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(a) Except as otherwise prohibited, the distribution of any handbill, including noncommercial and commercial handbills may only be distributed by:
(1) Handing the noncommercial handbill or commercial handbill directly to the owner, occupant, or any other person then present in or upon such premises; or
(2) Depositing the noncommercial handbill or commercial handbill in a secure manner to prevent such handbill from being blown or drifting about the premises, except that mailboxes may not be used when prohibited by federal postal laws or regulations.
(b) An individual, directly or through an agent or employee, may not:
(1) Throw, cast or scatter any commercial handbill or noncommercial handbill, or leave any commercial handbill or noncommercial handbill unattended that is not securely affixed to the place of deposit.
(2) Solicit funds or distribute commercial or noncommercial handbills at a place of residence during the following hours unless invited to do so by the occupant or owner of the residence:
A. Before 9:00 a.m. and after 8:00 p.m. from April 1 through September 30.
B. Before 9:00 a.m. and after 7:00 p.m. from October 1 through March 31.
(3) Solicit funds or distribute commercial handbills after the revocation or expiration of any permit issued or during the suspension or any permit issued, as herein provided.
(4) Solicit funds or distribute commercial handbills for a purpose other than the purpose that was represented in the application upon which the permit was issued.
(5) Represent that the issuance of a permit by the Village constitutes an endorsement or approval of the solicitation or distribution by the Village or its officers or employees.
(6) Distribute any commercial handbill or noncommercial handbill in or upon any premises which are temporarily or continuously uninhabited or vacant.
(7) Distribute any commercial handbill or noncommercial handbill upon any premises if requested not to do so by the owner, occupant, or any other person then present in or upon such premises, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the residence or premises, a card as provided in Section 705.12 of this Chapter.
(8) Distribute any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name, address, and telephone number of the handbill sponsor who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, adminstrators, or agents for the fictitious person or club sponsoring such commercial handbill shall also appear thereon.
(9) Employ, hire, request, direct or cause, directly or indirectly, another person who was not identified in the application as herein provided or does not have a permit, to distribute commercial handbills or solicit funds within the Village.
(10) Distribute commercial handbills or solicit funds under the direction of another unless a supervisor is available who can arrive at the location where the person is distributing the handbills or soliciting within ten minutes of being requested to appear, by the police or otherwise.
(11) Direct someone else to distribute commercial handbills or solicit funds and not provide a supervisor who can arrive at the location where the person is distributing the handbills or soliciting within ten minutes of being requested to appear, by the police or otherwise.
(12) Allow a person to use a permit issued in another person's name or to use a permit issued in another person's name, unless the person so doing has been identified in the application as provided herein.
(Ord. 2023-2503. Passed 7-27-23.)
(a) Solicitation of Persons in Vehicles. Except as permitted by state law, it shall be unlawful for any person to peddle, sell, offer, or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose or otherwise, to any person in a motor vehicle, truck, motorcycle, or other vehicle (collectively hereinafter "Vehicle") while the Vehicle is located within a public right-of-way.
(b) Solicitation in the Public Right-of-Way. Except as permitted by state law, it shall be unlawful for any person to solicit funds, donations, contributions, employment, business or a ride, whether for profit, for a charitable purpose or otherwise, upon any public street, street right-of-way, median, traffic island, parkway, or other public right-of-way, excluding sidewalks designed for pedestrian use, within the Village of LaGrange.
(c) Selling or Attempting to Sell on the Sidewalk/Right-of-Way. It shall be unlawful for any person to peddle, sell, offer, or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose or otherwise, on a public sidewalk or road without previous permission granted by the Village Police Chief or his/her designee.
(Ord. 2023-2503. Passed 7-27-23.)
(a) A person desiring that no merchant or other person engage in solicitation, a home solicitation transaction, or distribution of commercial handbills or noncommercial handbills at his/her premises shall exhibit, in a conspicuous place upon or near the main entrance to the premises (including but not limited to entrances to: an apartment unit, building or complex; a single- or multi-family residential structure; private sidewalks; a development with private streets; or areas maintained by a property owner's association) notice on a weatherproof card or sign bearing the words, "no advertisements," "no solicitation," "no handbills," "no solicitors," or similar words of like effect, to indicate that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed, or to have a handbill of any type left upon the premises. The letters on such card or sign shall be not less than two-thirds (2/3) of an inch in height.
(b) Every person upon going onto any premises shall first examine the premises to determine if any notice prohibiting soliciting or distribution of commercial handbill or noncommercial handbill distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting solicitation or commercial handbill or noncommercial handbill distribution is exhibited, the person shall immediately depart from the premises without distributing, placing, or depositing any type of handbill or disturbing the occupant, unless the visit is the result of a request made by the occupant.
(c) No person shall go upon any premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the premises, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a solicitation or distribution transaction, if a card or sign, as described in this section, is exhibited in compliance with this section unless the visit is the result of a request made by the occupant.
(d) No person, other than the owner or occupant of the premises, shall remove, deface, or render illegible a card or sign placed by the occupant pursuant to this section.
(e) Any merchant or person who has gained entrance to a premise, or audience with the occupant, whether invited or not, shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant.
(Ord. 2023-2503. Passed 7-27-23.)
In addition to the remedies set forth in this Chapter, whoever on the first offense violates any provision of this Chapter shall be guilty of a minor misdemeanor and subject to the penalties set forth in Section 501.99 of the General Offenses Code. On each subsequent offense, in addition to the remedies set forth in this Chapter violators shall be deemed guilty of a third-degree misdemeanor and subject to the penalties set forth in Section 501.99 of the General Offenses Code.
(Ord. 2023-2503. Passed 7-27-23.)