For the purpose of this chapter, the following words as used
herein shall be construed to have the meanings herein ascribed thereto,
to-wit:
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.
Shall mean and include every separate living unit occupied
for residential purposes by one or more persons, contained within
any type of building or structure.
Shall mean and include any one or more of the following activities:
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
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 within this municipality is hereby required to make written
application for a certificate of registration as hereinafter provided.
All resident charitable, nonprofit organizations in this municipality
which have been in existence for six months or longer shall be exempt
from the provisions of this article.
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 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 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 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.
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All statements made by the applicant upon the application or
in connection therewith shall be under oath.
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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.
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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.
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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.
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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) United
States 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.
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. If no determination is made as is provided in Section 7-2-6 hereof, then in that event, registration is not required.
(A)
Charitable institutions. All resident charitable organizations in
this municipality which have been in existence for six months or longer
shall register all solicitations and shall be exempt from registration
thereafter.
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 Subsection (B) of this section.
(B)
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 and containing
the applicable words, as follows:
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“ONLY REGISTERED SOLICITORS INVITED”
OR
“NO SOLICITORS INVITED”
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(C)
The letters shall be at least 1/3 inch 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.
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.
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.
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 10:00 a.m. or after 5:00 p.m. of any weekday
or at any time on a Sunday or on a state or national holiday.
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, as amended.
(B)
Solicit only at intersections where all traffic from all directions
is required to come to a full stop.
(C)
Be engaged in a statewide 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 16 years
of age and shall wear a high-visibility vest.
(F)
Solicit only during daylight hours.
