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Aurora, Illinois

File #: 20-0391    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 7/16/2020 In control: City Council
On agenda: 8/11/2020 Final action: 8/11/2020
Title: An Ordinance amending Chapter 32 of the Code of Ordinances, City of Aurora, pertaining to Peddling and Solicitation.
Attachments: 1. Sample Draft Suggested Temporary Rules
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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 ...

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