[Adopted 10-19-2004 by Ord. No. 04-074; amended in its entirety 11-11-2015 by Ord. No. 15-046]
The Board of Trustees has determined it to be in the best interests
of the Village to create regulations to govern commercial and noncommercial
solicitation, as hereinafter defined, to prevent crime and protect
the health, safety and welfare of the residents of the Village; to
ensure that the Village is aware of the number and identity of persons
who will be soliciting for commercial, religious and charitable purposes
and the geographic area and time periods in and during which such
activities will occur within the Village; and to prevent the imitation
of religious and charitable purposes and organizations by unscrupulous
individuals who would defraud the public and cause religious and charitable
purposes and organizations to be endangered by the suspicions engendered
by such practices, and to protect the welfare, safety, peace, comfort,
and convenience of the public in their homes and traveling upon the
streets, highways and sidewalks within the Village.
As used in this article, the following terms shall have the
indicated meanings:
Includes the words patriotic, philanthropic, social services,
welfare, benevolent, educational, civic or fraternal, either actual
or purported.
A charitable organization as that same term is defined in
225 ILCS 460/1, or a not-for-profit organization incorporated pursuant
to 805 ILCS 110/0.01 and 805 ILCS 110/35, or any other organization
that has been granted tax-exempt status from the State of Illinois
or the Internal Revenue Service.
A charitable purpose as that same term is defined in 225
ILCS 460/1, and as that term is construed by the Illinois courts under
such statute. For the purpose of this article, solicitation for a
charitable purpose shall include solicitation for or on behalf of
a charitable organization, as that term is defined herein.
Includes any one or more the following activities:
The sale of, or seeking to obtain orders for the purchase of
goods, wares, merchandise, food stuff or services of any kind, character
or description, for any kind of consideration whatever; or
The sale of, or seeking to obtain prospective customers for
any application or purchase of insurance of any type or kind or character;
or
The sale of, or seeking to obtain subscriptions to books, magazines,
periodicals, newspapers or any other type or kind of publications.
The request by a person, directly or indirectly, for money,
credit, property, financial assistance or other thing of value on
the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a religious or
charitable purpose as those purposes are defined in this article.
These words shall also mean and include the following methods of securing
money, credit, property, financial assistance or other thing of value
on the plea or representation that it will be used for a religious
or charitable purpose as herein defined:
Any oral or written request or exchange of religious literature
for money or other thing of value.
The distribution, circulation, posting or publishing of any
handbill, written advertisement or publication.
The public making of any announcement concerning an appeal,
assemblage, athletic or sports event, bazaar, benefit, campaign, contest,
dance, drive, entertainment, exhibition, exposition, party, performance,
picnic, sale or social gathering to be held within the Village which
the public is requested to patronize or to which the public is requested
to make a contribution for any religious or charitable purpose connected
therewith.
The sale of, offer of or attempt to sell any advertisement,
advertising space, book, card, chance, coupon, device, magazine, membership,
merchandise, subscription, ticket or other thing in connection with
which any appeal is made for any religious or charitable purpose or
where the name of any religious or charitable person is used or referred
to in any such appeal as an inducement or reason for making any such
sale, or when or where in connection with any such sale any statement
is made that the whole or any part of the proceeds from any such sale
will go or be donated to any religious or charitable purpose.
Includes all buildings, structures, and units in the Village
occupied for nonresidential purposes.
Any individual, firm, copartnership, corporation, company,
association or joint-stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustee,
receiver, assignee, agent or other similar representative thereof.
Any activity in support of bona-fide candidates for public
office, or any matter related to the election, nomination, or performance
of public officials, or issues presented to the electorate at any
election.
Shall not mean and include the word "charitable" as herein
defined, but shall be given their commonly accepted definitions.
Includes every separate living unit in the Village occupied
for residential purposes by one or more persons and contained within
any type of building or structure.
Commercial solicitation and noncommercial solicitation, as
those terms are defined herein. A "solicitation" shall be deemed completed
when made, whether or not the person making the same receives any
contribution or makes any sale or receives any order as contemplated
herein.
It shall be unlawful for any person, except those expressly excepted in § 83-12 of this article, to conduct solicitation within the Village without having first registered with the Village to conduct commercial or noncommercial solicitation as hereinafter provided and without having on his or her person a registration acknowledgment executed by the Village Manager or his or her designee during any solicitation activities conducted within the Village.
The following provisions shall apply to all solicitation within
the Village, whether or not registration is required under the provisions
of this article. A violation of Subsection A, B, C, D, E, F, G, H,
I, J or K is hereby deemed to be a public nuisance.
A.
It shall be unlawful for any person to go in or upon any residence
or nonresidential premises for the purpose of conducting solicitation
if such residence or nonresidential premises is posted with a sign
bearing the words "No Trespassing," "No Peddlers," "No Solicitors,"
or any other similar notice indicating in any manner that the occupants
of such residence or nonresidential premises desire not to be disturbed
or to have their rights of privacy disturbed, unless such occupant
has specifically requested such solicitation.
B.
It shall be unlawful for any person to go in or upon any residence
or nonresidential premises for the purpose of conducting solicitation
at any time after 9:00 p.m. or before 9:00 a.m. on any day Monday
through Friday, or at any time after 5:00 p.m. or before 11:00 a.m.
on Saturday, Sunday or on any holiday recognized by the State of Illinois.
[Amended 8-26-2020 by Ord. No. 20-036]
C.
It shall be unlawful for any person to conduct solicitation on or
in any highway or roadway at any time.
D.
It shall be unlawful for any person, except those expressly excepted in § 83-12 of this article, to conduct solicitation within the Village without having registered with the Village for the commercial or noncommercial solicitation activity then being conducted.
E.
It shall be unlawful for any person conducting solicitation at any
residence or nonresidential premises to fail to leave, and to fail
to cease conducting solicitation at such residence or nonresidential
premises immediately upon receiving, from any person present at such
residence or nonresidential premises, a request to leave or cease
conducting solicitation.
F.
It shall be unlawful for any person to conduct solicitation in or
on any sidewalk, right-of-way, or other 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 sidewalk or public property,
way or place. No person conducting solicitation shall have the exclusive
right to any sidewalk or other public property, way or place, nor
to establish a permanent stationary location for such solicitation.
G.
It shall be unlawful for any person to conduct solicitation from
any motor vehicle or trailer in or on any highway or roadway.
H.
It shall be unlawful for any person to conduct commercial or noncommercial
solicitation with or from the occupant of any vehicle traveling upon
any highway or roadway within the Village except as otherwise permitted
pursuant to the provisions of Section 5/11-1006 of the Illinois Motor
Vehicle Code (625 ILCS 5/11-1006).
I.
It shall be unlawful for any registrant to intentionally make false
or misleading statements on the registration form.
J.
It shall be unlawful for any person to contact or attempt to contact
any person on the Village's nonsolicitation registry for commercial
solicitation.
The following provisions shall apply to commercial and noncommercial
solicitation:
A.
Registration.
(1)
Any person intending to conduct commercial or noncommercial solicitation
activities within the Village shall register with the Village Manager
or his or her designee upon the form provided by the Village Manager
or his or her designee. The registrant shall verify under oath all
statements made by the registrant upon or in connection with the registration.
Upon submission of a completed registration form, the Village Manager
or his or her designee shall acknowledge receipt thereof by executing
a registration acknowledgment and giving a copy to the registrant.
The registrant shall at all times during the conduct of solicitation
activities within the Village carry on registrant's person a copy
of the registration acknowledgment signed by the Village Manager or
his or her designee. The registration shall contain the following
information:
(a)
The registrant's name and current residence address, the length
of the registrant's residence at such address, and the registrant's
business address, if other than residence address;
(b)
The registrant's social security number, and the registrant's
driver's license number, or other official form of identification,
if any;
(c)
The name, address and telephone number of the registrant's current
employer and the length of the registrant's employment with such employer,
or in the case of registration for noncommercial solicitation, the
name, address and telephone number of the organization the registrant
represents, if any, and the name or names under which the registrant
intends to solicit contributions;
(d)
A brief description of the subject matter and purpose of the
registrant's solicitation;
(e)
The dates for which the registrant seeks to conduct commercial
or noncommercial solicitation activities; and
(f)
The methods by which the registrant and the organization the
registrant represents, if any, will conduct solicitation within the
Village.
(2)
In addition, with respect to persons intending to conduct commercial
solicitation activities within the Village, the registrant shall provide
the following information:
(a)
The registrant's residence address during the past three years,
if other than the current residence address;
(b)
A brief physical description of the registrant, including height,
weight, and hair and eye color;
(c)
The name and address of all the registrant's employers during
the past three years, if other than the registrant's present employer;
(d)
The registrant's or employer's sales tax identification number;
(e)
Certificate of general liability ($1,000,000 per occurrence)
and workers compensation (broad form coverage in amounts required
by law) insurance naming the Village of Homer Glen as certificate
holder;
(f)
Information regarding the use or revocation of prior commercial
solicitation permits issued to the applicant by the Village, if any,
including the date, or approximate date, of the last previous registration
for commercial solicitation permit from the Village, if any;
(g)
Information regarding prior or current violations, if any, by
the registrant of any of the provisions of this article, or the solicitation
regulations of any other local, state, or the federal government;
and
(h)
Information regarding any prior conviction of the registrant
of a felony under the laws of the State of Illinois, any other state,
or the United States.
B.
Change in information. If during the pendency of any registration
for, or during the term of, any commercial or noncommercial solicitation
there is any change in any material information given in the registration
information, the registrant shall promptly notify the Village Manager
or his or her designee in writing of such change.
C.
Application record. The Village Manager or his or her designee shall
cause to be kept an accurate record of every registration for commercial
and noncommercial solicitation.
D.
Effective period. Registration to conduct commercial and noncommercial
solicitation activities shall be valid for a consecutive period of
time not to exceed 10 calendar days, limited to twice per calendar
year.
E.
Registration fee. Each registrant shall pay to the Village a nonrefundable fee in the amount set forth in Chapter 114, Article II, prior to execution of the registration acknowledgement by the Village Manager or his or her designee. The registration fee shall be paid in cash and shall be nonrefundable. The registrant shall be given a receipt upon payment of the registration fee.[1]
Noncommercial solicitation by or on behalf of a charitable organization that is currently registered with the Attorney General of the State of Illinois and is in full compliance with the provisions of an Act to Regulate Solicitation and Collection of Funds for Charitable Purposes, 225 ILCS 460/1 et seq., shall be and is hereby exempt from the requirements of §§ 83-9 and 83-11 requiring application for and maintenance of a noncommercial solicitation permit; provided, however, any charitable organization expressly exempted by this section, or any person conducting solicitation on behalf of such a charitable organization, shall give written notice of the intent to conduct solicitation to the Village Manager or his or her designee at least two days before such charitable organization or person will conduct solicitation within the Village. Furthermore, notwithstanding anything herein to the contrary, no permit shall be required hereunder for any noncommercial activities or speech not involving any form of request for money or other articles of value, or for any solicitation made on premises owned or occupied by the person or organization on behalf of whom the solicitation is made, or with respect to any solicitation directed solely to members of the soliciting organization or to any solicitation made at any meeting of the soliciting organization, provided such solicitation is not made on public property.
A.
The Village Manager or his or her designee may deny registration
on the basis of an incomplete application or registrant's failure
to possess the requisite qualifications to be licensed, or suspend
all permits governed by this article if registrant:
(1)
Violates any section of this article;
(2)
Fails to have a letter grade rating of B or higher with the Better
Business Bureau;
(3)
Fails to notify the Village Manager or his or her designee of any
material changes to registration information during the pendency or
term of the permit; or
(4)
Shall cease to possess the qualifications required by this article.
B.
Notice of denial and/or suspension. Upon the Village's determination
that a registrant does not possess the requisite qualifications to
be licensed hereunder or receipt of information that a licensee has
violated this article or no longer possesses the requisite qualifications
to be licensed hereunder, the Village Manager or his or her designee
shall immediately deny or suspend said permit (as applicable) and
provide the registrant or licensee with written notice by certified
mail of such suspension. The notice shall contain a statement of the
facts upon which the Village has acted in denying or suspending the
permit.
C.
Hearing demand. The registrant or licensee shall have the right to
demand a suspension hearing within five business days of receipt of
the Village's written notice. All hearing demands must be filed with
the Village Clerk. Upon the filing of such demand with the Village
Clerk, the Village President shall affix a time and place for hearing
within 30 days of filing. At the hearing, the registrant or licensee
and any other interested person shall have the right to present evidence
as to the facts upon which the Village Manager based the revocation
of the license and any other facts which may aid the Village President
in determining whether this article has been violated. If the Village
President finds that the registrant does not possess the requisite
qualifications to be licensed hereunder or that the licensee has violated
this article or no longer possesses the requisite qualifications to
be licensed hereunder after the hearing, he or she shall, within two
days after the hearing, file with the Village Clerk for public inspection
and serve upon the registrant, and all interested persons participating
in the hearing, a written statement of facts upon which he or she
bases such finding and shall immediately revoke the permit. If after
such hearing the Village President finds that the registrant possesses
the requisite qualifications to be licensed hereunder or that this
article has not been violated, he or she shall, within two days after
the hearing, give to the registrant or licensee a written statement
cancelling the denial or suspension of the license.
Any person found guilty of committing a violation of this article
shall be subject to a fine of not less than $100 nor more than $1,000,
and each separate violation hereof shall be considered a separate
offense hereunder. Further, the Village may seek and obtain injunctive
relief against persons violating the terms and conditions of this
article and shall not otherwise be limited in its remedies to enforce
the provisions hereof.
