For the purpose of this article,
the following words as used herein shall be construed to have the
meaning herein ascribed thereto, to-wit:
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:
Sale and delivery from place to place
in said City any goods, wares, merchandise, food stuffs, of any kind,
character or description whatever for any kind of consideration whatever;
or
Seeking to obtain orders for the
purchase of goods, wares, merchandise, food stuffs, services, of any
kind, character or description whatever, for any kind of consideration
whatever; 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.
Exceptions. The definition of "soliciting"
herein shall not apply to delivery of goods or to making any business
call to any residence or place of business which was pre-arranged
with the consent of the occupant.
Every person desiring to engage in
soliciting as herein defined from persons in residences within this
municipality, is hereby required to make written application for a
Certificate of Registration as hereinafter provided.
A.
Application for a Certificate of Registration
shall be made upon a form provided by the City Clerk of this municipality
and filed with such Clerk. The applicant shall truthfully state in
full the information requested on the application, to-wit:
(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 and marital status; and
if married the name of spouse;
(4)
Physical description of the applicant;
(5)
Name and address of the person, firm or
corporation or association whom the applicant is employed by 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 which the applicant will engage
in;
(8)
Period of time for which the Certificate
is applied for;
(9)
The dates or approximate dates, of the
latest previous application for 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 article, or the Ordinance
of any other Illinois municipality regulating soliciting;
(12)
Has the applicant ever been convicted
of a felony under the laws of the State of Illinois or any other State
or Federal law of the United States;
(13)
Also such additional information
as the Clerk 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.
D.
No Certificate of Registration or copy
thereof issued to the applicant shall be valid unless the seal of
the City of Bloomington is placed on said Certificate or copy.
E.
The Clerk shall cause to be kept in her
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. Applications for
Certificates, 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.
F.
No Certificate of Registration shall be
issued to any person who has been convicted 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.
G.
Any charitable association group or corporation which makes application for and complies with § 38-901 et seq. of Chapter 38 providing for the soliciting of funds on the streets shall be exempt from application of individual certificates of registration herein. If any organization, firm or corporation meeting the definition of § 38-901 aforesaid shall desire to have their solicitors go from door to door and place to place which would require their compliance with the registration of this article, the City Manager upon request of any such organization having an office within Bloomington or Normal, Illinois may make application to the City Manager setting forth the names, addresses of its local solicitors authorized to represent said charitable organization. The City Manager is authorized to waive the filing of the individual applications for Certificate of Registration herein provided, if in his opinion, such organization meets the definition of said § 38-901 of Chapter 38 of the Bloomington City Code.
[Ord. No. 1990-41]
[Ord. No. 1990-41; amended 7-8-2019 by Ord. No. 2019-52]
A.
The City Clerk or his or her designee,
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 article.
Endorsement shall be made by the City Clerk or his or her designee
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.
[Amended 6-28-2021 by Ord. No. 2021-52]
B.
Any Certificate of Registration issued
hereunder shall be revoked by the City Clerk if the holder of the
Certificate is convicted of a violation of any of the provisions 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 City
Clerk to the holder of the Certificate in person or by certified U.S.
mail addressed to his or her residence address set forth in the application.
[Amended 6-28-2021 by Ord. No. 2021-52]
C.
Immediately upon the giving of such notice
the Certificate of Registration shall become null and void.
D.
All Certificates of Registration shall
expire six consecutive months from the date of approval. Upon receipt
of a Certificate, each individual applicant shall pay a fee as set
forth in the Schedule of Fees.
E.
The denial of an application under Subsection A and the revocation of a certificate under Subsection B may be appealed to the City Manager as set forth in this subsection. Any appeal must be made in writing and addressed to the City Manager within 10 days of the notice from the City Clerk of either the denial or revocation. The City Manager shall then hold a hearing to decide whether the denial or revocation complied with the City Code. The City Manager may also designate a hearing officer to hold such a hearing. After the hearing, the City Manager, or hearing officer if so designated, shall render a final and binding decision in writing within 10 days of the hearing.
[Added 6-28-2021 by Ord.
No. 2021-52]
It is hereby declared to be the policy of the governing body 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 residence. If no determination is made as is provided in § 33-106 thereof, then in that event, registration is not required.
A.
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,
to wit:
B.
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 following:
C.
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, containing the applicable words, as follows:
|
"ONLY SOLICITORS REGISTERED IN CITY
OF BLOOMINGTON INVITED"
|
|
OR
|
|
"NO SOLICITORS INVITED"
|
(1)
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 at the cost thereof.
(2)
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 shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located to first examine the Notice provided for in § 33-106 of this article, if any is attached, and be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS REGISTERED IN CITY OF BLOOMINGTON INVITED," the solicitor not possessing a valid Certificate of Registration as herein provided 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.
B.
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 hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or created 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 § 33-106 of this article.
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 door
bell 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 9:00
p.m. of any weekday, or at anytime on a Sunday or on a State or National
Holiday.
If any section, paragraph, clause
or provision of this article shall be held invalid, the invalidity
thereof shall not affect any of the other provisions of this article.
Any person violating any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not more than $500 for each offense.
It shall be unlawful for any person,
firm or corporation to commit a trespass within this municipality
upon either public or private property.
Without constituting any limitation upon the provisions of § 33-201 hereof, any of the following acts by any person, firm or corporation shall be deemed included among those that constitute trespasses in violation of the provisions of said § 33-201, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this Ordinance, the aforesaid enumerated acts so included, being as follows, to-wit:
A.
An entry upon the premises, or any part
thereof, of another, including any public property in violation of
a notice posted or exhibited at the main entrance to said premises
or at any point of approach or entry or in violation of any notice,
warning or protest given orally or in writing, by any owner or occupant
thereof, or
B.
The pursuit of a course of conduct or action
incidental to the making of an entry upon the land of another in violation
of a notice posted or exhibited at the main entrance to said premises
or at any point of approach or entry, or in violation of any notice,
warning or protest given orally or in writing by any owner or occupant
thereof, or
C.
A failure or refusal to depart from the
premises of another in case of being requested, either orally or in
writing, to leave by any owner of occupant thereof, or
D.
An entry into or upon any vehicle, aircraft
or watercraft made without the consent of the person having the right
to the possession or control thereof, or a failure or refusal to leave
any such vehicle, aircraft or watercraft after being requested to
leave by the person having such right.
If any section, paragraph, clause
or provision of this Ordinance shall be held invalid, the invalidity
thereof shall not affect any of the other provisions of this Ordinance.
Any person, firm or cooperation violating
any of the provisions of this Ordinance shall, upon conviction thereof,
be fined in an amount not exceeding $500.
