[HISTORY: Adopted by the Board of Trustees of the Village of Dwight as amended 6-9-2008 (Ch. 17, Art. I, of the 1999 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto:
BUCKET BRIGADE
A type of solicitation whereby the solicitors, while standing on or adjacent to traveled lanes of any public street, make an oral or written request for donation or money or other thing of value from drivers of vehicles traveling upon such public street, or while stopped for a traffic-control device controlling an intersection upon such public street.
CHARITABLE or CHARITABLE PURPOSE
Includes the words "patriotic," "philanthropic," "social services," "welfare," "benevolent," "educational," "civic" or "fraternal," either actual or purported.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, or eleemosynary entity or one purporting to be such for solicitation and collection of funds for charitable purposes, including any local, county, or area division within this state of such charitable organization.
CHARITABLE SOLICITATION
The solicitation engaged in or for a charitable purpose.
CONTRIBUTION
The promise or grant of any money or property of any kind or value, including the promise to pay or to give anything of value including, but not necessarily limited to, alms, food, clothing, money, subscriptions, property or donations under the guise of a loan of money or property, financial assistance or other thing of value.
FIXED LOCATION ITINERANT MERCHANT
Any person, firm, corporation, partnership or other business organization engaged in the selling of goods and/or services from a temporary location, either within a permanent structure or temporary structure, or from a vehicle or from an open area.
FIXED LOCATION MERCHANT
Any person, firm, corporation, partnership, or other business entity continuously engaged in the selling of goods and/or services from a location within a permanent structure, including adjacent buildings and display areas immediately adjacent to such permanent structure, for which a zoning certificate and/or occupancy permit have been issued or are hereinafter issued, or if engaged in such business prior to the effective date of Chapter 310, Zoning, of the Village Code or other regulation for which such zoning certificate and/or occupancy permit were required, would be eligible for such zoning certificate and/or occupancy permit on the date of this amendment.
POLITICAL SOLICITATION
Solicitation engaged in for the purpose of lobbying, campaigning, promoting, advancing, espousing or benefiting a political cause, party or candidate for political office.
PREMISES
All separately addressed places of business, residences or other locations in which persons live, work or otherwise occupy in the Village.
REGISTERED SOLICITORS
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.
RELIGIOUS or RELIGIOUS PURPOSE
The means of or relating to an organized religion or religious group or identifiable and definable set of religious beliefs or other ideology.
RELIGIOUS SOLICITATION
Solicitation engaged in for a religious purpose.
RESIDENCE
Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure or the privately owned premises on which such residences are located.
SOLICITATION
Communicating with another person without invitation for a specific commercial, charitable, religious, political or other purpose by means of:
A. 
In-person contacts on streets, highways, sidewalks and at residences within the Village;
B. 
Distribution of written material, including the placement or delivery of such materials at the premises or on any property belonging to a third person.
VILLAGE
The corporate boundaries of the Village of Dwight.
Every person desiring to engage in soliciting as herein defined from persons in residences within this Village, or desiring to engage in the solicitation to persons within businesses of goods or services not for utilization by the business person or employee in the operation of the business, or in the case of a fixed location itinerant merchant, from a fixed location on a temporary basis, is hereby required to make written application for a certificate of registration as hereinafter set forth, provided that any fixed location merchant shall be exempt from the provisions of this Chapter 125.
A certificate of registration shall be required including but not necessarily limited to the following:
A. 
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;
B. 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character, except by invitation;
C. 
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;
D. 
To promote, market or advance any commercial purpose;
E. 
Political solicitation;
F. 
Religious solicitation.
Persons engaging in the following activities shall be exempt from the certificate of registration requirement:
A. 
Specifically exempted from the definition of soliciting for the purposes of this § 125-4 shall be seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
B. 
The distribution of handbills, flyers, brochures, pamphlets, leaflets, papers, and other literature and written materials shall be exempt from the permit requirements unless the persons distributing the handbills, flyers, brochures, pamphlets, leaflets papers, etc., engaged the persons being solicited in conversation about the subject matter of the pieces being distributed; and in that event, such persons shall be subject to the solicitation permit requirements for the solicitation unless the solicitation falls within the exempt categories described in Subsection A of this section.
C. 
All persons who are exempt from the solicitation permit requirement are nevertheless subject to the duties of solicitors as contained in § 125-8 of this chapter.
A. 
An Application for a Certificate of Registration shall be made upon a form provided by the Village Clerk of this Village and filed with the Village Clerk. The applicant shall truthfully state in full the information requested on the application; to wit:
(1) 
Name and address of applicant, and whether or not the applicant is making application as agent for a principal. The applicant or applicant's agent should state the present address and length of residence if the applicant is an individual, or if the applicant is a corporation or business, then the agent or the individual making application for the business or corporation should state the individual's capacity in the business or corporation, state the name and address of the corporation and/or business, list the principal officers of the corporation or the owner or owners of an unincorporated business, and set forth the name and address of the individual making the application.
(2) 
All addresses of the applicant and the applicant's agent making the application for the applicant within the last three years;
(3) 
Name and address of the person, firm, corporation or association by whom the applicant is employed or whom the applicant represents, and the length of time of such employment or representation;
(4) 
A short and concise identification of the subject matter of the solicitation in which the applicant will engage;
(5) 
Period of time for which the certificate is being applied;
(6) 
Physical description of applicant, including date of birth, sex, height, weight, eye color and hair color;
(7) 
Whether the applicant has ever been convicted of a violation of any of the provisions of this chapter, or the ordinance of any other Illinois municipality regulating soliciting;
(8) 
Whether the applicant has ever been convicted of the commission of a felony under the laws of the State of Illinois or any other state laws of the United States;
(9) 
Such additional information as may be required by the Village Clerk upon the submission of the written application for identification purposes; or such additional information as the Village Board shall request when the applicant appears before the Village Board for review of the application;
(10) 
A background check by the Dwight Police Department is required for all solicitor applicants.
B. 
The Village Clerk shall cause to be kept 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 chapter, and of the denial of applications. Applications for certificates of registration shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof 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.
C. 
The Village Clerk shall inform the applicant upon submission of the application as hereinbefore set forth of the time and date of the next regularly scheduled meeting of the Village Board of Trustees, or of the date of a Special Meeting of the Board of Trustees called for the purpose of considering such applications, at which time the applicant or a representative or agent of the applicant shall personally appear before the Board of Trustees to answer any questions or to submit any additional information as may be reasonably requested by the Board of Trustees in consideration of the application.
A. 
The Village Board of Trustees, after consideration of the application and upon the appearance before the Village Board of Trustees of the applicant or the applicant's duly authorized agent or representative, shall approve the application if the applicant has conformed to the requirements of this chapter, pursuant to a finding by the Village Board of Trustees that the issuance of a certificate of registration hereunder is not adverse to the public health and welfare of the community. The certificate of registration shall be issued by the Village Board of Trustees at any regular or special meeting thereof, and the Board of Trustees shall set an effective date of the certificate of registration, such registration to be effective not less than 10 days after the appearance before the Board of Trustees of the applicant or the applicant's duly authorized agent. In the event that the Village Board of Trustees shall deny the application and refuse to issue a certificate of registration hereunder, the Village President shall endorse the denial with explanation on said application, and notice thereof shall be sent to the applicant. The applicant may appeal at the next regular meeting of the Village Board of Trustees.
B. 
Any certificate of registration issued hereunder shall be revoked by the Village President if the holder of the certificate of registration is convicted of a violation of any of the provisions of this chapter, has made a false and material statement in the application as submitted, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon any such revocation, notice thereof shall be given by the Village Clerk to the holder of the certificate of registration in person or by United States Mail to the applicant's address as shown on the application. Thereafter, the certificate of registration shall become immediately null and void. In addition, the certificate of registration shall become null and void upon the expiration date as set forth on the certificate.
C. 
Any certificate issued hereunder, except as may be revoked as hereinbefore set forth, shall be valid for a period of one year from issuance; provided, however, that on each occasion within the one-year issuance period which the holder of such certificate wishes to solicit within the Village of Dwight, such holder of the certificate shall first receive a solicitor's validation card from the Dwight Village Clerk for the period of time which the solicitor wishes to solicit within the Village during such one-year certificate period, and shall in addition pay the fee as hereinafter set forth.
A permit card approximately five inches by three inches, containing the name of the solicitor, organization represented, and effective dates shall be visibly displayed by each person subject to the solicitation permit requirement while soliciting within the corporate limits. All permits shall bear the name of the Village of Dwight and signed by the Village Clerk.
A. 
Any solicitor who has gained entrance to any residence or is on private property, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or occupant.
B. 
Fixed location itinerant merchants.
(1) 
All fixed location itinerant merchants may engage in business from a fixed location only by written permission, by lease or otherwise, of the owner or person in control of the location from which the fixed location itinerant merchant engages in the trade or business of the fixed location itinerant merchant, and such written agreement shall be signed by the parties thereto and shall include the dates for which such permission is granted to the fixed location itinerant merchant to engage in the trade or business to be carried on.
(2) 
No fixed location itinerant merchant shall display any tangible personal property, signs or advertisements closer than 15 feet from the curb line, or in the event there is no curb line, from the street right-of-way, except when the street is closed for special events as approved by the Village Board. All signs and advertisements shall comply with the appropriate sections of Chapter 310, Zoning, of the Village Code.
(3) 
Fixed location itinerant merchants may only conduct their trade or business in an area in which the zoning is approved for the business activity of the fixed location itinerant merchant.
C. 
Any owner, lessee, invitee or lawful occupant of a residence may prohibit solicitation by posting prominently on the front door, and upon any other door or prominent location of the residence, a sign which states, "no solicitors" or "no trespassing" or words of similar meaning. Whenever any person engaging in solicitation, whether having a solicitation permit or not, encounters such a sign described above, such person shall not engage in solicitation at such premises and shall immediately and peacefully depart from the premises.
It is hereby declared to be unlawful for any person, whether registered under this chapter or not, to go upon any premises and ring the door bell or knock upon or near any door of a residence located thereon, or in any manner calculated to attract the attention of the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or after 7:00 p.m. Monday through Saturday. No solicitation is permitted on Sundays and holidays.
No solicitation permit shall be issued, nor shall any person engage in solicitation, for the following purposes:
A. 
Any prescription or nonprescription drugs or medicines;
B. 
Any meat, fish or poultry if the person who seeks the solicitation permit does not possess the necessary licenses or permits from all regulatory agencies having jurisdiction over the handling and sale of such items;
C. 
No solicitation permit shall be issued to any person who is required to register with the Illinois Sex Offender Registry as provided by State Sex Offender Registration Act [Illinois Compiled Statues 730 ILCS 150/2(B)], and no person who is required to register with the Illinois Sex Offender Registry as provided by State Sex Offender Registration Act may solicit in the Village of Dwight.
[Amended 4-29-2014; 2-23-2015]
The following requirements shall apply to any bucket brigade solicitation, and provided that, if any of the requirements as stated within this section are in conflict with requirements stated in other provisions of this chapter, then the provisions of this section shall apply as to such bucket brigade solicitations:
A. 
Bucket brigades will be permitted to occur only on Friday and Saturday mornings between the hours of 7:00 a.m. through 4:00 p.m., and not more than 12 per calendar year shall be permitted. The bucket brigades will not be permitted on two consecutive weekends (except in the event of a rescheduling of an event due to inclement weather). If inclement weather causes a cancellation of an event scheduled for a Friday or Saturday, the event may be rescheduled, but for the following Saturday only.
B. 
The application for permit to solicit shall be made by the charitable organization, in writing, to the office of the Village Clerk at least 15 days in advance of the proposed date of the event, and such application shall be presented to the Village Board for approval at the next regularly scheduled meeting of the Village Board. At the Village Board meeting at which the application is to be considered, the organization requesting the permit shall have a representative present, prepared to give testimony to the Village Board about the event. The organization shall include with the application a certificate of insurance to insure against liability for personal injury to persons conducting the event for the organization, and a certificate of insurance insuring against liability of the Village for damage or injury to persons or property. The limits of liability shall be as required by the Village and in effect from time to time. In addition, the application for permit shall include an agreement by the organization to indemnify and hold harmless the Village for any loss, damage, claims or liability for injury or damage to persons or property arising out of the event to be scheduled.
C. 
Bucket brigade events shall be permitted only on streets or intersections as are specifically designated by the Village Board for the specific event, which shall be determined by the Board at the time of approval of the permit. No more than two persons will be permitted to be located at any station at one given time. A station is defined as a place on each roadway right-of-way leading to a stop sign. For example, at a four-way stop intersection, there are four stations; at a two-way stop intersection, there are two stations, etc. No person under age 17 shall be permitted to conduct or participate in the brigade event. If a seventeen-year-old is involved, the organization conducting the bucket brigade is responsible for making sure there is at least one adult at the site at all times to oversee the operation.
D. 
The organization to which a permit is granted shall notify the Public Works Director on the Thursday preceding the date of the event in order to obtain orange traffic safety cones which shall be placed at each intersection as a warning to motorists of persons in the street. The organization shall deliver the orange cones to the Village garage on the Monday following the event, and any loss or damage to the orange safety cones shall be paid for by the organization.
E. 
Any violation of the provisions of this section shall be cause for preventing the offending organization from being granted a permit for conducting any other bucket brigade for a period of 24 months.
A. 
The fee schedule for a certificate of registration shall be established and periodically reviewed and modified by the Village Board of Trustees.
B. 
Each period as set forth above shall commence from the date the certificate of registration is effective until the lapse of the time period for which the fee was paid.
C. 
A solicitation of gifts of money or of any material items for the support or benefit of any charitable or nonprofit association, organization, corporation or project shall be without fee, provided that all other aspects of this chapter and the provisions hereof shall be complied with. At the conclusion of any such solicitation, the Village of Dwight requires a statement of total monies or material items received, and how such monies or material items are disbursed. The Village Clerk shall keep such statements on file.
If any section, paragraph, clause or provision of this chapter shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this chapter.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine as designated in the fine rate schedule for each offense.