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TO: Mayor Richard C. Irvin
FROM: Jennifer Stallings - City Clerk
DATE: July 16, 2020
SUBJECT:
Requesting an amendment to Chapter 32 of the Code of Ordinances of the City of Aurora with respect to peddlers and solicitors to allow for the city clerk to adopt temporary rules to regulate the actions of permitted peddlers and solicitors and to protect the health, safety, and welfare of the residents of the City of Aurora.
PURPOSE:
To provide a mechanism for the implementation of supplemental or temporary regulations with respect to peddlers and solicitors in the City of Aurora when said regulations are required in order to protect the health, safety, and welfare of the residents of the City of Aurora while protecting the First Amendment rights of solicitors, distributors, canvassers and peddlers operating within the City.
BACKGROUND:
Chapter 32 of the Code of Ordinances of the City of Aurora provides rules for peddlers and solicitors to obtain the appropriate permit for purposes of soliciting in the City, as well as guidelines that must be followed when conducting permitted solicitation. On March 16, 2020, a state of emergency was declared to exist in the City of Aurora in response to COVID-19. On March 20, 2020, pursuant to said declaration, Mayor Irvin suspended all peddlers and solicitors permits in the City of Aurora. While the suspension remains in place, it cannot remain in place indefinitely. With the City well into "Phase 4" of the Department of Public Health's Restore Illinois Program, the balance we initially achieved between the health and safety of our residents against the First Amendment rights of peddlers and solicitors is not the same as it was in March.
DISCUSSION:
Chapter 32 is currently silent with respect to the implementation of additional regulations beyond those specifically authorized by the Code. As our experience with COVID-19 has taught us, it is sometimes necessary to be flexible, and this limited rulemaking authority for the clerk respects the responsibilities of the City Council to establish policies and the responsibility of the administrative staff to interpret and execute those policies. With particular focus on COVID-19, the ordinance would allow the clerk to by rule require that permittees and registrants adhere to appropriate social distancing and other precautions while engaged in their door-to-door activities.
IMPACT STATEMENT:
This amendment will allow for the City Clerk to expeditiously implement temporary or supplemental regulations as necessary for the protection of the public health, safety, and welfare of the residents of the City of Aurora and to protect the First Amendment rights of solicitors, distributors, canvassers and peddlers operating within the City.
RECOMMENDATIONS:
I request the proposed ordinance be approved.
cc: Rules, Administration, and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 32 of the Code of Ordinances, City of Aurora, pertaining to Peddling and Solicitation.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City has adopted Chapter 32 of the Code of Ordinances, City of Aurora ("City Code") regulating the time, place, and manner in which solicitors, distributors, canvassers, and peddlers may operate within the City; and
WHEREAS, Chapter 32 establishes a registration program for persons wishing to engage in peddling, soliciting, or charitable soliciting, and vests in the City Clerk, primary authority for the administration of the program; and
WHEREAS, from time-to-time, it may be necessary for the City to adopt temporary or supplemental regulations pertaining to such activities to further protect the health, safety, and welfare of City residents, to protect against fraudulent solicitations, to protect and promote the quiet enjoyment of property for City residents, and to facilitate the registration program established in Chapter 32; and
WHEREAS, the Council finds that vesting the Clerk with the authority to enact said temporary or supplemental regulations, which are no less restrictive than those set forth in Chapter 32 is necessary and convenient to accomplish the purposes of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 32 of the City Code shall be and hereby is amended by creating Sec. 32-7 as follows:
Sec. 32-7 - Supplemental and Temporary Regulations.
(a) The clerk may from time-to-time adopt supplemental or temporary regulations in addition to those regulations set forth in Sec. 32-6 and elsewhere in this chapter, provided that they are consistent with the purposes of the registration program set forth in this article. Supplemental or temporary regulations adopted by the clerk under this section shall be no less restrictive than any of the provisions of this chapter.
(b) Upon the enactment of any supplemental or temporary regulation, the clerk shall immediately provide a copy of said regulation to all persons permitted or registered under this chapter and notify the same of the effective date of the regulation, which shall not be less than five (5) business days following its adoption by the clerk. The clerk shall provide a copy of the supplemental or temporary regulation to the mayor and each member of the city council and cause the same to be posted upon the city's official website.
(c) Whenever a public health authority with jurisdiction over the city determines that in-person door-to-door peddling or solicitation poses an immediate threat to the public health and welfare of the community, and issues such finding in writing, the clerk is authorized to suspend the registration program set forth in this chapter in its entirety until such time as the public health authority determines that the threat is no longer present or may be safely mitigated by appropriate regulations.
(d) For the purposes of article iv of this chapter, a violation of any supplemental or temporary rule duly adopted pursuant to this section shall constitute a violation of the provisions of this chapter.
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BE IT ORDAINED, that Sec. 32-3 (b) of the City Code shall be and hereby is amended by replacing the words "government operations" with "public health, safety, and transportation;" and further
BE IT ORDAINED, that the Clerk shall forthwith publish a copy of this ordinance in pamphlet form; and further
BE IT ORDAINED, that pursuant to Sec. 1-2-4 of the Illinois Municipal Code, an urgency exists such that this ordinance shall become effective immediately upon its adoption.