[HISTORY: Adopted by the Board of Trustees of the Village
of Coal City 10-22-2007 by Ord. No. 07-26. Amendments noted where
applicable.]
GENERAL REFERENCES
Pedestrians — See Ch. 74.
It shall be the policy of the Village that no person shall be
entitled to solicit within the Village for any reason except in compliance
with this chapter.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
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, including distribution of commercial
pamphlets, for the purchase of goods, wares, merchandise, foodstuffs,
services, of any kind, character or description whatsoever, for any
kind of consideration whatsoever;
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character;
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publications; 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 or corporation.
Any person who has obtained a valid permit as hereinafter
provided, and which permit is in the possession of the solicitor on
his or her person while engaged in soliciting.
[Amended 7-27-2016 by Ord. No. 16-16]
A.
It shall be unlawful for any person, except those expressly exempted
in this chapter, to engage in the business or activity of solicitation
in the Village without having first applied for, obtained, and maintained
a valid solicitor's permit as hereinafter provided. A permit
shall not be issued to any person under 16 years of age.
A.
Application for a solicitor's permit shall be made in writing,
notarized, on a form provided by and filed with the Village Police
Department. Each applicant shall state the following information under
oath:
(1)
The applicant's full name, all addresses of applicant's
residence during the past two years, the length of time of the applicant's
residence at each address, and the applicant's business address
if other than his or her current residence address;
(2)
The applicant's place and date of birth, social security number,
driver's license number and state of issuance or current state
or federal identification card and physical description;
(3)
The name and address of the business or other person or entity by
whom the applicant is employed or whom the applicant represents, and
the initial date of such employment or representation;
(4)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage;
(5)
The dates for which the applicant seeks a solicitor's permit;
(6)
Information, including the date(s), regarding any prior application
or use of a solicitor's permit by the applicant in the Village,
and any revocation of a previously issued solicitor's permit
by the Village;
(7)
Information regarding any conviction of any felony or misdemeanor
involving dishonesty, theft, fraud, false statements, a threat to
public safety, or a crime involving sex offenses or offenses involving
bodily harm against persons under the laws of this state or any other
state or federal law of the United States within five years of the
date of the permit application; and
(8)
Information as to whether a solicitation permit has been previously
issued to the applicant by any other jurisdiction, and if so, whether
the permit was ever revoked.
B.
Each application shall be accompanied by a nonrefundable fee of $50
for the investigation and administration of the provisions of this
chapter.
C.
The Chief of Police may require the applicant to submit to fingerprinting.
D.
The Chief of Police shall cause to be kept in his or her offices
an accurate record of every application received and acted upon, together
with all other information and data pertaining thereto, and copies
of all solicitation permits issued under the provisions of this chapter.
Applications for permits shall be numbered in consecutive order, as
filed, and every permit issued and any renewal thereof shall be identified
with the duplicate number of the application upon which it was issued.
A.
Upon receipt of a completed application for a solicitor's permit,
the Chief of Police, or an authorized agent, shall cause an investigation
to be made as to the applicant's criminal record, if any, and
compliance with all applicable laws and ordinances of the state and
the Village. Applicants shall cooperate with such investigation and
furnish such additional information as may be reasonably requested
by the Chief of Police or an authorized agent in furtherance of said
investigation.
B.
Within five business days of receiving an application, or within
such extended time period as may be necessary, the Chief of Police,
or an authorized agent, shall issue a solicitor's permit if a
determination is made that:
(1)
The material statements made in the application are true;
(2)
The applicant has not been convicted of any felony or misdemeanor
involving dishonesty, theft, fraud, false statements, a threat to
public safety, or a crime involving sex offenses or offenses involving
bodily harm against persons under the laws of this state or any other
state or federal law of the United States, within five years of the
date of the permit application;
(3)
The applicant has not had a previously issued solicitor's permit
revoked by the Village or by any other municipality within five years
of the date of the application; and
(4)
The applicant has not been convicted of violating any provisions
of this chapter within five years of the date of application.
C.
All permits issued hereunder shall indicate the date or dates on
which such permit shall be valid, and the hours when solicitation
within the Village is permitted in accordance with the provisions
of this chapter. An expired permit may be renewed under the same terms
and conditions as the original application and will be subject to
the same fees.
If the Chief of Police, or an authorized agent, determines and
finds that the applicant has not met one or more of the above conditions,
the Chief of Police, or any authorized agents, shall deny issuance
of the solicitor's permit and shall give written notification
of such denial to the applicant. Such notice shall be delivered in
person or by U.S. mail addressed to the residence address set forth
in the permit application, stating the action taken and the reasons
supporting such action.
A.
Any solicitor's permit issued hereunder may be revoked by the
Chief of Police, or an authorized agent, if the holder of the solicitor's
permit:
(1)
Violates any of the provisions of this chapter;
(2)
Has made a false statement or misrepresentation in the permit application;
(3)
Perpetrates a fraud or misrepresentation in the course of conducting
solicitation activities;
(4)
Transfers any solicitor's permit to a person other than the
person for whom the permit was issued;
(5)
Uses or allows the use of a solicitor's permit by any person
other than the person to whom the permit was issued;
(6)
Conducts solicitation activities in an unlawful manner or in such
manner as to create a public nuisance or in such a way as to constitute
a danger to the health, safety or welfare of the public; or
(7)
Is convicted of any felony subsequent to the issuance of a solicitor's
permit.
B.
Immediately upon such revocation, written notice thereof shall be
given by the Chief of Police, or an authorized agent, to the permit
holder, in person or by U.S. mail addressed to the residence address
set forth in the permit application, stating the action taken and
the reasons supporting such action. Immediately upon the delivery
or mailing of such notice, the solicitor's permit shall become
null and void.
A.
Any person denied a solicitor's permit or whose solicitor's permit has been revoked may appeal to the Village President by filing a written notice of appeal as set forth in Subsection B.
[Amended 7-27-2016 by Ord. No. 16-16]
B.
Appeals must be taken in writing and must be filed with the Chief
of Police within 10 business days after revocation or denial of the
permit and shall contain a statement setting forth the grounds for
the appeal. The appealing party shall submit whatever documentation
he or she desires to have the Village President consider with the
written appeal.
C.
The written decision of the Village President shall be made available
to the appealing party not later than 10 business days after the Village
President receives the written appeal.
D.
The decision of the Village President is final. No new application
for a permit will be considered for six months after denial or revocation,
unless said denial or revocation is without prejudice or is conditional
and the conditions have been satisfied as determined by the Village
President.
The following are exempt from the terms and conditions of this
chapter:
A.
Persons engaged in the sale or delivery of goods, wares, foodstuffs,
merchandise or services on regularly established routes or sales or
deliveries by other persons having an established list of customers
to whom they make periodic deliveries;
B.
Persons seeking the signature of a Village resident for a zoning
or election petition;
C.
Persons engaged in solicitation at the invitation or request of the
person contacted;
D.
Solicitation related to children's activities, including, but
not limited to, Girl Scouts, Boy Scouts and youth softball/baseball
or other school activities within the Coal City School District;
E.
Charitable or nonprofit organizations and their representatives distributing
handbills or pamphlets only for the purpose of communicating issues
of general interest to the public;
F.
Religious, political or other nonprofit organizations; and
G.
Political candidates.
A.
It is hereby declared to be the policy of the Village that the occupants
of any residence located within the Village shall make the determination
of whether any solicitor shall be, or shall not be, invited to their
respective residences.
B.
Any person conducting solicitations who is not, pursuant to the provisions
contained herein, invited onto the premises of any resident or who
has obtained entrance to such premises and does not immediately and
peacefully leave the same upon being so requested by the occupant
of such premises shall be deemed a trespasser.
C.
No person, whether or not he or she has received a permit under this
chapter, shall solicit within the Village on any premises if the same
are posted against solicitation by means of a notice, prominently
displayed, bearing the words "No Solicitors," "No Trespassing" or
any other similar notice indicating in any manner that the occupants
of such premises desire not to have their right of privacy disturbed,
unless such occupant has specifically requested such solicitation.
[Amended 7-27-2016 by Ord. No. 16-16]
D.
Any premises shall be deemed to be posted against solicitation if
there is exhibited on or near the main entrance to the property, or
on or near the main doors, a sign measuring at least three inches
by four inches bearing the applicable words with letters at least
one-third inch in height.
E.
It shall be the duty of each solicitor, upon going onto any premises
in the Village upon which a residence is located, to first examine
the premises for the notice provided for in this chapter. If a notice
is posted, then the solicitor, whether or not he or she has received
a permit under this chapter, shall immediately and peaceably depart.
[Amended 7-27-2016 by Ord. No. 16-16]
A.
It is hereby declared unlawful and shall constitute an offense for
any solicitor, whether or not he or she has received a permit under
this chapter, to go in or upon any premises within the Village for
the purpose of soliciting at any time before 9:00 a.m. or after 7:00
p.m. or on any Sunday or state or national holiday.
[Amended 7-27-2016 by Ord. No. 16-16]
B.
Each solicitor who has received a valid permit hereunder shall at
all times while soliciting wear the permit on the outer clothing,
in such a way that the permit may be easily seen and read while in
the course of solicitation activities.
[Amended 7-27-2016 by Ord. No. 16-16]
C.
It shall be unlawful for any person to conduct solicitation on any
public property, way or place in a manner that completely or substantially
impedes the flow of pedestrian or vehicular traffic in, on or around
such public property, way or place.
D.
Solicitors shall conduct themselves at all times in an orderly and
lawful manner and shall not make, or cause to be made, any loud or
obnoxious noise of such volume sufficient to disturb the peace of
the residents of the Village.
E.
It shall be unlawful for any solicitor to cheat, deceive, or misrepresent
any product, service, or organization, whether individually or through
an agent or employee, while acting as a solicitor, or to sell or barter
any goods, merchandise or wares other than those specified in the
permit application.
[Amended 7-27-2016 by Ord. No. 16-16]
No person shall stand in a roadway or on a highway for the purpose of soliciting in violation of the provisions of Chapter 74, Pedestrians, § 74-7.
A.
No person shall stand in a roadway for the purpose of soliciting
a ride from the driver of any vehicle.
B.
No person shall stand on a highway for the purpose of soliciting
employment or business from the occupant of any vehicle.
C.
No person shall stand on a highway for the purpose of soliciting
contributions from the occupant of any vehicle, except upon each of
the following conditions:
(1)
In addition to the permit issued by the Chief of Police as set forth in § 115-3, the soliciting agency shall secure written approval from the Village Administrator;
(2)
The soliciting agency is registered with the Attorney General as
a charitable organization as provided by Illinois law and said soliciting
agency must be engaged in a statewide fund-raising activity;
(3)
The soliciting agency maintains liability for any injuries to any
person or property during the solicitation which is causally related
to an act of ordinary negligence of the soliciting agent;
(4)
Any person engaged in the act of solicitation shall be 16 years of
age or more and shall be wearing a high-visibility vest;
(5)
Prior to the issuance of a permit, the soliciting agency shall provide
the Village with a certificate of liability insurance naming the Village
as an additional party insured;
(6)
The solicitation shall be permitted only on a highway at intersection
where all traffic is required to come to a full stop unless otherwise
permitted by approval of the Village Board; and
(7)
In no instance shall the solicitation interfere with the operation
of official traffic control devices.
[Added 12-10-2012 by Ord.
No. 12-29]
Notwithstanding any other provision of this chapter, a charitable
organization or institution organized and operated to benefit an indefinite
number of the public may solicit for charitable purposes, including
solicitations on public roadways from passing motorists, if all of
the following requirements are met:
A.
The persons
engaged in the solicitation are law enforcement personnel, firefighters,
or other persons employed to protect the public safety of the Village
of Coal City, and the solicitation occurs within the boundaries of
the Village.
B.
The charitable
organization files an application with the Village not later than
10 business days prior to the date the solicitation is to begin, which
application shall include all of the following:
(1)
The
date or dates and times of day when the solicitation is to occur.
(2)
The
location or locations where the solicitation is to occur.
(3)
The
manner and conditions under which the solicitation is to occur.
(4)
Proof
of a valid liability insurance policy in the amount of at least $1,000,000
insuring the charity or the Village against bodily injury and property
damage arising out of or in connection with the solicitation.
C.
Solicitation
shall be permitted only on a roadway at an intersection where all
traffic is required to come to a full stop by a traffic light unless
otherwise permitted by approval of the Village Board.
D.
The Village
Administrator shall approve the application within five business days
after the filing date of the application, and may impose additional
reasonable conditions in writing upon the solicitation activity based
on articulated public safety concerns.
[Amended 10-11-2010 by Ord. No. 10-36; 7-27-2016 by Ord. No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code.
