Peddler/Solicitors

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ARTICLE II - SOLICITORS

            7-2-1                    DEFINITIONS. For the purpose of this Chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto, to-wit:

“REGISTERED SOLICITOR”shall mean and include any person who has obtained a valid Certificate of Registration as hereinafter provided, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.

“RESIDENCE”shall mean and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.

“SOLICITING”shall mean and include any one (1) or more of the following activities:

          (A)               Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatsoever, for any kind of consideration whatsoever or;

          (B)               Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character or;

          (C)               Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication or;

          (D)               Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation or project.

            7-2-2                    CERTIFICATE OF REGISTRATION.  Every person desiring to engage in soliciting as herein defined from persons within this municipality is hereby required to make written application for a Certificate of Registration as hereinafter provided.

            7-2-3                    APPLICATION FOR CERTIFICATE OF REGISTRATION. Applications for a Certificate of Registration shall be made upon a form provided by the Chief of Police of this municipality and filed with such Chief.  The applicant shall truthfully state in full the information requested on the application, to-wit:

          (A)               Name and address of present place of residence and length of residence at such address; also, business address if other than residence address; also, Social Security Number.

          (B)               Address of place of residence during the past three (3) years if other than present address.

          (C)               Age of applicant and marital status; and if married, the name of spouse.

          (D)               Physical description of the applicant.

          (E)               Name and address of the person, firm or corporation or association with whom the applicant is employed or represents; and the length of time of such employment or representation.

          (F)               Name and address of employer during the past three (3) years if other than the present employer.

          (G)               Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.

          (H)               Period of time for which the Certificate is applied.

          (I)                The date or approximate date of the latest previous application for a Certificate under this Chapter, if any.

          (J)               Has a Certificate of Registration issued to the applicant under this Chapter ever been revoked?

          (K)               Has the applicant ever been convicted of a violation of any of the provisions of this Code or the regulations of any other Illinois municipality regulating soliciting?

          (L)               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?

          (M)              The last three (3) municipalities where the applicant carried on business immediately preceding the date of application in this municipality and the address from which such business was conducted in those municipalities.

          (N)               Also, such additional information as the Chief of Police may deem necessary to process the application.

          All statements made by the applicant upon the application or in connection therewith shall be under oath.

          The Chief of Police shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all Certificates of Registration issued under the provisions of this Chapter and of the denial of applications.

          Applications for Certificates issued shall be numbered in consecutive order as filed, and every Certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.

          No Certificate of Registration shall be issued to any person who has 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 within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this Chapter, nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provided.

            7-2-4                    ISSUANCE AND REVOCATION OF CERTIFICATE. 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 Code.  Endorsement shall be made by the
Chief of Police upon the application of the denial of the application.  When the applicant is found to be fully qualified, the Certificate of Registration shall be issued forthwith.

          Any Certificate of Registration issued hereunder shall be revoked by the Chief of Police if the holder of the Certificate is convicted of a violation of any provision of this Chapter, or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a Certificate of Registration under the terms of this Chapter.  Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the Certificate in person or by certified [return receipt requested] U. S. Mail, addressed to his or her residence address set forth in the application.  Immediately upon the giving of such notice, the Certificate of Registration shall become null and void.

          The Certificate of Registration shall state the expiration date thereof.

          7-2-5          POLICY ON SOLICITING.  It is declared to be the policy of this municipality that the occupant or occupants of the residences in this municipality shall make the determination of whether solicitors shall be or shall not be invited to their respective residences.

          7-2-6          NOTICE REGULATING SOLICITING. Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this Article shall comply with the following directions:

          (A)               Notice of the determination by the occupant of giving invitation to solicitors or the refusal of invitation to solicitors to any residence shall be given in the manner provided in paragraph (B) of this section.

          (B)               A weatherproof card, approximately three inches by four inches (3” x 4”) in size shall be exhibited upon or near the main entrance door to the residence indicating the determination by the occupant and containing the applicable words, as follows:

“ONLY REGISTERED SOLICITORS INVITED”

OR

“NO SOLICITORS INVITED”

          (C)               The letters shall be at least one-third inch (1/3”) in height.  For the purpose of uniformity, the cards shall be provided by the Chief of Police to persons requesting the same, at the cost thereof.

          (D)               Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

            7-2-7                       COMPLIANCE BY SOLICITORS. It is the duty of every solicitor upon going onto any premises in this municipality upon which a residence as herein defined is located to first examine the notice provided for in Section 7-2-6 if any is attached and be governed by the statement contained on the notice.

          If the notice states “ONLY REGISTERED SOLICITORS INVITED,” then the solicitor not possessing a valid Certificate of Registration as herein provided for shall immediately and peacefully depart from the premises; and if the notice states, “NO SOLICITORS INVITED,” then the solicitor, whether registered or not shall immediately and peacefully depart from the premises.

          Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

            7-2-8                    UNINVITED SOLICITING PROHIBITED.  It is declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 7-2-6.

            7-2-9                    TIME LIMIT ON SOLICITING.  It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 8:00 A.M. or after 7:00 P.M. of any weekday or at any time on a Sunday or on a State or National holiday.  (Ord. No. 11-11; 06-27-11)

            7-2-10        SOLICITATIONS ON PUBLIC HIGHWAYS. Charitable organizations shall be allowed to solicit upon public highways under the following terms and conditions:

          (A)               The charitable organization must be one that is registered with the Attorney General for the State of Illinois as a charitable organization as provided by "An Act to Regulate Solicitation and Collection of Funds for Charitable Purposes, Providing for Violations Thereof, and Making an Appropriation Therefor," approved July 26, 1963, asamended.

          (B)               Solicit only at intersections where all traffic from all directions is required to come to a full stop.

          (C)               Be engaged in a state-wide fund-raising activity.

          (D)               Be liable for any injury to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.


          (E)               Any person so engaged in such solicitation shall be at least sixteen (16) years of age and shall wear a high visibility vest.

          (F)               Solicit only during daylight hours.

          (G)               Any one charitable organization shall be limited to conducting no more than two (2) solicitations per calendar year.

(See 626 ILCS Sec. 5/11-1006)

          7-2-11        FEES AND BOND.  Upon making an application for a Certificate, the applicant shall pay a license fee, which shall be as follows:

          (A)               Daily License:                          $10.00 per person.

          (B)               Semi-Annual License:             $100.00 per person.

          (C)               Annual License:                       $175.00 per person.

          (D)               See Appendix “F” for permit form.

          (E)               Police Fee:  A fee of Twenty-Five Dollars ($25.00) shall be assessed to each applicant to cover the expense of an investigation.

          (F)               A surety bond of One Thousand Dollars ($1,000.00) shall be provided by the applicant.

          (G)               The Council has the authority to waive the bond and fee.

(Ord. No. 11-11; 06-27-11)

(See 65 ILCS Sec. 5/11-42-5)


ARTICLE III - PEDDLERS

          7-3-1          LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to engage in the business of hawker or peddler of any merchandise, article or thing without having first secured a license therefor.

          7-3-2          DEFINITION.  “Peddle” shall mean the selling, bartering, or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways, or public places of this municipality or from house-to-house, whether at one place thereon or from place-to-place, from any wagon, truck, pushcart, or other vehicle or from movable receptacles of any kind, but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items.  Nor shall 'peddle' be taken to include the solicitation of orders by sample where the goods are not delivered at the time the order is taken.

          7-3-3          APPLICATIONS.  A person desiring a license may obtain the same by filing application with the Clerk and providing the following basic information:

          (A)               Name and physical description of applicant.

          (B)               Permanent home and address and local address if operating from such an address.

          (C)               A brief description of the business and of the goods to be sold.

          (D)               Name and address of the employer, if any.

          (E)               The length of time for which the right to do business is desired.

          (F)                Evidence that the agent is acting on behalf of the corporation he represents.

          (G)               Statement of the applicant's criminal record other than a traffic record.

          (H)               The last three (3) municipalities where the applicant carried on business immediately preceding the date of application to this municipality and the address from which such business was conducted in those municipalities.  (See form in the Appendix)

          7-3-4          INVESTIGATION OF APPLICANTS.  Upon receipt, said application shall be referred to the Chief of Police who shall conduct a business and background investigation of the applicant.  If the facts show the applicant unfit to receive the license, then it shall be denied.  (Ord. No. 11-11; 06-27-11)


          7-3-5          HOURS.  It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Code or not, to engage in peddling as herein defined prior to 8:00 A.M. orafter 7:00 P.M. of any weekday or at any time on a Sunday or on a State or National holiday.  (Ord. No. 11-11; 06-27-11)

          7-3-6          FRAUD. No licensed peddler or hawker shall be guilty of any fraud, cheating or misrepresentation, whether through himself or through an employee while acting as a peddler in this municipality, or shall barter, sell or peddle any goods or merchandise or wares other than those specified in his application for a license.

          7-3-7          PHOTOGRAPHS. Two (2) photographs of the applicant and such of its employees as will be used in the peddling or merchandising, taken within sixty (60) days immediately prior to the filing of the application, which pictures shall be two inches by two inches (2' x 2'), showing the head and shoulders of the applicant or its agent(s) and/or employee(s) in a clear and distinguishing manner.

            7-3-8          UNWANTED PEDDLING.  Nothing contained in this Chapter, nor the issuance of any license hereunder shall entitle the licensee to go in or upon any private residence for the purpose of peddling if such licensee, his agents or employees are directed to depart from said private residence by the owner or person in charge thereof.

            7-3-9          PEDDLERS AS NUISANCE.  The practice of going in and upon private residences, business establishments or offices in the municipality by peddlers, hawkers, itinerant merchants and transient vendors of merchandise without having been requested or invited to do so by the owner or owners, occupant or occupants of said private residences and business establishments or offices for the purpose of disposing of and/or peddling or hawking of merchandise is hereby declared to be a nuisance and is punishable as a violation of this Code.  No person shall peddle in a public square.

            7-3-10        DUTY OF POLICE TO ABATE. The Police Department of this municipality is hereby required and directed to suppress the same and to abate any such nuisance as described in Section 7-3-9.

            7-3-11        EXCLUSIONARY PROVISION. The provisions of this Article shall not apply to persons employed or representing an established merchant, business firm, or corporation located and regularly doing business in the municipality or to farmers selling any food items raised or produced by themselves and/or to permanently established residents who are voters in the municipality or anyone duly licensed.

          7-3-12        FEES. The license fees per person to be charged for licenses to peddle in this municipality, each payable in advance, are hereby fixed and established as follows:

          (A)               Daily License:                $100.00 for six (6) months

          (B)               Annual License:             $175.00

          (C)               Form.  The license form is found in Appendix “F”.

          (D)              Police Fee.  A fee of Twenty-Five Dollars ($25.00) shall be assessed each applicant to cover the cost of an investigation.

          (E)               The Council has the authority to waive the fee.

(Ord. No. 11-11; 06-27-11)
(See 65 ILCS Sec. 5/11-42-5)