended, be and is hereby further amended by reclassifying from R -X (Sinle Family Residence) District to u B-3 (Bsiness-Retail and Service g ) trict the following described property: I Part of the Southeast Quarter 0) of Section 23 , Township 41 North, Range 11 East of the Third Principal Meridian described as follows: Commencing at the intersection of the North line of the Southeast Quarter (4) of the Southeast Quarter (') of Section 23, Township 4 4 41 North, Range 11, East and the East line of the Southeast Quarter (4) of Section 23, Township 41 North, Range 11 East, which is a point on the center line of Elmhurst •Road; thence •proceedin•g South along said center line 280 feet to a point; thence proceeding West on a line perpendicular to the center line of Elmhurst Road 50 feet to the point of beginning of the herein described parcel; thence (1) continu ing West on this line 415 feet to a point; thence (2) proceeding South on a line parallel to the center line of Elmhurst Road 200feet to a point; thence (3) proceeding East on a line parallel to the North line of the Southeast Quarter Southeast Quarter (4) of Section 4 '4 23, Township 41 North, Range 11 East 415 feet to a point; thence (4) proceeding north on a line parallel to the center line of Elmhurst Roa( 200 feet to the point •of beginning of the herein described parcel, in Cook County, Illinois. I Llf SECTION TWO: That Map 47-S contained in SECTION ONE of Ordinance No. 2410 passed and approved March 20, 1973, shall be deemed amended so as to conform with the reclassification of the subject property herein contained in SECTION ON above. SECTION THREE: That this Ordinance shall be null'and void and of no force and effect whatsoever until after its passage, approval, publication, and such time as an accurate plat resubdividing the said parcel described in SECTION ONE hereinabove is recorded with the Recorder of Deeds of Cook County, Illi- nois; a copy of what plat of resubdivision shall be attached hereto and hereby made a part hereof. DW -3 NAYS: PASSED this' day of 1976. APPROVED this day of 1 1976. Village Clerk M Village President ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE 1 WHEREAS, the unrestricted us1 e of mini -bikes, go-carts , and snowmobiles as wel as the uninvited entry upon the premises of another within the corporate limits of the it la ge of Mount Prospect has on numerous occasions endangered the health, safety , and well-being of the citizens of the Village of Mount Prospect and jeopardized the rights of the citizens of the Village of Mount Prospect to be secure in their persons, houses, papers, and effects; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect recog nize the need to assure the safety and property of the citizens of the Village of Mount Prospect; and WHEREAS , the Village of Mount Prospect is a Home Rule it within the terms of Arti- cle VII, Section 6 ofthe 1970 Constitution of the State of Illinois, and may exercise any power or perform any function pertaining to its government and affairs; and WHEREAS , the President and Board of Trustees ofthe Village of Mount Prospect have determined that the passage ofthis Ordinance is in the best interests oft Village of Mount Prospect; NOW. THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitution of the State of Illinois, Chapter 25 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended by adding an additional Article thereto,, Article VI , prohibiting trespass; so that hereafter the said Article VI of Chap- ter 25 shall be and read as follows: I? ARTICLE VI. TRESPASS SECTION 25.601. Trespasses Prohibited. It shall be unlawful for any per- son, firm, or corporation to commit a trespass within this municipality upon either public or pr�yate property. SECTION' 25.602. Specifically Enumerated Without constitu- ting any limitation upon the provisions of Section 25.601 above, any of the following acts by any person, firm, or.corporation shall be deemed included among those that constitute trespasses in violation of the provisions of said Section 25.601, and appropriate action may be taken hereunder at any time, or from time to time . to prevent or suppress any violation or violations of this Article, the aforesaid enumerated acts so included, being as follows: A. 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 violation of any notice, warning, or protest given orally or in writ- ing, by any owner or occupant thereof; or B., The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhi- bited 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 C. A failure or refusal to depart from the premises of another in case of be- ing requested, either orally or in writing, to leave by any owner or oc- cupant thereof; or D. The operation of a mini -bike, go-cart, or snowmobile in the following places: 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; public school grounds, park property, playgrounds, sidewalks, recreational areas, streets, public rights-of-way , and/or other pub- lic property without the express provision or consent by the proper public authority; and 3. On or across railroad right-of-way . E. 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. F . Any entry upon the premi 'ses, or any part tano hereof, of ther, including any public property, during which entry any such property is defaced, broken, injured, or destroyed without the consent of the owner thereof. SECTION 25.603 ' . Village of Mount Pros2e t Policy on Solicitin ,. It is hereby declared to be the policy of the governing body of the Village of Mount Prospect that the occupant or occupants of the buildings in this Vil- lage shall make the determination of whether solicitors shall be, or shall not be, invited to their respective buildings. If no determination is made as is provided in Section 25.607 hereof, registration is not required. SECTION 25.604. Registration of Solicitors. Itshall be unlawful for any person, firm, or corporation to engage in the business of soliciting or can - i s, within the corporate limits of the Village of Mount Prospect wherein an owner or occupant has posted a small sign at the prin- cipal entrance inviting therein only solicitors who have registered with the Police Department without such solicitor first registering with the Police De- partment in the manner provided in this Article. SECTION 25.605 A. All applicants for registration to solicit or canvass upon premises with- in the Village, wherein an owner or occupant has posted a small sign at the principal entrance inviting therein only those solicitors who have registered with the Police Department, shall execute an applicant blank at the Office of the Chief of Police, which applicant shall truthfully state the information requested on the application, to -wit: M 1. Name and address of present place of residence and length of resi- dence at such address; also business address if other than resi- dence address; also Social Security number., 2. Address of place of residence during the past three (3) years if other than present address-, 3. Age of applicant and marital status-, and if married the name of spouse; 4. Physical description ofthe applicant; 5. Name and address ofthe person, firm, or corporation or association by whom the applicant is employed or represents; and the length of time of such employment or representation; 6. Name and address of employer during the past three (3) years if other than the present employer; 7. Description sufficient for identification ofthe subject matter oft soliciting which the applicant will engage in; 8. Period of time for which the Certificate is applied for; 9. The date, orapproximate date, of the latest previous application for Certificate under this Ordinance, if any-, 10. If a Certificate of Registration issued to the applicant under this Ordinance has ever been revoked; 11. If the applicant has ever been convicted of a violation,of any of the provisions of this Ordinance, orthe ordinance of any other Illinois municipality regulating soliciting; 12. If the applicant has ever been convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law of the United States; and 13. Such additional information as the Chief of Police may deem neces- sary to process the application. B. All statements made by the applicant upon the application or in connec- tion therewith shall be under oath. C # The Chief of Police shall require every applicant to submit to fingerprint ing by the Police Department of this Village in connection with the appli- cation for Certificate of Registration. D'$' The Chief of Police shall cause to be kept in his office an accurate record of every application received and acted upon together with all other in- formation and data pertaining thereto on all Certificates of Registration issued under the provisions of this Article, and of the denial of applica- tions . Applications for Certificates shall be numbered in consecutive order as filed, and every Certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued. E No Certificate of Registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illi- - 3- nois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this Article, nor to any person whose Certificate of Registration issued hereunder has pre- vioulsy been revoked as herein provided. SECTION 25.606. Issuance and Revocation of Solicitor's Certificate of Registration . A. The Chief of Police, after consideration of the application for registered solicitor and all information obtained relative thereto, shall deny the ap- plication if the applicant does not possess the qualifications for such Certificate as herein required, and that the issuance of a Certificate of Registration to the applicant would not be in accord with the intent and purpose of this Article. 1. Endorsement shall be made by the Chief of Police upon the applica- tion of the denial of the application. 2. When the applicant is found to be fully qualified , the Certificate of Registration shall be issued forthwith. 3. The Certificate of Registration shall state the expiration date thereof. B Any Certificate of Registration issued hereunder shall be revoked by the Chief of Police if the holder of the Certificate is convicted of a violation of any of the provisions of this Article, or has made a false material state- ment in the application, or otherwise becomes disqualified for the issu- ance of a Certificate of Registration under the terms of this Article. Im- mediately upon such revocation written notice thereof shall be given by the Chief of Police to the holder of the Certificate in person or by certi- fied U. S. mail addressed to his or her residence address set forth in the application. C., Immediately upon the giving of such notice. the Certificate of Registra- tion shall become null and void. SECTION 25.607. Notice Regulating Soliciting. Every owner or occupant desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this Article, shall give notice of the de- termination by the owner or an occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any building, shall be given in the following means: A. A weatherproof card, no larger than three inches by four inches 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" M The letters shall be at least one-thirdinch in height. For the purpose of uniformity the cards shall be provided by the Finance Department to persons requesting. at the cost thereof. C., Such card so exhibited shall constitute sufficient notice to any solicitor of the, determination by the occupant of the building of the information contained thereon. . . ........ . . .... A. It shall be the duty of every solicitor upon going onto any premises in the Village of Mount Prospect upon which a building as herein defined is located to first examine the Notice provided for in Section 25.607 of this Article, if any is attached, and be governed by the statement con- tained on the Notice. 1. If the Notice states "ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITEDthen the soli- citor not possessing a valid Certificate of Registration as herein provided shall immediately and peacefully depart from the premisesi 2. If the Notice states "NO SOLICITORS INVITED", then the solicitor, whether registered or not, shall immediately and peacefully leave the premises. B. 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. SECTION 25.609. Uninvited Solicitin 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 build- ing, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the Notice exhibited at the building or oral notice given in accordance with the provisions of Section 25.608 of this Article. SECTION 25.610. Limitations on Soli2j!jnE. It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this Article or not, to go upon any premises and ring the door bell upon or near any door of a building located thereon, or rap or knock upon any door. or create any sou ' nd in any other manner calculated i! the attention of the occupant of such building , for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defin- ed, prior to 9: 00 o'clock A.M. or after sunset of any weekday , or at any time on a Sunday or on a State or National Holiday. SECTION 25.611. Limitation on -_02eration of Mini -Bikes, Go -Carts, and Snowmobiles.' It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether operating any mini -bike, go-cart, or snowmobile uDon properties and places allowed under the terms of this Arti- cle or not, to operate such mini -bike , go-cart, or snowmobile: A. Without proper mechanical equipment, including but not limited tcz 1. Adequate brakes; 2. A muffler, in good working order, which prevents excessive or unusual noises; or -5- B Within 500 feet of any dwelling unit, except where such operator is ei- ther the owner. lessee, or invited guest of the owner or lessee of such dwelling unit; or C At a speed greater than reasonable and prudent under the conditions then existing and in no case at a speed greater than thirty (30) miles per hour; or D In a careless , reckless , or negligent manner so as to endanger the per- son or property of another or to cause injury or damage thereto; or E . While under the influence of intoxicating liquor or narcotics; or F . To hunt, pursue, or kill any wild bird or animal; or G. To commit any crime; or H While in possession of any firearm, unless authorized by law. J. Between the hours of 10: 00 P.M. of any given day and 7: 00 A.M. of the following day. SECTION 25.612. Financial Responsibility of Parent or Legal Guardian of Minor Offender. A. Should any aggrieved party desire a hearing relative to any actual dam- ages sustained by reason of any act of trespass by any unemancipated minor, such person shall petition the Circuit Court of Cook County in the name of the Village of Mount Prospect for such hearing. B. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is financially responsible for actual damages for any trespass of such minor child as defined in this Article, provided such parent or legal guardian has been served with summons and a copy of Petition for Hearing. 1. Hearing on such Petition shall proceed in the Circuit Court of Cook County in the same manner as other civil proceedings concerned with ordinance violations , except that the scope of such proceed- ings shall cover only the issues of: a. Whether such unemancipated minor was placed under arrest for a violation of this Article; and b Whether such unemancipated minor was found by a Court to have committed such trespass; notwithstanding the fact that said Court may not have entered a finding of "guilty" against said unemancipated minor. 2. In the event the Court shall find that (a) an unemancipated minor was placed under arrest for a violation of this Article and shall find that (b) such unemancipated minor was found by a Court to have committed such trespass. then the Court shall find such parent or legal guardian responsible on such Petition and shall order the par- ent or legal guardian to make restitution or reparation in an amount not to exceed One Thousand ($1000) Dollars or the actual loss or damage to property and/or pecuniary loss, whichever is the lesser. 3. When the Court orders restitution or reparation, the Court shall determine the amount and conditions of payment. If, thereafter, the conditions of payment have not been satisfied, the Court may, upon the motion of the Village and within the limits hereinabove set forth, impose such additional penalties as it deems appropriate., SECTION 25.613. Loud Noises and Speaki evices. No person shall shout, make any outcry , blow a horn , ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks, or other public places of this Village, or up- on any private premises in the said Village where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets . avenues , alleys, or parks, or other public places. SECTION 25.614. PostinE Notice, Placard, Bill, etc. Prohibited in Certain Cases. No person shall post, stick, stamp, paint, or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement, or other paper or device calculated to attract the at- tention of the public, to or upon any sidewalk, crosswalk, curb, or curb- stone, flagstone, or any other portion or part of any public way or public place, or any lamp post, electric light, telegraph, telephone, or trolley line pole, or railway structure, hydrant, shade tree or tree -box, or upon the piers, columns, trusses, girders, railings, gates, or other parts of any pub- lic bridge or viaduct, or other public structure or building, or upon any pole, box, or fixture of the fire alarm or police telegraph system , except such as may be authorized or required by the laws of the United States , or State of Illinois, or ordinances of the Village of Mount Prospect. SECTION 25.615. Littering or Throwing of Handbills, Commercial or Non -Commercial , Prohibited in Public Places. No person shall throw, cast, deposit, damage, lay, place, or scatter in or upon any public place or pub- lic property or appurtenance any placard, handbill, pamphlet, circular, book, notice, paper of any kind, coal, ashes, dust, manure, rubbish, gar- bage , refuse matter or article, or thing of any kind. SECTION 25.616. Distribution on Uninhabited or Vacant Private Premises of Commercial or Non -Commercial Handbills. It shall be unlaw- ful for any person to distribute, deposit, place, throw , scatter, or cast any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. SECTION 25.617. Name and Address of Printer, etc. , and Distributor. Af Handbills. A., It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or non-commercial handbill in any place, under any circumstances, which does not have printed on the cover, front, or back thereof, the name and address of the following: 1. The person who printed, wrote, compiled, or manufactured the same. 2. The person who caused the same tobe distributed, SECTION 25.618. Owner, etc., Not to Permit Use of Premises for Posting of Objectionable Matter or Material. It shall be unlawful for the owner, lessee, occupant or agent of premises to permit any person. whether licensed or acting under the terms of this Article, or otherwise, to post, af- fix or otherwise attach to any building. structure, or fixture located upon such premises, whether such fixture be natural or artificial, any poster or handbill containing any matter prohibited by the terms of this Article. SECTION 25.619. Handbills Offensive to Public Morals, etc. Prohibited. It shall be unlawful for any perso� �t_p­ost , to hand out , distribute, or trans- mit any sign, or any commercial or non-commercial handbill: A . Which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the government of the United States or of this State of Illinois, by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or en- courages or tends to encourage a breach of the public peace or good order of the community; or B. Which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous, or scurrilous language. SECTION 25.620. P!I�lt Every person, firm, or corporation convict of a violation of any provision of this Article other than Section 25.shall be punished by a fine of not less than Twenty ($20) Dollars nor more than Five Hundred ($500) Dollars. SECTION 25.621. Severabil!!Y-. If any part or parts cif" this Article all be held to be unconstitutional, such unconstitutionality shall not affect the vali- dity of the remaining parts of this Article. The Board of Trustees of the Vil- lage of Mount Prospect hereby declares that it would have passed the remain- ing parts of this Article, if it had known that such part or parts thereof would be declared unconstitutional. SECTION 25.622. Rules and Definitions. A. The language set forth in the text of this Article shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural number, and the plural the singular. 2. The word "shall" is mandatory; the word "may" is permissive. 3. The masculine gender includes the feminine and neuter. B. Whenever in this Article the following words and phrases are used, they shall , for the purposes of this Article , have the meanings respectively ascribed to them in this Section, except when the context otherwise in- dicates: 1. Canvasser. A person , whether resident of the Village of Mount Prospect or not, traveling either by foot, wagon, automobile, mo- tor truck, or any other type of conveyance, from place to place, from house to house, or from street to street , taking or attempting to take orders for sale of goods , wares , and merchandise, personal property of any nature whatsoever for future delivery, or for ser- vices to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm, or cor- M poration, hires, leases, uses, or occupies any building, structure tent, railroad box car, boat, hotel room, lodging house, apartment shop, or any other place within the Village for the sole purpose of exhibiting samples and taking orders for future delivery. 2. 'Chief of Police. The Chief of the Mount Prospect Police Departmeni 3. . The making of one's way with the whole or any part of one's body, hand, foot, or any rock, projectile, or other instru- ment or weapon into or onto the property of another. 4.. 'Go—Cart. Any self-propelled four-wheel vehicle, the use of which is prohibited upon public streets and highways by laws of the State of Illinois. 5. Legal, Guardian,. A person appointed guardian, or given custody, of a minor by a Circuit Court of this State, but does not include a person appointed guardian, or given custody of a minor under the Illinois Juvenile Court Act. 6. Mini, -Bike. Any self-propelled two -wheel vehicle,, the use of which is prohibited upon public streets and highways by laws of the State of Illinois. 7. Minor. Any person who has attained eleven 11) years of age, but who has not yet reached eighteen (18) years of age. 8. Muffler. A device consisting of a serious of chambers or baffle plates or other mechanical design for the purpose of receiving ex- haust gas from an internal combusion engine and effective in reduc- ing noise. 9. Nuisance. That class of wrongs which arise from the i oRbl unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent, or unlawful personal conductworking an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, discomfort, or hurt, that the law will presume resulting damages. I 10. 22er,ate. To ride in or on and control and speed and direction of a mini -bike, go - cart, or snowmobile. 11. Operator. Any person who operates or is in actual physical con- trol of a mini -bike , go - cart, or snowmobile. 12. Parent. The lawful father or the mother of a person. 13. Person. Persons, Firm, or Cor 2oration . A natural person, part- nership, firm, corporation, or organization of any kind. 14. Premises. Any dwelling, house, building, or other structure. de- signed or used either wholly or in part for private purposes, whe- ther inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule. or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. 15. Ej:�e�rt. Any realty, including improvements thereon . and tangi- ble personalty. 16. Re stered Solicitor. Any person who has obtained a valid Certi- ficate of Registration as hereinabove provided, and which Certifi- cate is in the possession of the solicitor on his or her person whibt� engaginIe in soliciting. 17. Residence or Dwelling Unit. Every separate living unit occupie for 0 residential purposes by one or more persons, contained withills any type of building or structure. I 18. Snowmobile. Any self-propelled vehicle designed for travel on ice or snow steered by skis or rutters, the use of which is prohi- bited upon public streets and highways by laws of the State of Illinois. 19. soliciting. a. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, and/or services, of any kind, char - i i ever, for any kind of considera- tion whatever; or b. Seeking to obtain prospective customers for application or purchase of insurance of any type , kind, or character; or Seeking to obtain subscriptions to books, magazines, peri- odicals, newspapers, and every other type or kind of publi- cation; or d. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corpora- tion, or project. 20. Solicitor. Any individual, whether a resident of the Village of Mount Prospect or not, traveling either by foot, wagon, automo- bile, motor truck. or any other type of conveyance, from place to place, from house to house, or from street to street , taking or at- tempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance pay- ment on such sales or not , provided that such definition shall in- clude any person, who for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, struc- ture , tent , railroad box car . boat , hotel room, lodging house, apart- ment, shop, or any other place within the Village for the sole pur- pose of exhibiting samples and taking orders for future delivery. 21. Tresl2ass'. Any of the following acts by any person, firm, or cor- poration shall be deemed included among those that constitute Ia ate actioe tkthrdr at any time, or from time to timtion or violations of this Article, the aforesaid enumerated acts so included, being as follows: ,k. 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 to said premises or at any point of approach or entry in violation of any notice, warning , or protest given orally or in writing, by any owner or occu- pant thereof; or b The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said pre- mises 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 c. 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 An entry into or upon any vehicle, aircraft, or watercraft made without the consent of the person havinthe right to g the possession or control thereof, or a failure or refusal t* leave any such vehicle, aircraft, or watercraft after being requested to leave by the person having such right. M Unemancipated Minor. A minor who is dependent upon his parent, or parents, or legal guardian, and who is subject to parental power. 23. Vehicle. Every device in, upon, or by which any person or pro- perty is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon station- ary rails or tracks. 24. YIE��. The Village of Mount Prospect, Cook County, Illinois. 11 SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. PASSED this day of 1976. APPROVED this day of 1976. Village Clerk