[HISTORY: Adopted by the City Council of
the City of Lexington 2-23-1998 by Ord. No. 1998-3 (Ch. 6, Art. 4, §§ 6.14
through 6.24, of the 1998 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes 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.
Includes every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building
or structure.
Includes any one or more of the following activities:
Seeking to obtain orders for the purchase of
goods, wares, merchandise, foodstuffs of services of any kind, character
or description whatever, for any kind of consideration whatever; or
Seeking to obtain prospective customers for
application or purchase of insurance of any type, kind or character;
or
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type or kind of publication;
or
Seeking to obtain gifts or contributions of
money, clothing or any other valuable thing for the support or benefit
of any charitable or nonprofit association, organization, corporation,
or project.
Every person desiring to engage in soliciting
as herein defined from persons in residences within this municipality
is hereby required to make written application for a certificate of
registration as hereinafter provided.
[Amended 8-8-2016 by Ord.
No. 2016-6]
Application for a certificate of registration shall be made
upon a form provided by the City Clerk of this municipality and filed
with such Clerk.
A.
The applicant shall truthfully state in full the information requested
on the application, specifically:
(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 applicant.
(4)
Physical description of the applicant.
(5)
Name and address of the person, firm or corporation or association
by whom the applicant is employed or whom he 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 in which the applicant will engage.
(8)
Period of time for which the certificate is applied for.
(9)
The date, or approximate date, of the latest previous application
for a certificate under this chapter, if any.
(10)
Whether a certificate of registration issued to the applicant
under this chapter has ever been revoked.
(11)
Whether the applicant has ever been convicted of a violation
of any of the provisions of this chapter, or the ordinance of any
other Illinois municipality regulating soliciting together with a
list of all such convictions.
(12)
Whether the applicant has 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 together with a list of all such
convictions.
B.
Solicitors shall pay a fee of $50 per week for each week the solicitor
will be conducting business in the City.
C.
All statements made by the applicant upon the application or in connection
therewith shall be under oath. Upon receipt of a fully completed application
submitted in compliance with this chapter, the City Clerk or any designee
of such Clerk shall promptly forward the application to the Chief
of Police who shall within one business day thereafter conduct a criminal
background check on the applicant. The City Clerk shall within two
business days after receipt of the application either approve the
application and issue a certificate of registration or deny the application.
In the event of denial, the City Clerk or the designee of the Clerk
shall provide written notice of the denial to the applicant.
D.
The City Clerk 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.
E.
Applications for certificates 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.
F.
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 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.
A.
The City Clerk, 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 upon finding 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 of the denial of the application
shall be made by the City Clerk upon the application. When the applicant
is found to be fully qualified, the certificate of registration shall
be issued forthwith.
B.
Any certificate of registration issued hereunder shall
be revoked by the City Clerk if the holder of the certificate is convicted
of a violation of any of the provisions 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 City Clerk to the holder of the
certificate in person or by certified 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.
C.
The certificate of registration shall state the expiration
date thereof.
It is hereby declared to be the policy of the governing body 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. If no determination is made as provided in § 140-6, then in that event registration is not required.
A.
Every person desiring to secure the protection intended
to be provided by the regulations pertaining to soliciting contained
in this chapter shall comply with the following directions.
B.
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 following:
(1)
A weatherproof card, approximately three inches by
four inches in size, shall be exhibited upon or near the main entrance
door to the residence, indicating the determination by the occupant,
containing the applicable words, as follows: "ONLY SOLICITORS REGISTERED
IN LEXINGTON INVITED" or "NO SOLICITORS INVITED."
(2)
The letters shall be at least one-third inch in height.
For the purpose of uniformity, the cards shall be provided by the
Chief of Police to persons requesting them, at the cost thereof.
(3)
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.
A.
It shall be the duty of every solicitor upon going into any premises in the municipality upon which a residence as herein defined is located to first examine the notice provided for in § 140-6 of this chapter, if any is attached, and be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS REGISTERED IN LEXINGTON INVITED," then the solicitor not possessing a valid certificate of registration as herein provided 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.
B.
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.
It is hereby 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 § 140-6 of this chapter.
[Amended 6-14-2010 by Ord. No. 2010-4]
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 9:00 a.m. or after sundown of any weekday
or Saturday, or at any time on a Sunday or on a state or national
holiday.
[Amended 6-14-2010 by Ord. No. 2010-4]
Any person violating any of the provisions of
this chapter shall, upon conviction, be subject to a fine in an amount
not to exceed $750 for each offense.
