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.
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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.
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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
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