[2003 Code]
For the purposes of this chapter, the following words, as used
herein, shall be construed to have the meanings herein ascribed thereto:
Any person who transports tangible personal property for
retail sale within the City who does not maintain in the state an
established office, distribution house, sales house, warehouse, service
center or residence from which such business is conducted; provided,
however, this term shall not include any person who delivers tangible
personal property within the City who is fulfilling an order for such
property which was solicited or placed by mail or other means. It
shall be prima facie evidence that a person is an "itinerant vendor"
if the person does not transact business from a fixed location or
if the person does not own, or lease for a term of at least six months,
the property from which business is conducted.
Selling or offering for sale, barter or exchange at retail
any goods, wares, merchandise or services of any kind whatsoever by
traveling from place to place along the streets of the City or from
residence to residence therein, but shall not include solicitation
or canvassing for future delivery. "Peddling" may, in some instances,
include the activities of an "itinerant vendor" or "transient merchant",
as defined in this section. If a peddler is also an "itinerant vendor"
or "transient merchant", as defined in this section, then those provisions
shall also be applicable. To the extent that the provisions of this
chapter relative to "peddling" are inconsistent with those relating
to "itinerant vendors" and/or "transient merchants", the more restrictive
provisions shall apply.
Includes any person who has obtained a valid certificate
of registration as herein provided, where such certificate is in the
possession of, and on the person of, the one soliciting or peddling
during all soliciting or peddling.
Any person who is a "transient merchant" or "itinerant vendor"
as defined in this section and who has obtained and has in his possession
a valid certificate of registration.
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, insurance, or services of any kind, character or description
whatever, for any kind of consideration whatever, all for future delivery;
provided, however, that seeking to obtain subscriptions to books,
magazines, periodicals, newspapers and every other type or kind of
publication shall not be deemed to be soliciting, and such activities
are not regulated by this chapter.
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.
Any person who is engaged temporarily in the retail sale
of goods, wares or merchandise in the City and who, for the purpose
of conducting such business, occupies any building, room, vehicle,
structure of any kind, or vacant lot; provided, however, this term
does not include any person selling goods, wares or merchandise which
are raised, produced or manufactured by him, to any person selling
vegetables, fruit or perishable farm products at an established City
market, to any person operating a store or refreshment stand at a
resort, or to any person operating a stand or booth on or adjacent
to property owned by him or upon which he resides. It shall be prima
facie evidence that a person is a "transient merchant" if the person
does not transact business from a fixed location or if the person
does not own, or lease for a term of at least six months, the property
from which business is conducted.
[2003 Code]
A.Â
Certificate Required: A written application for a certificate of registration as herein provided shall be secured by every person desiring to engage in "soliciting" or "peddling", as defined Section 3-6-1 of this chapter, from persons in residences within the City and, in addition, by every person desiring to engage in soliciting from any business, office or manufacturing facility within the City for gifts or contributions of money, clothing or other valuable thing except for the support or benefit of any charitable or nonprofit association, organization, corporation or project.
B.Â
Application For Certificate:
1.Â
Application Form; Oath: Application for a certificate of registration
shall be made upon a form provided by and filed with the City Clerk.
The applicant shall state, under oath, such information requested
on the application form as is required by the provisions of this chapter
and such other relevant information as determined by the City Clerk.
2.Â
Fingerprints And Photographs: The City Clerk shall require every
applicant to submit to fingerprinting in connection with the application
for certificate, and the applicant will submit to identification photographing
conducted by the City Clerk, and such identification photograph shall
be affixed to the certificate of registration.
3.Â
Criminal History: Each applicant shall also apply to the office of
the Police Chief for a certified copy of his or her personal criminal
history, and such applicant shall provide such information and fees
to the Police Chief as required by the Police Chief to obtain such
certified copy, and the applicant shall further request that the Police
Chief also directly provide to the City for review by the Mayor a
certified copy of the applicant's personal criminal history prior
to the approval of such certificate for such applicant.
C.Â
Prohibited Registrants: No certificate of registration shall be issued:
1) to anyone seeking to solicit for a charitable or nonprofit association,
organization, corporation or project unless such charity or nonprofit
group is specifically approved in advance by the City Council which
may waive requirement of individual registration and fees if a list
of names and addresses of individuals to be involved are supplied
to the City Clerk; or 2) 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; or 3) to any person who has been convicted
of a violation of any of the provisions of this chapter or to any
person whose certificate of registration issued hereunder has previously
been revoked as herein provided unless specifically approved by the
City Council.
D.Â
Fees:
1.Â
Fees Established: A fee shall be paid at the time of filing the application,
as follows:
|
Certificate Requested
|
Fee
|
|---|---|
|
1 day
|
$5
|
|
More than 1 day and not more than 1 week
|
$25
|
|
More than 1 week
|
$50
|
2.Â
Waiver Of Fees: The Mayor may waive such fee in his or her discretion,
but all fee waivers shall be reported to the City Council.
E.Â
Issuance Or Denial Of Certificate; Contents:
1.Â
Denial: The Mayor, 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. Endorsement shall be made by the Mayor upon the
application or the denial of the application.
2.Â
Issuance: When the applicant is found to be fully qualified, the
certificate of registration shall be issued by the Mayor or his or
her designees.
3.Â
Time Limit For Action: All applications shall be acted upon by the
Mayor within seven days after receipt of a completed application.
4.Â
Contents: Each certificate of registration shall state the expiration
date thereof.
F.Â
Revocation Of Certificate: Any certificate of registration issued
hereunder may be revoked by the Mayor if the holder of the certificate
is convicted of a violation of any of the provisions of this chapter,
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 chapter. Immediately upon such revocation,
written notice thereof shall be given by the Mayor to the holder of
the certificate in person or by certified U.S. mail addressed to his
or her address set forth in the application. Immediately upon the
giving of such notice of revocation, the certificate of registration
shall become null and void.
G.Â
Records Kept: The City Clerk shall cause to be kept in his or her
office an accurate record of every application received and acted
upon together with all other information and data pertaining thereto
and of all certificates of registration issued under the provisions
of this chapter, 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.
[2003 Code]
A.Â
Notice Requirements: The owner or occupant of any residence who desires
to forbid trespasses by solicitors or peddlers, or unlicensed solicitors
and peddlers, may attach or exhibit upon or near the main front door,
and the main rear or side door (if any and if to be protected), a
card or plaque stating such of the following as may be appropriate,
in letters at least 1/3 inch in height:
|
SOLICITORS AND PEDDLERS NOT INVITED
|
|
or
|
|
SOLICITORS AND PEDDLERS NOT INVITED UNLESS REGISTERED WITH THE
CITY
|
B.Â
Nonexclusive Notice Provided By City: For the convenience of residents
of the City and for purposes of uniformity, cards or plaques containing
the foregoing legend shall be made available by the City. The form
of card or plaque provided for in this section shall not be deemed
to be an exclusive form of notice. Such card or plaque so exhibited
shall constitute sufficient notice to any solicitor of the determination
by the occupant of the residence of the information contained thereon.
[2003 Code]
A.Â
It shall be unlawful for any person to enter upon any property of
another in the City after receiving, immediately prior to such entry,
notice from the owner or occupant that such entry is forbidden, or
to remain upon the property of another after receiving notice from
the owner or occupant to depart.
B.Â
A person shall be deemed to have received notice from the owner or
occupant within the meaning of this chapter if he has been notified
personally, either orally or in writing, or if a printed or written
notice forbidding such entry has been conspicuously posted at the
main entrance to said property or the forbidden part thereof.
C.Â
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.
[2003 Code]
A.Â
Uninvited Soliciting Or Peddling Prohibited: Any person soliciting
or peddling who is forbidden entry by notice given in compliance with
this chapter shall be deemed guilty of remaining on the property after
receiving notice to depart if he shall remain on the property, or
if he shall ring the doorbell or knock or create any sound calculated
to attract the attention of the occupant.
B.Â
Exemptions: Notices exhibited pursuant to this chapter shall not
be deemed applicable to and shall not prevent access to residential
property by a solicitor or peddler who has received prior invitation,
written or oral, from the owner or occupant thereof.
[Ord. 17-07-02-50, 7-17-2017]
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter 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 occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as defined in Section 3-6-1 of this chapter prior to 9:00 a.m. or after 7:00 p.m. In addition, no soliciting and/or peddling will be allowed on any Sunday or recognized holiday.
[2003 Code]
A.Â
Violation; Penalty: Any person, firm or corporation who shall be found guilty by a court of competent jurisdiction of violating any provision of this chapter, or of failing to comply with any requirement hereof, or of violating any permit, any approval, or any directive issued under the provisions of this chapter, shall be punishable as provided in Title 1, Chapter 1-4, of this Code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B.Â
Reimbursement Of Costs: Any person, firm or corporation who shall
be found guilty by a court of competent jurisdiction of violating
a provision of this chapter, or of failing to comply with any requirement
hereof, or of violating any certificate, any approval, or any directive
issued under the provisions of this chapter, shall, in addition to
the fines provided, be obligated to reimburse the City for its attorney
fees, court costs, court reporter costs, and expert witness fees,
and all other out of pocket costs incurred by the City in the prosecution
of the said violation or violations.
C.Â
Injunctive Relief: The City may make application to the Circuit Court
for an injunction requiring conformance with this chapter or make
such other order as the Court deems necessary to secure compliance
with this chapter.
[2003 Code]
Nothing in this chapter shall be interpreted or enforced to
deprive any person of any rights guaranteed under the Constitutions
of the State or the United States.
