G-974 - 07/10/2012 - LICENSE AGREEMENT - Ordinances ORDINANCE 2012-LC-SOL-G-974
AN ORDINANCE AMENDING THE OAK BROOK
VILLAGE CODE PROVISIONS REGARDING
NON-COMMERCIAL SOLICITATION
WHEREAS, Section 11-80-9 of the Illinois Municipal Code, 65 ILCS 5/11-80-9, authorizes
municipalities to regulate certain activities on municipal streets and sidewalks; and
WHEREAS, on June 15, 2012, Governor Quinn signed into law Public Act 97-0692 ("P.A. 97-
0692"), which amends Section 11-80-9 to restrict municipalities' ability to prohibit law enforcement
personnel, firefighters, or other persons employed to protect the public safety, from soliciting for a
charitable purpose on public roadways; and
WHEREAS, P.A. 97-0692 authorizes municipalities to impose reasonable conditions on such
solicitation based on articulated public safety concerns; and
WHEREAS, Article B of Chapter 4 of the Village Code of the Village of Oak Brook ("Village
Code") sets forth the Village's regulations for noncommercial solicitation and Section 6-1-4 of the Village
Code provides that obstructing Village streets or sidewalks constitutes an offense relating to public
property; and
WHEREAS, the Village Staff has determined that these provisions of the Village Code should be
amended to comply with the requirements of P.A. 97-0692; and
WHEREAS, the Village.Board has determined that it would be in the best interests of the Village
and its residents to amend the Village Code to allow the Village's public safety personnel to engage in
solicitation on public roadways in compliance with P.A. 97-0692 subject to certain conditions to protect
and preserve the public's health and safety;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Article B of Chapter 4. Article B, entitled "Noncommercial
Solicitation," of Chapter 4, entitled "Solicitors and Peddlers," of Title 4, entitled "Business and License
Regulations." Of the Village Code shall be amended further, and shall read as follows:
4-413-2: REGISTRATION REQUIRED; APPLICATION:
A. Any person desiring to engage in noncommercial solicitation within the village
shall register with the individual designated by the chief of police for the purpose
of identification only.
B. Application for a certificate of registration shall be made to the individual
designated by the chief of police upon a form provided by the village. The person
shall truthfully state in full on the application the following information, or in lieu
thereof, a statement of the reason or reasons why such information cannot be
furnished:
Ordinance 2012-LC-SOL-G-974
Solicitation Regs.for Public Safety Personnel
Page 2 of 4
1. The name and address of the person applying for the certificate.
2. The name and address of each person in charge of and supervising the
noncommercial solicitation in the village.
3. The nature and purpose of the noncommercial solicitation.
4. The requested dates for noncommercial solicitation.
5. The date, or approximate date, of the latest previous application for a
certificate under this article.
C. Supplemental Application for Solicitation in Public Roadways. Village law
enforcement personnel, firefighters, or other persons employed by the village to
protect the public safety that desire to engage in solicitation for a charitable
organization in the designated vehicular lanes of any public roadway, must, no
later than ten days prior to the requested dates of solicitation, submit a
supplemental application to the chief of police stating in full the following
additional information:
1. The name of the charitable organization for which the solicitation will be
conducted;
2. The location or locations, including all public roadways, on which the
solicitation will occur.
3. The manner and conditions under which the solicitation is to occur; and
4. Proof that the charitable organization for which the solicitation will be
conducted maintains in effect a valid general liability insurance policy
with coverage in the amount of no less than $1,000,000 with coverage to
be written on an 'occurrence" basis. The required insurance policy must
cover all personnel to be involved in the solicitation and any bodily injury
and property damage that may arise out of, or in connection with, the
solicitation.
D. Except as provided by section 4-413-4 of this article, upon receipt of an
application, the individual designated by the chief of police shall forthwith issue
the person a certificate of registration. The chief of police shall issue a certificate
of registration to any village law enforcement personnel, firefighters, or other
persons employed by the village to protect the public safety, that desire to
engage in solicitation for a charitable organization in the designated vehicular
lanes of any public roadway no later than five business days after receiving a
fully and accurately completed application and supplemental application as
required by Subsection 4-46-2.
4-413-5: REGULATIONS:
A. Duty To Leave Premises On Request: No person shall engage in solicitation..
upon any premises or at any residence after having been asked by an owner or
occupant thereof to leave such premises or residence.
Ordinance 2012-LC-SOL-G-974
Solicitation Regs.for Public Safety Personnel
Page 3 of 4
B. Duty To Honor No Soliciting Signs: No person shall come upon any premises nor
engage in solicitation upon any premises or at any residence located thereon, if
such premises or residence is posted against solicitation by means of a notice,
prominently displayed, upon which is printed the legend, "No Solicitors or
Peddlers", or substantially similar language. Said posting shall be exhibited at or
near the main entrance to the premises or on or near the main door to any
residence located thereon, and shall consist of a sign at least two inches by four
inches (2" x 4") in size, which bears the above legend in letters at least one-third
inch (1/3") in height. Alternatively, said posting shall be clearly visible at all
entrances to any subdivision having only private streets, provided all residents in
the subdivision consent to the erection of"No Solicitors"sign(s)which bear(s)the
above legend in letters at least three inches (3") in height. Signs complying with
the foregoing requirements shall be made available at no cost at the office of the
village clerk in the village hall.
C. Fraudulent Misrepresentation: No person who engages in noncommercial
solicitation shall use any plan, scheme or ruse to make any statement which
indicates or implies that the purpose of such person's visit is other than to
engage in noncommercial solicitation.
D. Duty To Wear Registration Cards: Every person issued a certificate or any
individual soliciting for such person shall wear conspicuously on the outside of
his outer garments a registration card provided by the village. Such card shall
include at least the following information printed legibly: the name of the
individual issued the certificate of registration, the name and phone number of
the person (organization) for whom the individual is soliciting, the purpose of the
solicitation, and the date of the expiration of the card. Each card shall also
contain a statement indicating that the card is not an endorsement by the village
or any of its employees. Cards issued under this article shall be nontransferable.
E. Time Limits: No person shall engage in noncommercial solicitation at any time
prior to nine o'clock (9:00) A.M. or after nine o'clock (9:00) P.M., local time...,
except as provided for in Subsection 4-413-5(F).
F. Solicitation in Public Roadways. No person may engage in noncommercial
solicitation in the designated vehicular lanes of any public roadway, as defined by
the Illinois Vehicle Code, with the sole exception of Village law enforcement
personnel, firefighters, or other persons employed by the Village to protect the
public safety who have received a certificate of registration from the chief of
police. All solicitation in the designated vehicular lanes of any public roadway will
be subject to the following regulations to protect and preserve public safety:
1. No person engaging in solicitation may impede the flow of vehicular or
pedestrian traffic in the public roadway or otherwise create an undue risk
to the safety of themselves or the general public.
2. No person engaging in solicitation may use any sound producing or
amplifying device, flag, banner, balloon, or other form of attention getting
device which could district drivers or otherwise create a hazard.
3. No more than four persons may simultaneously engage in solicitation at
any intersection in the Village.
4. No person may engage in solicitation at any time prior to sunrise or after
sunset.
Ordinance 2012-LC-SOL-G-974
Solicitation Regs.for Public Safety Personnel
Page 4 of 4
Section 3: Amendment to Section 6-1-4. Section 6-1-4, entitled "Offenses Relating to Public
Property" of Chapter 1, entitled "Miscellaneous Offenses", of Title 6, entitled "Police Regulations," of the
Village Code shall be amended further, and shall read as follows:
6-1-4: OFFENSES RELATING TO PUBLIC PROPERTY:
A. Obstructing Streets Or Sidewalks: It shall be unlawful for any person without prior
authorization by the Village Manager or his designee to engage in any game,
sport, amusement, business or exhibition upon the streets or sidewalks, which
shall collect any crowd of persons so as to interfere with the passage of vehicles
or of persons passing along the streets or sidewalks. This prohibition shall not
apply to noncommercial solicitation for a charitable organization by Village law
enforcement personnel, firefighters, or other persons employed by the Village to
protect the public safety as specifically permitted pursuant to Article B of Chapter
4 of Title 4 of this Code.
Section 4: Severability- If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 10th day of July, 2012.
��
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of July, 2012.
Ayes: Trustees Aktipis, Manzo, Mov, Wolin, Yusuf and Zannis
Nays: None
Absent: NnnP -
� OF 044 ATTEST:
A € +1 Charlotte K. Pruss
FIB Village Clerk