For the purposes of this Article XI, the following words and phrases shall have the meanings indicated:
Any person that files an application for a solicitation permit
as provided for in this article.
Any charitable, benevolent, philanthropic, patriotic, or
eleemosynary purpose.
Solicitation engaged in for a charitable purpose.
The Bannockburn Chief of Police or the Chief's appointee
or designee.
Any individual, organization, group, association, partnership,
joint venture, corporation, trust, or any combination of the foregoing.
Any occupied building or structure, or any separate dwelling
unit contained within any occupied building or structure, of any type
within the Village.
The act of engaging in solicitation.
Seeking to sell, offer for sale, sell and deliver, barter,
exchange, or obtain a gift, a contribution, a subscription, or any
other goods or services, whether for a charitable, political, commercial,
or noncommercial organization or purpose, except when the activity
is conducted within a building zoned to permit the activity and under
the ownership or control of the solicitor.
A person engaged in solicitation.
The written notice of any violation and corresponding fine
issued by the Chief of Police for violations of this article.
Except only as provided in § 141-1103, it shall be unlawful for any person to engage in solicitation in the Village without having first applied for and obtained a valid solicitation permit therefor.
Individuals under the age of 17 years shall not be required
to obtain a solicitation permit to engage in solicitation within the
Village, but must comply with all other applicable provisions of this
article.
A.
Application procedure and contents. Each applicant for a solicitation
permit shall file with the Chief of Police a properly completed application
therefor on a form provided for this purpose by the Chief of Police.
Every application shall be filed at least seven days in advance of
the first day for which authorization to solicit is sought. Each applicant
shall verify under oath all statements made on or in connection with
the application. A new application shall be required to solicit after
the expiration of any permit issued hereunder. Each application shall
contain, at a minimum, the following information and materials:
(1)
Two copies of a two-inch-by-two-inch photograph showing the
full facial features of the applicant. The photograph shall have been
taken within 30 days immediately prior to the date of filing of the
application.
(2)
The applicant's name, date of birth, and current residence address,
and the length of time the applicant has resided at the address.
(3)
The applicant's business address, if different than the applicant's
residence address.
(4)
Each of the applicant's residence addresses in the previous
three years, if other than the applicant's current residence address.
(5)
The applicant's social security number and driver's license
number, or, if the applicant has neither, then some other official
form of identification from which the applicant's identity can be
readily established by the Chief of Police.
(6)
The applicant's marital status and, if married, the name and
residence address of the applicant's spouse.
(7)
The applicant's physical description, including height, weight,
hair color, and eye color.
(8)
The name and address of the applicant's current employer, and
the length of the applicant's employment with the employer.
(9)
The name and address of each of the applicant's employers in
the previous three years, if other than the applicant's current employer.
(10)
The name, address, and telephone number of a principal officer
or director of applicant's business or organization who has authority
to act on matters related to the application, and the business's or
organization's registered agent for service in Illinois, if any.
(11)
If more than one solicitor shall be soliciting on behalf of
a business or organization, then the names(s), address(es), and telephone
number(s) of the person(s) who will be in direct charge of the solicitors
on behalf of the business or organization.
(12)
A description of the subject matter and purpose of the applicant's
solicitation.
(13)
The date(s) for which the applicant seeks a solicitation permit.
(14)
Whether the applicant will receive any monetary compensation
or commission from the solicitation and, if so, the form that compensation
or commission will take.
(15)
Information regarding the use or revocation, within the previous
five years, of any prior solicitation permit issued by the Village
or any other municipality to the applicant or the business or organization
the applicant represents.
(16)
Information regarding the applicant's violation, currently or
at any time in the previous five years, of any of the provisions of
this article, or of any local, state, or federal solicitation regulation.
(17)
Information regarding whether the applicant has ever been convicted
of a felony under the laws of the State of Illinois, any other state,
or the United States, and the nature of the conviction.
(18)
If the applicant seeks a permit to conduct charitable solicitation
on a public right-of-way within the Village, then a written statement
by the Illinois Attorney General, made within six months immediately
prior to the date of filing of the application, that the business
or organization represented by the applicant is in full compliance
with all applicable provisions of the Illinois Solicitation for Charity
Act (225 ILCS 460/0.01 et seq.).
B.
Issuance. The Chief of Police shall issue a solicitation permit to
an applicant within five days after the Chief of Police receives the
application, if but only if the Chief of Police finds and determines
all of the following:
(1)
The applicant has properly provided all information required
by this article or reasonably requested by the Chief of Police and
the application and the material statements made in the application
are true.
(2)
The applicant has not been convicted of a felony under the laws
of the State of Illinois, any other state, or the United States within
five years immediately prior to the date of filing of the application.
(3)
The Village has not revoked or suspended the applicant's right
to solicit in the Village within five years immediately prior to the
date of filing of the application, nor has any other municipality
revoked or suspended the applicant's right to solicit within its jurisdiction
during the same period.
(4)
The applicant has not been convicted of violating any provision
of this article, or of any provision of any previous Village solicitation
regulation, within five years immediately prior to the date of filing
of the application.
C.
Denial. If the Chief of Police determines that the applicant has not met one or more of the conditions set forth in Subsection B, then the Chief of Police shall deny issuance of the solicitation permit and shall give the applicant a written notification and explanation of the denial. The Chief of Police's notice of denial shall be delivered in person or by certified mail, return receipt requested, addressed to the applicant's current residence address as set forth in the application. The solicitation permit shall be deemed denied on the day that the notice of denial is delivered or is placed in the U.S. Mail as provided in this subsection. If the Chief of Police does not issue or deny the solicitation permit within five days after the Chief of Police receives the application, then the permit applied for shall be deemed to have been issued. The applicant may appeal the denial of a solicitation permit pursuant to the provisions of § 141-1110.
D.
Form and display of permit. A solicitation permit shall be issued
on a form established by the Chief of Police and shall contain the
full facial photograph of the solicitor that was submitted with the
application. The name of the solicitor and the business or organization
the solicitor represents, if any, the date(s) solicitation shall occur
under the permit, and the effective dates of the permit shall be printed
on the solicitation permit in easily readable form. Solicitation permits
also shall bear the name of the Village, the signature of the Chief
of Police or the Chief of Police's duly authorized designee, and the
relevant permit application number. Each solicitor shall prominently
display the solicitation permit issued to the solicitor pursuant to
this article on the front of the solicitor's person at all times while
soliciting within the Village.
All solicitors shall comply with the following regulations:
A.
"No solicitation" notices. No person shall solicit at or in any premises
that has posted on or near its principal entrance a sign bearing the
words "No Trespassing," "No Peddlers," "No Solicitors," or any other
similar notice indicating in any manner that the occupants of the
premises desire not to be solicited or to have their right to privacy
disturbed, unless the occupants have specifically requested the solicitation.
The Chief of Police or the Chief of Police's duly authorized designee
may make available weatherproof cards bearing a notice of the type
herein described for posting on or near the principal entrance to
any premises.
B.
Principal approach and entrance only. Every solicitor shall approach
a premises only by using the principal approach route thereto, and
every solicitor shall attempt to make contact with the occupants thereof
only at the principal entrance to the premises.
C.
Discontinuance on request. No solicitor shall solicit any person
or premises at any time after any such person or the occupant of such
premises requests that the solicitor leave the premises or otherwise
cease soliciting.
D.
Hours when solicitation prohibited. Except only as provided in § 141-1106C, no person shall solicit anywhere in the Village at any time between the hours of 9:00 p.m. and 9:00 a.m.
E.
Immediate identification. Every solicitor shall immediately identity
himself or herself and the purpose of the solicitation to each person
being solicited.
F.
Prominent display of permit. Every solicitor shall prominently display
the solicitation permit issued to the solicitor pursuant to this article
on the front of the solicitor's person, and the outside of all clothing,
at all times while soliciting within the Village.
G.
Impeding traffic prohibited. No person shall solicit anywhere in
the Village in a manner that completely or substantially impedes the
flow of pedestrian or vehicular traffic in, on, or around any sidewalk
or public property, way, or place. No person engaged in solicitation
shall have the exclusive right to any sidewalk or other public property,
way, or place, nor the right to establish a permanent stationary location
for solicitation.
H.
Soliciting on public rights-of-way. No person shall stand in a public right-of-way within the Village for the purpose of soliciting a ride from the driver of any vehicle, or for the purpose of soliciting employment or business from the occupant of any vehicle, or for any other purpose of soliciting except in compliance with § 141-1106.
I.
Fraud or misrepresentation. No person shall perpetrate a fraud or
misrepresentation of any kind while engaged in solicitation within
the Village.
J.
Public health and safety. No person shall engage in solicitation
within the Village in any manner that creates a danger or threat of
any kind to the public health, safety, and welfare.
Charitable solicitation on public rights-of-way within the Village shall be allowed only if the charitable solicitation is conducted in strict compliance with Section 11-1006(c) of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), all applicable provisions of this article, including without limitation § 141-1105, and only if the charitable solicitation also complies with the following regulations:
A.
Permit required. No person shall engage in charitable solicitation
on any public right-of-way within the Village without first having
applied for and obtained a valid solicitation permit therefor pursuant
to this article.
B.
Application for permit. Solicitation on a public right-of-way does not involve door-to-door activities and contact and thus does not involve the same considerations related to public health, safety, and welfare as are raised by door-to-door solicitation. Accordingly, the application for a permit to solicit on a public right-of-way shall be made only by the charitable organization on behalf of all of the individuals who shall be soliciting. The application shall include the names and addresses of all individuals who shall be soliciting and shall conform to the requirements of § 141-1104A(2), (3), (10), (11), (12), (13), and (18) of this article.
C.
Hours when permitted. No person shall engage in charitable solicitation
on any public right-of-way within the Village at any time between
the hours of 7:30 p.m. and 6:30 a.m.
D.
Locations. Charitable solicitation on public rights-of-way within
the Village shall be engaged in only at intersections having traffic
control devices that periodically require traffic from each direction
to come to a full and complete stop. Neither the solicitor nor the
business or organization represented by the solicitor shall engage
in charitable solicitation at any more than four of these intersections
at one time within the Village.
E.
Annual and consecutive days limitations. No solicitor, nor the business
or organization represented by the solicitor, shall engage in charitable
solicitation on public rights-of-way within the Village on more than
four days within any one calendar year. Charitable solicitation shall
not be conducted on more than two consecutive days and shall not be
conducted on more than one such two-day period in any four-month period.
F.
Minimum age. No person younger than 16 years of age shall engage
in charitable solicitation on any public right-of-way within the Village.
G.
Protective clothing. Every person engaged in charitable solicitation
on any public right-of-way within the Village shall at all times while
engaged in solicitation wear a high-visibility vest.
H.
State registration. Every business or organization represented by
a solicitor engaged in charitable solicitation on any public right-of-way
within the Village shall be registered with the Illinois Attorney
General as a charitable organization pursuant to the Illinois Solicitation
for Charity Act (225 ILCS 460/0.01 et seq.).
I.
Statewide activity. Every business or organization represented by
a solicitor engaged in charitable solicitation on any public right-of-way
within the Village shall be engaged in statewide fund-raising activity.
J.
Liability. Every solicitor engaged in charitable solicitation on
any public right-of-way within the Village, and the business or organization
represented by the solicitor, shall be liable for all injuries to
any person or property that occurs during or as a result of the solicitation
and that is causally related to an act of ordinary negligence of the
solicitor or the business or organization the solicitor represents.
K.
Insurance. Before engaging in any charitable solicitation pursuant
to this section, the solicitor shall provide to the Chief of Police
a certificate of insurance issued by an insurance company licensed
to do business in Illinois indicating that the insurance company will
insure the solicitor and the business or organization represented
by the solicitor against any injury to any person or property during
the solicitation that is causally related to an act of ordinary negligence
of the solicitor or of the business or organization represented by
the solicitor. The certificate of insurance shall name the Village
as an additional insured, shall state that the insurance policy shall
not be amended or cancelled during the period of the permitted solicitation,
and shall reflect that at least the following coverage has been provided:
Every violation of any term, provision, condition, restriction,
or duty stated in this article or in any solicitation permit issued
pursuant to this article is hereby declared to be a public nuisance.
Each solicitation permit issued pursuant to this article shall
be valid for a period of time set by the Chief of Police but not to
exceed 60 consecutive calendar days. An expiration date shall be printed
on the face of each solicitation permit.
The Chief of Police shall immediately revoke any solicitation
permit issued pursuant to this article if the Chief of Police determines
that the solicitor is in violation of any of the provisions or requirements
of this article or of the solicitation permit issued pursuant hereto,
or if the solicitor made a false material statement in the application
or otherwise becomes disqualified for the issuance of a solicitation
permit under the terms of this article. Immediately after the revocation,
the Chief of Police shall take custody of the solicitation permit.
The Chief of Police shall give written notice of the revocation to
the solicitor as soon as practicable thereafter, in the form of a
citation that states the reason for the permit revocation or any other
form approved by the Chief of Police that clearly states the reason
for the revocation. The Chief of Police shall serve notice on the
solicitor in person or by certified mail, return receipt requested,
addressed to the residence address set forth in the solicitor's application.
The permit shall become null and void immediately on service of the
notice of revocation as provided in this section.
Any person aggrieved by the Chief of Police's denial or revocation
of a solicitation permit shall have a right to appeal the decision
to the Village President as provided in this section. Within 10 days
after receipt of the Chief of Police's notice of denial or revocation,
the applicant or permit holder may make a written request for a hearing
regarding the denial or revocation. The Village President or the Village
President's designee, after receipt of the written request for a hearing,
shall set a time and date certain for the hearing within 10 days after
such receipt. The Village President shall cause written notice of
the hearing to be given to the applicant or permit holder at least
five days in advance of the hearing date. At the hearing, the applicant
or permit holder may present and submit evidence and witnesses to
rebut the reasons cited by the Chief of Police for revoking or denying
the permit. Within five days after the close of the hearing, the Village
President or the Village President's designee shall render a decision
in writing. The Village President may reinstate a revoked permit,
grant the requested permit or a renewal thereof, or affirm the Chief
of Police's decision. The action taken by the Village President shall
be final, unless review is sought pursuant to the Illinois Administrative
Review Law (735 ILCS 5/3-101 et seq.).
During the pendency of an application for, or during the term
of, any solicitation permit, the applicant or permit holder shall
promptly notify the Chief of Police in writing of any change in any
material information given by the applicant or permit holder in the
application for the permit.
The Chief of Police shall cause to be kept in the Chief of Police's
office an accurate record of every solicitation permit application
received and acted on, together with all relevant information and
material pertaining thereto. Permit applications shall be numbered
as determined by the Chief of Police, and every permit issued pursuant
to this article and any renewal thereof shall be identified with the
number of the application on which it was issued.
A.
Violation notice. Any person who violates, neglects, or refuses to
comply with, or assists in the violation of any of the provisions
of this article, or of any order, solicitation permit, or notice issued
pursuant hereto, shall be issued a violation notice. The Chief of
Police shall cause the violation notice to be served in person or
by certified mail, return receipt requested.
B.
Payment without prosecution. Within 10 days after the date of the violation notice, any person served with a violation notice issued by the Chief of Police pursuant to Subsection A may avoid prosecution for the violation(s) identified in the violation notice by surrendering the violation notice to the Village and paying at the same time to the Village the sum of $50. After the ten-day period but before legal action is brought against the violator, the violator may avoid prosecution by surrendering the violation notice to the Village and paying at the same time to the Village the sum of $100. The Village shall issue a receipt to any person making payment pursuant to the provisions of this subsection.
