(A) No person shall engage in solicitation or peddling upon any private property after having been asked by the owner or occupant thereof to leave such property.
(B) (1) It shall be unlawful for any person to engage in peddling or solicitation upon any private premises or residence or business located thereof if such premises or residence or business is posted against solicitation or peddling by means of a notice prominently displayed upon which is printed the legend.
“NO SOLICITORS OR PEDDLERS”
(2) For purposes of the preceding sentence, a private property shall be deemed to be posted against solicitation or peddling if there is exhibited, on or near the main entrance to the property or on or near the main door to any structure located thereon, a sign at least three inches by four inches in size and with the letters at least one-third the height, which bears the above legend.
(3) Signs complying with the foregoing requirements may be obtained, at cost, at the office of the City Collector by persons requesting the same.
(C) It shall be unlawful for any person to conduct solicitation of employment, business, contributions or sales of any kind or collect money for such from the occupant of any vehicle traveling upon any street or highway when:
(1) The solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway;
(2) The solicitation or collection involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or
(3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction.
For purposes of this section, the traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic.
(D) Notwithstanding the prohibition contained in paragraph (C) above, it shall be lawful for a charitable organization, as defined in Section 2 of the Charitable Games Act (230 ILCS 30/2) and § 121.20 of this chapter, to solicit for charitable purposes, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met:
(1) The persons to be engaged in the solicitation are law enforcement personnel, firefighters, or other persons employed by the city to protect the public safety of the city, and that are soliciting solely in an area that is within the city, or the persons to be engaged in the solicitation are authorized by the charitable organization to solicit on its behalf, and all of such persons are at least 18 years of age.
(2) The charitable organization files an application with the city. The application shall be filed not later than ten business days before the date that the solicitation is to begin and shall include all of the following:
(a) The date or dates and times of day when solicitation is to occur.
(b) The location or locations where the solicitation is to occur, along with a list of three alternate locations listed in order of preference.
(c) The manner and conditions under which the solicitation is to occur.
(d) Proof of a valid liability insurance policy in the amount of at least $1,000,000 insuring the charity and city against bodily injury and property damage arising out of or in connection with the solicitation.
The city may impose reasonable conditions in writing that are consistent with the intent of Section 11-80-9 of the Illinois Municipal Code (65 ILCS 5/11-80-9) and are based on articulated public safety concerns. If the city determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometries, construction, maintenance operations, or past accident history, then the city may deny the application for that location and must approve one of the three alternate locations following the order of preference submitted by the applicant on the alternate location list.
(3) Any solicitation conducted by persons on behalf of a charitable organization that is not limited to law enforcement personnel, firefighters, or other person employed to protect the public safety of the city, shall be limited to two days per calendar year.
(E) It shall be unlawful for any person to engage in commercial solicitation, or charitable solicitation or any other type of solicitation prior to 10:00 a.m. or after 4:00 p.m. local time for the period of November 1 through and including April 30; and prior to 10:00 a.m. or after 6:00 p.m. local time for the period of May 1 through and including October 31.
(F) It shall be unlawful for any peddler or solicitor to cheat, deceive or fraudulently misrepresent any product or the price thereof, whether through himself, herself or through an employee, while acting as a peddler or solicitor in the city, or to barter, sell or peddle any goods, merchandise or wares other than those specified in the application for a license.
(G) No solicitor or peddler shall interfere with either vehicular or pedestrian traffic on the public right-of-way.
(H) No peddler or solicitor shall peddle or solicit by shouting or by using any sound device in connection with peddling or soliciting; including bells or amplifying systems.
(Prior Code, § 121.26) (Ord. 2650, passed 3-27-1984; Ord. 11-152, passed 12-13-2011; Ord. 2023-034, passed 6-27-2023) Penalty, see §
121.99