[Adopted as Ch. 5.40 of the 1997 Code]
[Amended 1997 by Ord. No. 1604]
For the purpose of this article, the following words shall be
construed to have the meanings herein ascribed as follows:
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.
Seeking to obtain orders for the purchase of goods, wares,
merchandise, foodstuffs, services of any kind, character or description
whatever, for any kind of consideration whatever; except that for
the purposes of this article the term "soliciting" does not include,
and this article shall not regulate, the sale of books, periodicals
or other publications.
Every person desiring to engage in soliciting, as defined in § 271-2.1, from persons in residences within this municipality is 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 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 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
by whom the applicant is employed or which the applicant 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 certificate under this code, 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this article ever been revoked?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 code 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)
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. 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.
D.
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 article. 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.
(1)
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 U.S. mail addressed to his or her residence address set
forth in the application.
(2)
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.
[Amended 1997 by Ord. No. 1604]
Upon making an application for a certificate of registration,
the applicant shall pay a license fee which shall be set by City ordinance
from time to time.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It is unlawful for any person to go upon the premises of another
for the purpose of soliciting orders without the consent or invitation
of the owner or 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
a notice exhibited at the residence stating in clear and concise wordage
that soliciting is not invited.
It is 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 5:00 p.m. of any weekday, or at any time
on a Sunday or on a state or national holiday.
All resident charitable organizations in the City which have
been in existence for six months or longer shall register all solicitations
and shall be exempt from registration thereafter.
