HomeMy WebLinkAboutOrd 5993 02/21/2012 Amending Chapters 18 and 23 and Appendix A Regarding Solicitation on STreets and HighwaysORDINANCE NO. 5993
AN ORDINANCE AMENDING CHAPTER 18 AND 23, AND APPENDIX A OF THE
VILLAGE CODE OF THE VILLAGE MOUNT PROSPECT, ILLINOIS,
REGARDING SOLICITATION ON STREETS AND HIGHWAYS
Passed and approved
by the President and Board of Trustees
the 21 st day of February, 2012
Published in pamphlet form
by authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the 22 day of February, 2012.
ORDINANCE NO. 5993
AN ORDINANCE AMENDING CHAPTERS 18 AND 23, AND APPENDIX A OF THE
VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING SOLICITATION ON STREETS AND HIGHWAYS
WHEREAS, Section 11 -1006 of the Illinois Vehicle Code (the "Code "), 625 ILCS 5/11 -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 municipal ordinance; and
WHEREAS, pursuant to the Code and its home rule powers, the Village of Mount Prospect
adopted Section 18.1006, "Pedestrians Soliciting Rides or Business ", of Article 10, Pedestrian's
Rights and Duties, of Chapter 18, Traffic, of the Mount Prospect Village Code (the "Village
Code "), to prohibit such solicitation of rides, employment or business, and Article XV,
Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous Regulations, to
permit certain solicitation of contributions; and
WHEREAS, the President and Members of the Village Board have considered the safety of the
solicitors and motorists, the orderly flow of traffic, and interference with the operation of official
traffic control devices, and determined that Article XV of the Village Code shall be amended to,
among other things, permit such activity only at certain intersections within the Village, and
Section 18.1006 of the Village Code should be amended to clarify the prohibition of soliciting
for employment, business or contributions.
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: Subsection B of Section 18.1006, "Pedestrians Soliciting Rides Or Business ", of
Article X, Pedestrian Rights and Duties, of Chapter 18, Traffic, of the Village Code shall be
amended by deleting the phrase "outside a business or residence district ", to be and read as
follows:
B. Except as may be provided otherwise in the Municipal Code of the Village of
Mount Prospect, no person shall stand on or in the proximity of a roadway for
the purpose of soliciting employment, business or contributions from the
occupant of any vehicle.
SECTION 2: Section 23.1501, "Street Intersections Where Solicitation Permitted ", of Article
XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous
Regulations, of the Village Code shall be amended by deleting the text in its entirety and
replacing it with the following:
23.1501: STREET INTERSECTIONS WHERE SOLICITATION PERMITTED:
Solicitation of contributions by charitable organizations, as hereinafter defined,
shall be allowed upon the streets and highways within this village only at the
following intersections:
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Euclid Avenue and Wolf Road
Elmhurst Road (Rte 83) and Rand Road
Main Street (Rte 83) and Kensington Road
Rand Road and Kensington Road
Kensington Road and Wolf Road
Central Road and Prospect Avenue
Central Road and Northwest Highway
Main Street (Rte 83) and Central Road
Rand Road and Mount Prospect Road
Central Road and Mount Prospect Road
Rand Road and Central Road
S. Main Street (Rte 83) and Northwest Highway
S. Main Street (Rte 83) and Prospect Avenue
Emerson Street and Northwest Highway
Mount Prospect Road & Northwest Highway
Golf Road and Busse Road
Dempster Street and Busse Road
Algonquin Road and Busse Road
SECTION 3: Section 23.1502, "Organizations Qualifying for Street Solicitation ", of Article
XV, Solicitation on Streets and Highways, of Chapter 23, Offenses and Miscellaneous
Regulations, of the Village Code shall be amended as follows:
A. Delete the introductory paragraph and replace it with the following:
No organization shall conduct solicitation activities on or within any of the above
designated intersections within the Village, unless such organization is:
B. Insert the phrase "and in an amount not less than that set forth in Appendix A, Division I
of this Code" in Subsection F, to be and read as follows:
F. Able to furnish a valid certificate of liability insurance with an insurer approved by the
Village and in an amount not less than that set forth in Appendix A, Division I of this
Code, naming the Village as an additional insured with respect to such solicitation
activities;
SECTION 4: Section 23.1503, "Permit Required ", of Article XV, Solicitation on Streets and
Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code shall be
deleted in its entirety and replaced with the following:
A. An organization eligible to conduct solicitation activities shall apply for a street
intersection permit for such solicitation from the village clerk. The village clerk shall
review the application for compliance with the eligibility requirements set forth in section
23.1502 of this article.
B. No permit shall be issued unless all requirements are met.
C. Not more than one permit shall be issued to any organization within any calendar year.
D. No permit may be issued for more than three (3) consecutive calendar days.
E. Permits shall only be issued for solicitation activities to be conducted during Daylight
Savings Time.
SECTION 5: Section 23.1504, "Application ", of Article XV, Solicitation on Streets and
Highways, of Chapter 23, Offenses and Miscellaneous Regulations, of the Village Code shall be
amended as follows:
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A. Delete the phrase "ten (10)" in the introductory paragraph and replace it with the phrase
"thirty (30) ", to be and read as follows:
A written application, verified under oath, for a permit to conduct solicitation
activities in any of the streets designated in this article shall be filed with the
village clerk at least thirty (30) days prior to the date such activities are to
commence. Such application shall contain the following information:
B. Delete the word "organization" in Subsection C, to be and read as follows:
C. A statement of the statewide fundraising activity of which the local solicitation
effort is a part.
SECTION 6: Appendix A, Division 1, "Bonds, Salaries, Insurance and Miscellaneous ", of the
Village Code, shall be amended by inserting the following, numerically, under Chapter 23,
Offenses and Miscellaneous Regulations:
Section 23.1502, Organizations Qualifying for Street Solicitation
C. Insurance —not less than one million dollars ( "$1,000,000) per loss
SECTION 7: 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 21 day of February, 2012.
ATTEST:
M. Lisa Angell
Village Clerk
Irvana K. Wilks
Mayor
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