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HomeMy WebLinkAboutOrdinances - 21-57 - 11/01/2021 - Solicitors CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-57 Repealing and Replacing Title 4: Business and License Regulations, Chapter 13: Solicitors, of the City of McHenry’s Municipal Code Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois November 1, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City nd of McHenry, McHenry County, Illinois this 2 day of November, 2021. ORDINANCE NO. 21-57 Repealing and Replacing Title 4: Business and License Regulations, Chapter 13: Solicitors, of the City of McHenry’s Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Title 4: Business and License Regulations, Chapter 13: Solicitors, shall be fully repealed and replaced in its entirety and restated as referenced in Exhibit A attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 1st day of November, 2021. Ayes Nays Absent Abstain Alderman Devine __x__ _____ _____ _____ Alderman Glab __x__ _____ _____ _____ Alderman Harding __x__ _____ _____ _____ Alderman McClatchey _____ _____ __x__ _____ Alderwoman Miller __x__ _____ _____ _____ Alderman Santi __x__ _____ _____ _____ Alderman Strach __x__ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk “Exhibit A” TITLE 4: BUSINESS AND LICENSE REGULATIONS * * * CHAPTER 13: SOLICITORS 4-13-1 Purpose 4-13-2 Definitions 4-13-3 Registration Required; Exemption; Application 4-13-4 Term; renewal 4-13-5 Regulations 4-13-6 Penalties for Violation of This Chapter 4-13-1: PURPOSE A. The City of McHenry has a legitimate interest in preventing fraud, protecting the privacy of its residents, preventing crime and conserving the resources of its police department. This Chapter is intended to apply to the solicitation of funds and is not intended to interfere with the exercise of free speech and the free exercise of rights protected under the First Amendment (i.e., religious proselytizing, anonymous political speech, the distribution of hand bills, and freedom of the press). It is further declared to be the policy of the City that the residents of the City have the right to determine whether any solicitor shall be invited to their residence. B. The business and operation of any solicitor in conformance with the terms of this Article shall not be interpreted to be an endorsement of any solicitor by the City, its elected officials or its employees. 4-13-2: DEFINITIONS For the purpose of this Article, the following words and phrases shall have the following meanings: PERSON: Any individual, organization, group, association, partnership, corporation, trust, or any combination thereof. RESIDENCE: Every separate living unit occupied for dwelling purposes by one or more persons, contained within any type of building or structure, including the common areas inside multiple dwelling buildings. SOLICIT OR SOLICITING: The act of engaging in solicitation. SOLICITATION: The act of seeking to a) solicit funds or b) to propose or engage in a commercial transaction involving a sale, an offer for a sale, delivery of a commercial good or service, or a commercial exchange, subscription, or any similar transaction, except, as to both items a) and b) of this definition, when such activity is conducted within a building zoned to permit such activity and under the ownership and control of the solicitor. Solicitation does not mean political or religious activities such as religious proselytizing or the sale of religious materials, the collection of signatures by political organizations or individuals in support of candidates for public office or referendum questions to be submitted to the voters, or otherwise engaging in political activities related to specific individuals, issues, political parties or political action groups. Solicitation does not mean freedom of press activities such as solicitation of newspapers or other publications. SOLICITOR: Any person engaged in solicitation. 4-13-3 REGISTRATION REQUIRED; EXEMPTION; APPLICATION A. Except as otherwise provided in this section, it shall be unlawful for any person desiring to engage in solicitation within the City without having registered with the City and obtained a certificate of registration from the City as provided herein. B. Persons under the age of fifteen (15) years engaged in solicitation within the City shall not be required to register with the City. However, any such person shall comply with all other applicable provisions of this section. C. Application for a registration shall be made to the City upon a form prescribed by the City and payment of an application fee of $250. The person shall truthfully state in full all of the required information in the application. 4-13-4 TERM; RENEWAL Each registration shall be in effect for no more than thirty (30) days. 4-13-5 REGULATIONS All solicitors shall comply with the following 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. B. Duty to honor no soliciting signs. No person shall enter 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 Soliciting", 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. C. Fraudulent misrepresentation and misstatement prohibited. No person shall cheat, deceive, or fraudulently misrepresent, whether through himself or through an employee or representative, while soliciting in the City. D. Duty to wear badges. Every person issued a certificate of registration or any individual soliciting for such person shall wear conspicuously on the outside of his or her outer garments a solicitation badge provided by the City. Such badge shall include at least the following information printed legibly: the name of the individual issued the badge, the organization registered with the City, the purpose of the solicitation, and the date of the expiration of the registration. Each badge shall also contain a statement indicating that the card is not an endorsement by the City or any of its employees. Badges issued under this section shall be nontransferable. E. Restrictions on individuals who may solicit. No person shall use any individual for solicitation as herein defined unless such individual is listed on that person's application. F. Time limits. Except as otherwise provided herein, no person shall engage in solicitation as herein defined from March through September at any time prior to 9:00 a.m. or after 8:00 p.m. and from October through February at any time prior to 9:00 a.m. or after 5:00 p.m. G. Immediate Identification. Every solicitor shall immediately identify himself/herself and the purpose of the solicitation to each person being solicited. H. Impeding Traffic Prohibited. No person shall solicit anywhere in the City in a manner that completely or substantially impedes the flow of pedestrian or vehicular traffic in, on or around any sidewalk or public property, way or place. No person engaged in solicitation shall have the exclusive right to any sidewalk or other public property, way or place, nor the right to establish a permanent stationary location for such solicitation. I. Soliciting from vehicles. No person shall stand on any street or highway within the City for purposes of soliciting from the occupant of any vehicle except as set forth in 65 ILCS 5/11-80-9. J. Public Health and Safety. No person shall engage in solicitation within the City in such a manner that creates a danger or threat of any kind to the public health, safety and welfare. 4-13-6 PENALTIES FOR VIOLATION OF THIS SECTION Any person who violates any of the provisions of this Chapter shall be subject to the penalties set forth in the City’s Municipal Code.