[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 7, Art. II, of the 2015 Code]
For the purpose of this article, the following words, as used
herein, shall be construed to have the meanings herein ascribed thereto:
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, 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.
A.
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:
(1)
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.
(2)
Address of place of residence during the past three years if other
than present address.
(3)
Age of applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Physical description of applicant.
(5)
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.
(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.
(9)
The date or approximate date of the latest previous application for
a certificate under this article, if any.
(10)
Has a certificate of registration issued to the applicant under
this article ever been revoked?
(11)
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?
(12)
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?
(13)
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.
(14)
Also, such additional information as the Chief of Police may
deem necessary to process the application.
B.
All statements made by the applicant upon the application or in connection
therewith shall be under oath.
C.
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 article and of
the denial of applications.
D.
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.
E.
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 article, nor to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided.
A.
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.
B.
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 article, 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 article. 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) 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 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 § 271-7 hereof, then in that event registration is not required.
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"
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or
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"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.
A.
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 § 271-6, if any is attached, and be governed by the statement contained on the notice.
B.
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.
C.
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 § 271-6.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether registered under this article 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 4:00 p.m. of any weekday
or Saturday or at any time on a Sunday or on a state or national holiday.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 the Solicitation for Charity Act (225 ILCS 460/0.01
et seq.), as amended.
B.
Solicit may occur only at intersections where all traffic from all
directions is required to come to a full stop.
C.
The charitable organization must be engaged in a state-wide fund-raising
activity.
D.
The charitable organization shall 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fees per person to be charged for daily or annual certificates
of registration to solicit in this municipality, each payable in advance,
are hereby fixed and established from time to time by the Board of
Trustees by resolution.
[Adopted as Ch. 7, Art. III, of the 2015 Code]
It shall be unlawful for any person, firm or corporation to
engage in the business of hawker or peddler of any merchandise, article
or thing without having first secured a license therefor.
As used in this article, the following terms shall have the
meanings indicated:
The selling, bartering, or exchanging or the offering for
sale, barter or exchange of any tangible personal property upon or
along the streets, highways, or public places of this municipality
or from house-to-house, whether at one place thereon or from place-to-place,
from any wagon, truck, pushcart, or other vehicle or from movable
receptacles of any kind, but shall not include the delivery of any
item previously ordered or the sale of items along delivery routes
where the purchaser has previously requested the seller to stop and
exhibit his items. "Peddle" shall not be taken to include the solicitation
of orders by sample where the goods are not delivered at the time
the order is taken.
A person desiring a license may obtain the same by making application
with the Clerk and providing the following information:
A.
Name and physical description of applicant.
B.
Permanent home and address and local address if operating from such
an address.
C.
A brief description of the business and of the goods to be sold.
D.
Name and address of the employer, if any.
E.
The length of time for which the right to do business is desired.
F.
Evidence that the agent is acting on behalf of the corporation he
represents.
G.
Statement of the applicant's criminal record other than a traffic
record.
H.
The last three municipalities where the applicant carried on business
immediately preceding the date of application to this municipality
and the address from which such business was conducted in those municipalities.
Upon receipt of each application, it shall be referred to the
Chief of Police, who shall investigate the business and moral character
of the applicant. If the facts show the applicant unfit to receive
the license, then it shall be denied.
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether registered under this article or
not, to engage in peddling as herein defined prior to 9:00 a.m. or
after 4:00 p.m. of any weekday or at any time on a Sunday or on a
state or national holiday.
No licensed peddler or hawker shall be guilty of any fraud,
cheating or misrepresentation, whether through himself or through
an employee while acting as a peddler in this municipality, or shall
barter, sell or peddle any goods or merchandise or wares other than
those specified in his application for a license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The applicant shall also submit two photographs of the applicant
and such of its employees as will be used in the peddling or merchandising,
taken within 60 days immediately prior to the filing of the application,
which pictures shall be two inches by two inches, showing the head
and shoulders of the applicant or its agent(s) and/or employee(s)
in a clear and distinguishing manner.
Nothing contained in this article, nor the issuance of any license
hereunder, shall entitle the licensee to go in or upon any private
residence for the purpose of peddling if such licensee, his agents
or employees are directed to depart from said private residence by
the owner or person in charge thereof.
The practice of going in and upon private residences, business
establishments or offices in the municipality by solicitors, peddlers,
hawkers, itinerant merchants and transient vendors of merchandise
without having been requested or invited to do so by the owner or
owners, occupant or occupants of said private residences and business
establishments or offices for the purpose of disposing of and/or peddling
or hawking of merchandise is hereby declared to be a nuisance and
is punishable as a violation of this Code. No person shall peddle
in a public square.
The Police Department of this municipality is hereby required and directed to suppress the same and to abate any such nuisance as described in § 271-20.
The provisions of this article shall not apply to persons employed
or representing an established merchant, business firm, or corporation
located and regularly doing business in the municipality or to farmers
selling any food items raised or produced by themselves and/or to
permanently established residents who are voters in the municipality
or anyone duly licensed.
