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(A) Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this chapter, may post written notice on or near the main entrance with lettering no less than one-half inch (1/2") in height, indicating that there is to be no soliciting on the premises. Such written notice so displayed shall constitute sufficient notice to any solicitor.
(B) It shall be the duty of every solicitor upon going onto any premises in the village to first examine the notice provided for above, if any is attached, and be governed by the statement contained in said notice. If the notice states "No Solicitors Invited", or similar wording, then the solicitor shall immediately and peacefully depart from the premises.
(C) 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. (Ord. 2011-4408, 10-17-2011)
(A) Uninvited Soliciting Prohibited: It is hereby 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 to the occupant of such premises for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined in defiance of the notice exhibited at the premises in accordance with the provisions of section 3-4-6 of this chapter.
(B) Time Limit On Soliciting:
1. Residential Areas: No person shall engage in "commercial solicitation" as herein defined, in residential areas, prior to nine o'clock (9:00) A.M. or after eight o'clock (8:00) P.M. of any day. No person shall engage in "noncommercial solicitation" as herein defined, in residential areas, prior to nine o'clock (9:00) A.M. or after nine o'clock (9:00) P.M. of any day.
2. Highways: Persons approved to solicit upon highways as provided in section 3-4-8 of this chapter shall not engage in solicitation prior to six o'clock (6:00) A.M. or after eight o'clock (8:00) P.M. of any day from April 1 to October 31. There shall be no solicitation upon highways during the period beginning November 1 and ending March 31.
3. Train Station: Persons approved to solicit at the Lisle/Burlington Northern Railroad commuter parking facility, depot and platform as provided in section 3-4-9 of this chapter shall not engage in solicitation prior to six o'clock (6:00) A.M. or after nine o'clock (9:00) P.M. of any day.
4. Soliciting Outside Of Hours: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to violate any portion of this section, 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, outside of the hours provided for in this section.
(C) False Plans Or Schemes: It shall be unlawful for any person who engages in solicitation or peddling to use any false plan, scheme or pretense or make any false statement which indicates or implies that the purpose of such person's visit is other than to obtain contributions or orders for sales of goods or services.
(D) Right To Cancel: It shall be unlawful for any person who engages in solicitation or peddling to misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law.
(E) Misrepresentation: It shall be unlawful for any person who engages in solicitation or peddling to cheat, deceive or fraudulently misrepresent, whether through himself or through an employee, while acting as solicitor in the village, or to barter, sell or peddle any goods, merchandise or wares other than those specified in his application for permit.
(F) Interfering With Vehicles Or Pedestrians: No solicitor shall interfere with either vehicular or pedestrian traffic on the public right of way.
(G) Sound Or Voice Systems: It shall be unlawful for any solicitor to use sound or voice amplification systems or other mechanical sound devices in any solicitation or peddling.
(H) Safety Badge: Each applicant eighteen (18) years of age and older who has been issued a permit by the village shall wear a safety badge on outer garments so as to be visible at all times. Such badge shall be issued by the village and shall contain, in a form authorized by the business office manager, the application number of the permit, as set forth in section 3-4-4 of this chapter, together with the following statement:
PERMIT NUMBER
I HAVE BEEN APPROVED BY THE VILLAGE OF LISLE TO SOLICIT WITHIN THE VILLAGE. MY PERMIT WAS ISSUED ON [date] AND EXPIRES ON [date].
Permitted solicitors under the age of eighteen (18) shall have in their possession a copy of an approval letter issued by the village business office manager containing the beginning and expiration date of the permit, together with the application number of the permit, as set forth in section 3-4-4 of this chapter.
(I) Felons: It shall be unlawful for any person or organization to utilize as a solicitor any person who has been convicted of a "serious felony" (as defined in section 3-4-1 of this chapter) under the laws of the state or any other state or under the federal law of the United States.
(J) Solicitation Near School Bus Stops: It is hereby declared to be unlawful and shall constitute a nuisance for any person to offer for sale or for free any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications or brochures within two hundred fifty feet (250') (except within the confines of an enclosed structure or building) of any location identified for the picking up or letting off of schoolchildren by a clearly recognized school bus from thirty (30) minutes before to thirty (30) minutes after any time at which schoolchildren are scheduled to be picked up or dropped off. This prohibition shall extend to sites located at or near school property where schoolchildren are directed to be dropped off or picked up at the school building and to school bus stops throughout the village which have been identified by the village or respective school district as a location where schoolchildren are scheduled to be picked up or dropped off before, after or during school hours. (Ord. 2011-4408, 10-17-2011)
(A) Solicitation Of Charitable Contributions On Highways: Solicitation of charitable contributions on highways within the village shall be permitted; provided, however, that all such activity shall be conducted in strict conformity with and shall be limited to that activity permitted under the provisions of the Illinois vehicle code paragraph 5/11-1006(c) and this code.
Solicitation on highways within the village shall be allowed only at intersections where all traffic is required to come to a full stop by a traffic light. The soliciting agency shall be:
1. Registered with the attorney general as a charitable organization as provided by "an act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof and making an appropriation therefor", approved July 26, 1963, as amended;
2. Engaged in a statewide fundraising activity; and
3. Liable for any injuries to persons or property during the solicitation, which is causally related to an act of ordinary negligence of the soliciting agent.
(B) Age Requirement: Any person engaged in the act of solicitation shall be eighteen (18) years of age or over and shall be wearing a high visibility vest.
(C) Time Limit: There shall be no solicitation on highways within the village at the same location or for the same group or organization on whose behalf the solicitation is being conducted, for more than three (3) consecutive days per fundraising activity.
(D) Insurance Coverage: No solicitor shall be permitted to solicit on highways unless and until the solicitor provides proof to the village of general liability insurance coverage naming the village as well as its respective agents, officers and employees, as additional insureds in an amount as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for each occurrence. (Ord. 2011-4408, 10-17-2011; amd. Ord. 2021-4921, 9-20-2021)
(A) Solicitation at the Lisle/Burlington Northern Railroad commuter parking facility, depot and platform shall be allowed only in the following areas as set forth on exhibit A attached to ordinance 94-2460 and incorporated herein by reference: the tunnel, the breezeway connecting the depot and tunnel shelter, and the sidewalk on the southwest side of the depot building.
(B) No solicitor shall be permitted to solicit at the commuter parking facility unless and until the solicitor provides proof to the Village of general liability insurance coverage naming the Village and the Burlington Northern Railroad, as well as their respective agents, officers and employees, as additional insureds in an amount as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for each occurrence.
(C) All persons soliciting at the Lisle/Burlington Northern Railroad Commuter Parking Facility shall be sixteen (16) years of age or older.
(D) Solicitation at the Lisle/Burlington Northern Railroad commuter facility shall be limited to five (5) days per calendar month. Only one organization may be permitted to solicit at the train station at one time. (Ord. 2011-4408, 10-17-2011; amd. Ord. 2021-4921, 9-20-2021)
(A) Revocation Of Permit: The Village Manager or his/her designee shall revoke a solicitation permit for a violation of any of the regulations listed in sections 3-4-1 through 3-4-9 of this chapter, inclusive. Immediately upon such revocation, written notice thereof shall be given by the Village Manager or his/her designee to the holder of the permit by certified or registered mail, return receipt requested. Upon receipt of said notice of revocation, all solicitation shall cease.
(B) Appeals: In the event the Village Manager or his/her designee revokes any permit for solicitation, the person aggrieved by said decision shall have the right to appeal and have a hearing before the President and Board of Trustees. Such appeal shall be taken by filing with the Village Manager or his/her designee within ten (10) days after receipt of the notice of revocation, a written statement under oath setting forth specifically the grounds for appeal. The President and Board of Trustees shall thereupon set forth the time and a place for the hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in subsection (A) of this section. The decision of the President and Board of Trustees on such appeal shall be by a vote of a majority of all the members then holding office and shall be final. (Ord. 2018-4761, 4-16-2018)
Notwithstanding any other remedies available to the Village pursuant to this chapter, any person violating any of the provisions of this chapter shall be fined as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for each offense. A separate offense shall be deemed committed on each day on which the violation occurs or continues to occur.
(Ord. 2011-4408, 10-17-2011; amd. Ord. 2021-4921, 9-20-2021)