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O-52-12 08-13-12VILLAGE OF LEMONT ORDINANCE NO. a - 5a - /a.- AN ORDINANCE AMENDING CHAPTER 5 OF THE LEMONT, ILLINOIS MUNICIPAL CODE RELATING TO SOLICITATION ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 13th DAY OF August, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 13th day ofAugust, 2012. ORDINANCE NO. An Ordinance Amending Chapter 5 of the Lemont, Illinois Municipal Code Relating to Solicitation WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; WHEREAS, the Village wishes to amend the Village Code of the Village of Lemont relating to solicitation within its jurisdiction pursuant to § 11 -80 -9 of the Illinois Municipal Code (65 ILCS 5/11- 80 -9); and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows.: SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: The Lemont, Illinois Municipal Code ( "Village Code "), as amended, is hereby further amended with deletions shown in strike through text and additions shown in underlined text, so that the same shall be read as follows: 5.74.030 Registration -- Application -- Contents. A. Application for a certificate of registration for solicitation in the public way shall be upon a form provided by the chief of police of the village, and filed with the chief not later than 10 business days before the date that the solicitation is to begin. Applications for solicitation in the public way shall be limited to charitable and non -profit organizations. The applicant shall truthfully state in full the information requested on the application, as follows: 1. Name and address of the entity; 2. Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in; 3. The date or dates and times of day when the solicitation is to occur• 4. The location or locations where the solicitation is to occur; 5. The manner and conditions under which the solicitation is to occur; 6. Proof of a valid liability insurance policy in the amount of at least $1,000,000 insuring the applicant against bodily injM and property damage arising out of or in connection with the solicitation. 7. Also, such additional information as the chief of police may deem necessary to process the application. ik& Application for a certificate of registration of solicitation not to occur on the public way, shall be upon a form provided by the chief of police of the village, and filed with the chief not later than 10 business days before the date that the solicitation is to begin. The applicant shall truthfully state in full the information requested on the application, as follows: 1. Name and address of present place of residence, and length of residence at such address; also, business address if other than residence address; 2. Address of place of residence during the past three years, if other than present address; 3. Age of the applicant and marital status; if married, the name of the spouse; 4. Physical description of the applicant; 5. Name and address of the person, firm or corporation or association whom the applicant is employed by or represents, and the length of time of such employment or representation; 6. Name and address of employer during the past three years, if other than the present employer; 7. Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in; 8. The date or dates and times of day when the solicitation is to occur; 9. The date, or approximate date, of the latest previous application for a certificate under this chapter, if any; NA 10. Has a certificate of registration issued to the applicant under this chapter ever been revoked; 11. Has the applicant ever been convicted of a violation of any of the provisions of this chapter, or the ordinance of any other Illinois municipality regulating soliciting; 12. Has the applicant ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 13. The location or locations where the solicitation is to occur, 14. The manner and conditions under which the solicitation is to occur; 4-3 -15. Also, such additional information as the chief of police may deem necessary to process the application. AC. All statements made by the applicant upon any application or in connection therewith shall be under oath. ED. The chief of police shall require every applicant to submit to fingerprinting by the police department of the village in connection with the application for certificate. 5.74.050 Registration -- Certificate issuance. A. The chief of police, after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such certificate as herein required, and that the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter. Endorsement shall be made by the chief of police, upon the application, of the denial of the application. When the applieapA is found to be fully qualified, the eei4ifieate of r-egisty-afieft s1191 be issued f ,.'h ,,, -411 Approval of an application that meet the above requirements will be provided within 5 business days after the filing date of the application. The chief of police may, as a condition of its approval, impose reasonable conditions in writing that are based on articulated public safety concerns. B. The certificate of registration shall state the expiration date thereof. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. 3 SECTION 4: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid_ SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 13th day of August, 2012. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: CHARLENE M. SMOLLEN Village Clerk 4 ABSENT: ABSTAIN CIA . REAVES President