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G80-06 (3) Ordinance No. G80-06 AN ORDINANCE AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PEDDLERS AND SOLICITORS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Section 6.45.040 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" be and is hereby further amended to read as follows: "6.45.040: PERMIT FOR SOLICITATION OF FUNDS ON PUBLIC STREETS OR SIDEWALKS: A. No person shall engage in any solicitation made upon any public street or sidewalk within the City requesting the contribution of funds or anything of value except as provided in this Section and this Chapter. B. A permit shall be obtained by a sponsoring person, company or organization for the conduct of any solicitation requesting the contribution of funds or anything of value conducted upon any public street or sidewalk in the City. C. Solicitation shall be prohibited from November 1 through March 31. D. Solicitation shall be restricted to the following intersections: McLean Boulevard and Highland Avenue; Summit Street and Liberty Street; Dundee and Kimball Avenues; McLean Boulevard and Wing Street; Highland Avenue and Route 31; E. Chicago Street and Willard Avenue; Highland and Lyle Avenues; and Summit Street and Hiawatha Drive. E. The sponsor shall be registered with the Attorney General as a charitable organization as provided by the Solicitation for Charity Act, 225 ILCS 460/1, et seq., as amended. F. The sponsor shall be engaged in a Statewide fund raising activity. G. The sponsor 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. H. The sponsor shall be responsible for supervising and controlling the conduct of all persons soliciting under the sponsor's permit. I. The sponsor shall provide to each individual in its solicitation force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in the sales force to wear such identification so that it is clearly visible at all times when individuals are soliciting. J. The sponsor and any person soliciting for the contribution of funds or anything of value on any public street or sidewalk shall not obstruct vehicular or pedestrian traffic and shall comply with all applicable traffic regulations. (Ord. G39-00 § 1, 2000) K. Any person engaged in the act of solicitation shall wear a high visibility vest." Section 2. That Section 6.45.050 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Application" be and is hereby further amended to read as follows: "6.45.050: PERMIT APPLICATION: A. Every person subject to the provisions of Section 6.45.020 of this Chapter shall file with the City's Fiscal Services Manager an application in writing no earlier than sixty (60) days and no later than ten (10) days prior to the date of the solicitation on a form to be furnished by the Fiscal Services Group Director, which shall provide the following information: 1. Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation (for sponsors), or other legally recognized form of identification; 2. A brief description of the business or activity to be conducted; 3. The hours and location for which the right to peddle or solicit is desired; 4. If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; 5. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted, through any court proceeding, to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit); the nature of the offense or violation; the penalty or punishment imposed; the date and location of the court proceedings for which such offense occurred; and other pertinent details thereof; 6. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment; and 7. Three (3) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure approximately three inches by five inches (3" x 5") and show the head, face and shoulders of the applicant in a clear and distinguishing manner. B. Every person subject to the provisions of Section 6.45.030 or 6.45.040 of this Chapter shall file with the City's Fiscal Services Group Director an application in writing on a form to be furnished by the Fiscal Services Division, which shall provide the following information: 1. Proof of age, address and identification of the applicant who is the sponsoring person, company or organization to be provided through the applicant sponsor's driver's license, articles of incorporation or other legally recognized form of identification; 2. A brief description of the business or activity to be conducted; 3. The hours and location for the right to peddle or solicit as desired; 4. A listing of the name, address and date of birth of all persons the sponsor proposes to be peddling or soliciting under the sponsor's permit; 5. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted, through any court proceeding, to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit); the nature of the offense or violation; the penalty or punishment imposed; the date and location of the court proceedings for which such offense occurred; and other pertinent details thereof; and 6. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment." Section 3. That Section 6.45.060 of the Elgin Municipal Code, 1976, as amended, entitled "Application Review and Permit Issuance" be and is hereby further amended to read as follows: "6.45.060: APPLICATION REVIEW AND PERMIT ISSUANCE: A. Upon receipt of an application, the Fiscal Services Group Director, or his authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise necessary to ensure the protection of the public health, safety and general welfare. Each completed application shall be routed to the Chief of Police and the Public Works Director or their designees for review. B. The Fiscal Services Group Director, or his authorized representative, shall issue or deny the application for the required permit within seven (7) days of the submission of a completed application. C. If the Fiscal Services Group Director, or his authorized representative, finds the application to be satisfactory, the Fiscal Services Group Director, or his authorized representative, shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant. D The permit shall show the name, address and photograph of the peiniittee, the class of permit issued, the kinds of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. E. A record of all permits issued shall be maintained by the Fiscal Services Department. (Ord. G39-00 § 1, 2000)" Section 4. That Section 6.45.070 of the Elgin Municipal Code, 1976, as amended, entitled "Denial of Permit" be and is hereby further amended to read as follows: "6.45.070: DENIAL OF PERMIT: A. Upon the Fiscal Services Group Director's review of the application, the Fiscal Services Group Director may refuse to issue a permit to the applicant under this Chapter for any of the following reasons: 1. The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers; 2. An investigation reveals that the applicant falsified information on the application; 3. The sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted through any court proceeding to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit) involving a sex offense, trafficking in controlled substances, theft, burglary, fraud, deceit, misrepresentation, or any violent acts against persons or property; such conviction, plea, supervision, probation or admission having occurred within five (5) years preceding the date of application; 4. The sponsor, or any person to whom the permit will apply, is a person against whom a civil judgment based upon fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application; 5. There is no proof as to the authority of the applicant to serve as an agent to the principal; 6. The applicant or a person the applicant proposes to sponsor as a peddler or solicitor pursuant to Section 6.45.030 or 6.45.040 of this Chapter has been denied a permit under this Chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Fiscal Services Group Director that the reasons for such earlier denial no longer exist; 7. The proposed solicitation would unduly interfere with the orderly flow of traffic or would result in interference with the operation of official traffic control devices; or 8. The application or proposed solicitation is not in compliance of the provisions of this Chapter or other applicable requirements of law. B. The Fiscal Services Group Director's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or the applicant's last known address. (Ord. G39-00 § 1, 2000)" . . Section 5. That Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" be and is hereby further amended by amending all references to "Fiscal Services Manager" therein to read "Fiscal Services Group Director". Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. Severability. If any provisions, clause, sentence, paragraph, section of part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 8. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 0 ^ i, Agenda Item No. 4J City of Elgin r r���1TLU\C�'_ ji, October 20, 2006 TO: Mayor and Members of the City Council —, are comma!!rp FROM: Olufemi Folarin, City Manager �� RuthAnne K. Hall,Neighborho d Services Committee SUBJECT: Amendment to Chapter 6.45.040 of the Elgin Municipal Code, "Permit for Solicitation of Funds on Public Streets or Sidewalks" PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to amend Chapter 6.45.040 of the Elgin Municipal Code, "Permit for Solicitation of Funds on Public Streets or Sidewalks." RECOMMENDATION r It is recommended that the City Council approve the amendments to Chapter 6.45.040 of the Elgin Municipal Code, "Permit for Solicitation of Funds on Public Streets or Sidewalks." BACKGROUND The Neighborhood Services Committee (NSC) reviewed a request by several residents to address concerns regarding solicitors in the road way. At that meeting, the NSC reviewed the existing City Ordinance regarding "Permit for Solicitation of Funds on Public Streets or Sidewalks" vs. the existing State law regarding "Pedestrians soliciting rides or business." It is the opinion of the NSC that the City's existing ordinance should match the minimum criteria required by the State. Therefore, it is recommended that the following criteria be added to Chapter 6.45.040: • The soliciting agency shall be registered with the Attorney General as a charitable organization as provided by "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefore." • The soliciting agency shall be engaged in a Statewide fund raising activity. • The soliciting agency 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 rsoliciting agency. rm.' Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 2 In addition to meeting the minimum requirements of State law, the NSC recommends that the following amendments be made to further increase the safety and regulation of solicitors in the roadway. • Restrict solicitation during the time period of November 1st through March 31st—This will alleviate any concerns regarding solicitors in the roadway during inclement weather and potentially hazardous roadway conditions. • Solicitation shall be restricted to specific intersections — The NSC has selected the following seven intersections at which solicitation will be allowed: McLean Boulevard and Highland Avenue; Summit Street and Liberty Street; Dundee and Kimball Avenues; McLean Boulevard and Wing Street; Highland Avenue and Route 31; E. Chicago Street and Willard Avenue; Highland and Lisle Avenues, and Summit Avenue and Hiawatha Drive. • Permit must be submitted ten days prior to event — This additional requirement will assist in expediting the process between the department issuing the permit and the verification needed from both the Public Works and Police Departments. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Local Kiwanis and Rotary Clubs and the Fire Department. giA__FINANCIAL IMPACT A non-refundable solicitation license application fee of$30.00 is required prior to the approval and issuance of a 90-day license. The license fee would be credited to the General Fund. LEGAL IMPACT lOVNone. ALTERNATIVES 1. Approve the amendments to Chapter 6.45.040 of the Elgin Municipal Code, "Permit for Solicitation of Funds on Public Streets or Sidewalks." 2. Deny the amendments to Chapter 6.45.040 of the Elgin Municipal Code, "Permit for Solicitation of Funds on Public Streets or Sidewalks." Respectfully submitted for Council consideration. RICH Attachment Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 3 AN ORDINANCE AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PEDDLERS AND SOLICITORS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Section 6.45.040 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" be and is hereby further amended to read as follows: "6.45.040: PERMIT FOR SOLICITATION OF FUNDS ON PUBLIC STREETS OR SIDEWALKS: A. No person shall engage in any solicitation made upon any public street or sidewalk within the City requesting the contribution of funds or anything of value except as provided in this Section and this Chapter. B. A permit shall be obtained by a sponsoring person, company or organization for the conduct of any solicitation requesting the contribution of funds or anything of rik value conducted upon any public street or sidewalk in the City. C. Solicitation shall be prohibited from November 1 through March 31. D. Solicitation shall be restricted to the following intersections: McLean Boulevard and Highland Avenue; Summit Street and Liberty Street; Dundee and Kimball Avenues; McLean Boulevard and Wing Street; Highland Avenue and Route 31; E. Chicago Street and Willard Avenue; Highland and Lyle Avenues; and Summit Street and Hiawatha Drive. E. The sponsor shall be registered with the Attorney General as a charitable organization as provided by the Solicitation for Charity Act, 225 ILCS 460/1, et seq., as amended. F. The sponsor shall be engaged in a Statewide fund raising activity. G. The sponsor 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. H. The sponsor shall be responsible for supervising and controlling the conduct of all persons soliciting under the sponsor's permit. Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 4 I. The sponsor shall provide to each individual in its solicitation force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in the sales force to wear such identification so that it is clearly visible at all times when individuals are soliciting. J. The sponsor and any person soliciting for the contribution of funds or anything of value on any public street or sidewalk shall not obstruct vehicular or pedestrian traffic and shall comply with all applicable traffic regulations. (Ord. G39-00 § 1, 2000) K. Any person engaged in the act of solicitation shall wear a high visibility vest." Section 2. That Section 6.45.050 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Application" be and is hereby further amended to read as follows: "6.45.050: PERMIT APPLICATION: f" A. Every person subject to the provisions of Section 6.45.020 of this Chapter shall file with the City's Fiscal Services Manager an application in writing no earlier than sixty (60) days and no later than ten (10) days prior to the date of the solicitation on a form to be furnished by the Fiscal Services Group Director, which shall provide the following information: 1. Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation (for sponsors), or other legally recognized form of identification; 2. A brief description of the business or activity to be conducted; 3. The hours and location for which the right to peddle or solicit is desired; 4. If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; 5. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, fl"k or has otherwise admitted, through any court proceeding, to the commission of a Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 5 felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit); the nature of the offense or violation; the penalty or punishment imposed; the date and location of the court proceedings for which such offense occurred; and other pertinent details thereof; 6. A statement as to whether or not the sponsor, or any person to whom the peiiuit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment; and 7. Three (3) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure approximately three inches by five inches (3" x 5") and show the head, face and shoulders of the applicant in a clear and distinguishing manner. B. Every person subject to the provisions of Section 6.45.030 or 6.45.040 of this (Pk Chapter shall file with the City's Fiscal Services Group Director an application in writing on a form to be furnished by the Fiscal Services Division, which shall provide the following information: 1. Proof of age, address and identification of the applicant who is the sponsoring person, company or organization to be provided through the applicant sponsor's driver's license, articles of incorporation or other legally recognized form of identification; 2. A brief description of the business or activity to be conducted; 3. The hours and location for the right to peddle or solicit as desired; 4. A listing of the name, address and date of birth of all persons the sponsor proposes to be peddling or soliciting under the sponsor's permit; 5. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted, through any court proceeding, to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit); the nature of the offense or violation; the penalty or punishment imposed; the date and location of the court Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 6 proceedings for which such offense occurred; and other pertinent details thereof; and 6. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment." Section 3. That Section 6.45.060 of the Elgin Municipal Code, 1976, as amended, entitled "Application Review and Permit Issuance" be and is hereby further amended to read as follows: "6.45.060: APPLICATION REV W AND PERMIT ISSUANCE: A. Upon receipt of an application, the Fiscal Services Group Director, or his authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise eibk necessary to ensure the protection of the public health, safety and general welfare. Each completed application shall be routed to the Chief of Police and the Public Works Director or their designees for review. B. The Fiscal Services Group Director, or his authorized representative, shall issue or deny the application for the required permit within seven (7) days of the submission of a completed application. C. If the Fiscal Services Group Director, or his authorized representative, finds the application to be satisfactory, the Fiscal Services Group Director, or his authorized representative, shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant. D The permit shall show the name, address and photograph of the permittee, the class of permit issued, the kinds of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. E. A record of all permits issued shall be maintained by the Fiscal Services Department. (Ord. G39-00 § 1, 2000)" Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 7 Section 4. That Section 6.45.070 of the Elgin Municipal Code, 1976, as amended, entitled "Denial of Peimit" be and is hereby further amended to read as follows: "6.45.070: DENIAL OF PERMIT: A. Upon the Fiscal Services Group Director's review of the application, the Fiscal Services Group Director may refuse to issue a permit to the applicant under this Chapter for any of the following reasons: 1. The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors,peddlers or their customers; 2. An investigation reveals that the applicant falsified information on the application; 3. The sponsor, or any person to whom the permit will apply, has been convicted, plead guilty, been given supervision or probation, or has otherwise admitted through any court proceeding to the commission of a felony, misdemeanor or ordinance violation (other than for speeding violations of less than 21 mph over the posted speed limit) involving a sex offense, trafficking in controlled substances, theft, burglary, fraud, deceit, misrepresentation, or any violent acts against persons or property; such conviction, plea, supervision, probation or admission having occurred within five (5) years preceding the date of application; 4. The sponsor, or any person to whom the permit will apply, is a person against whom a civil judgment based upon fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application; 5. There is no proof as to the authority of the applicant to serve as an agent to the principal; 6. The applicant or a person the applicant proposes to sponsor as a peddler or solicitor pursuant to Section 6.45.030 or 6.45.040 of this Chapter has been denied a permit under this Chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Fiscal Services Group Director that the reasons for such earlier denial no longer exist; 7. The proposed solicitation would unduly interfere with the orderly flow of traffic or would result in interference with the operation of official traffic control devices; or f Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 8 8. The application or proposed solicitation is not in compliance of the provisions of this Chapter or other applicable requirements of law. B. The Fiscal Services Group Director's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or the applicant's last known address. (Ord. G39-00 § 1, 2000)" Section 5. That Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" be and is hereby further amended by amending all references to "Fiscal Services Manager" therein to read "Fiscal Services Group Director". Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. Severability. If any provisions, clause, sentence, paragraph, section of part of this ordinance or application thereof to any person or circumstance, shall for any reason r be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 8. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. Ed Schack, Mayor Presented: Passed: Vote: Yeas Nays Recorded: Published: r Amendment to Chapter 6.45.040 of the Elgin Municipal Code October 20, 2006 Page 9 Attest: Dolonna Mecum, City Clerk F:\Legal Dept\Ordinances\Peddlers&Solicitors Ord-6-19-06.doc