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The following restrictions shall apply when a licensee is engaged in scavenging or junk dealing activities.
(A) No licensee shall collect, obtain, possess or pick up any item or items placed in a recyclable bin.
(B) No licensee shall trespass on private property.
(C) No licensee shall operate a vehicle where the load protrudes more than 18 inches over the bed of the vehicle.
(D) No licensee shall operate a motor vehicle without covering and securing the load.
(E) No licensee shall park a vehicle with scavenged goods on any city street or city parking lots.
(F) No licensee shall engage in scavenging or junk dealing activities between the hours of 7:00 p.m. and 7:00 a.m.
(Prior Code, § 121.03) (Ord. 12-165, passed 2-28-2012) Penalty, see § 121.99
Any license issued according to this subchapter maybe revoked after proper notice and hearing before the Judiciary Committee or other appropriate committee upon a finding of a violation of this subchapter, or any other ordinance of the city, or any state or federal law.
(Prior Code, § 121.04) (Ord. 12-165, passed 2-28-2012)
This subchapter shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this subchapter shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 121.05) (Ord. 12-165, passed 2-28-2012)
PEDDLERS AND SOLICITORS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person or entity that has filed an application for a commercial or noncommercial solicitation permit as hereinafter provided.
CHARITABLE ORGANIZATION.
(I) Any benevolent, philanthropic, patriotic, or eleemosynary person or one purporting to be such which solicits and collects funds for charitable purposes and includes each local, county, or area division of such charitable organization, provided such local, county or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization;
(2) A not-for-profit organization incorporated pursuant to 805 ILCS 110/0.01 and 805 ILCS 110/35; or
(3) Any other organization that has been granted tax-exempt status from the State of Illinois or the Internal Revenue Service pursuant to Section 501 (c)(3) of the Internal Revenue Code.
CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose.
CHARITABLE SOLICITATION. Any person 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 who engages in the activities of soliciting or canvassing upon any premises within the city.
COMMERCIAL SOLICITATION. Solicitation which is not conducted for any charitable purpose or political purpose, or on behalf of any charitable organization, as those terms are defined herein.
ITINERANT VENDOR. Every itinerant merchant and every person who, by himself, herself or by another, within the limits of the city, engages in or conducts a temporary or transient business of selling goods, wares or merchandise with the intention of continuing in such business in the city for a period of not more 120 days, and who, for the purpose of carrying on such business, uses, leases or occupies, either in whole or in part, a room, building or other structure, for the exhibition and sale of such goods, wares or merchandise, shall be deemed an ITINERANT VENDOR of merchandise. All regulations applicable to peddlers shall apply to itinerant vendors, except § 121.27 of this chapter.
NONCOMMERICAL SOLICITATION. Solicitation for a charitable purpose or political purpose or on behalf of a charitable organization as those terms are defined herein.
NONRESIDENTIAL PREMISES. All buildings, structures, and units in the city occupied for nonresidential purposes.
PEDDLER. Every person who shall sell or offer for sale, barter or exchange any goods, wares, merchandise or other commodities, traveling from place to place on, along or upon the streets of the city, or who shall sell and deliver from any wagon, pushcart or other vehicle going from place to place, any goods, wares, merchandise, meat, poultry, fish, cheese, lard, vegetables, bread, bakery products or other commodities.
POLITICAL PURPOSE. Any activity in support of bona-fide candidates for public office, or any matter related to the election, nomination, or performance of public officials, or issues presented to the electorate at any election.
RESIDENCE. Every separate living unit in the village occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING.
(1) The act of any person traveling by foot, vehicle or any other type of conveyance who goes from residence to residence, business to business, from place to place or in or along any highway, street or sidewalk within the city either:
(a) Requesting. either directly or indirectly, money, credit, funds, contributions, personal property or anything of value;
(b) Collecting money, funds, contributions, personal property or anything of value solicited telephonically or electronically;
(c) Taking or attempting to take orders for the sale of any goods, wares, merchandise or services of any kind or description for future delivery or for services to be performed in the future, in person or by the in-person distribution of flyers and leaflets; and
(d) Selling and making immediate delivery any goods, wares, merchandise or services of any kind or description, commonly referred to as "peddling". Solicitation shall be deemed completed when attempted, whether or not the person making the solicitation actually receives any contribution, whether monetary or otherwise, or makes any sale or other transaction in the process of soliciting.
(2) SOLICITING shall not include: any person not requesting, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value:
(a) A person communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious or charitable nature;
(b) A person seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
(c) A person seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;
(d) A person conducting a poll, survey or petition drive in regard to any political matter; and
(e) A person carrying, conveying, delivering or transporting dairy products newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same. Solicitation shall also not include seeking or obtaining nominal contributions such as gifts, food, candy or contributions of money as is customarily and commonly known as "trick-or-treat" in the celebration of Halloween day.
(Prior Code, § 121.20) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023)
(A) The City Administrator and his/her designee shall have the following powers and duties, which shall at all times be performed without consideration of the content or viewpoint of the information being distributed by a solicitor:
(1) To administer and rule upon the applications for, and the issuance, renewal, suspension, denial and revocation of permits as set forth in this chapter.
(2) To take such further actions as the City Administrator and his/her designee shall deem necessary to carry out the purposes and intent of this chapter and to exercise such additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this chapter.
(B) Solicitation licenses.
(1) A commercial or non-commercial solicitation license shall be required to solicit within the city.
(2) Solicitation without permit prohibited. lt shall be unlawful for any person not in possession of a current and valid commercial or noncommercial solicitation license to solicit within the city at any time after the effective date of this chapter.
(3) Solicitation without permit displayed. It shall be unlawful for any person to solicit within the city at any time if a current and valid commercial or non-commercial solicitation license is not displayed in plain view on the person who is soliciting after the effective date of this chapter.
(4) Solicitation in violation of license prohibited. lt shall be unlawful for any holder of a commercial or non-commercial solicitation license to solicit except in the manner authorized by, and in compliance with, the provisions of this chapter.
(5) Assignment or transfer of license prohibited. It shall be unlawful for any holder of a commercial or non-commercial solicitation license to assign or transfer a commercial or non-commercial solicitation license.
(Prior Code, § 121.21) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023) Penalty, see §
121.99
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