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PEDDLERS AND SOLICITORS
§ 112.01 PURPOSE.
   It is the purpose of the provisions of this subchapter governing peddlers and solicitors, other than highway solicitors, to prevent crime, including burglaries and fraud; to protect the health, safety, welfare and privacy of the citizens of the city; to ensure that the police department is aware of the number and identity of persons who will be soliciting for commercial and noncom- mercial purposes, and the geographical areas and time periods during which such activities will occur within the city; to prevent the imitation of noncom- mercial purposes by persons and organizations who would defraud the public, and thereby cause noncommercial purposes and organizations to be endangered by the suspicions engendered by such practices; and to protect the welfare, safety, peace, privacy, comfort and convenience of the public in its homes, from unwanted disturbances and intrusions without appointment.
(Ord. 02-36, passed 10-22-02)
§ 112.02 DEFINITIONS.
   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PEDDLER. Any person who engages in peddling. Peddler shall include but not be limited to any person required to be licensed pursuant to the "Transient Merchant Act of 1987." (225 ILCS 465/1, et seq.).
   PEDDLING. The act of door-to-door selling, or offering for sale, any goods, wares, merchandise, foodstuffs, services or other property of any kind, character or description whatsoever, for any kind of consideration whatsoever, for immediate delivery.
   PERSON. Any individual, organization, group, association, partnership, corporation, trust or any combination thereof.
   RESIDENCE. Every separate living unit occupied for dwelling purposes by one or more persons, and contained within any type of building or structure.
   SOLICITOR. Any person who engages in solicitation.
   SOLICITATION.
      (1)   Going upon any premises and ringing the doorbell, or creating any sound in any other manner upon or near any door that is calculated to attract the attention of the occupant of a residence for the purpose of engaging in any of the activities described in paragraphs (1) through (4) below:
         (a)   Seeking to obtain orders for future delivery for the purchase of any goods, wares, mer-chandise, foodstuffs, services or property of any, kind, character or description whatsoever, for any kind of consideration whatsoever (Solicitation 1);
         (b)   Seeking to obtain prospective customers for application or purchase of insurance, or financial services of any type, kind or character (Solicitation 2);
         (c)   Seeking to obtain subscriptions to books; magazines, periodicals, newspapers or any other type of publication and (Solicitation 3);
         (d)   Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable, civic, educational, religious or other non-profit association, organization, corporation or project (Solicitation 4);
      (2)   SOLICITATION shall not include the following:
         (a)   Any of the foregoing activities when undertaken by any person pursuant to a previous appointment or invitation;
         (b)   Canvassing or calling from house to house only for the purpose of communicating issues of general interest to the public, circulating petitions concerning matters of public policy, taking surveys or opinion polls, campaigning for candidates for public office or public questions, or communicating religious beliefs; or
         (c)   Boys and girls, 18 years of age or younger, who take orders for and deliver newspapers, wrapping paper, candy, cookies, Christmas greens, and the like; provided that the organization sponsoring such activities shall register with the city as provided in § 112.04 for Solicitation 3 or Solicitation 4, and further provided that the boys and girls representing such organization shall comply with the requirements of divisions (A) through (E) of § 112.05.
(Ord. 02-36, passed 10-22-02; Am. Ord. 06-35, passed 12-12-06)
§ 112.03 LICENSE TO ENGAGE IN PEDDLING, SOLICITATION 1 OR SOLICITATION 2.
   (A)   License required. It shall be unlawful for any person to engage in the business of peddling, Solicitation 1 or Solicitation 2 in the city, as defined in § 112.02 of this subchapter, without first obtaining a license therefor in accordance with the provisions of this subchapter.
   (B)   Application; procedure. Application for the license required by this section shall be made at the office of the police department. Such application shall be in writing on a form provided by the city, and shall contain the following information, along with any other information required by the chief of police in his reasonable discretion:
      (1)   The name, address, place of birth, age, height, weight and color of hair and eyes for each individual peddler or each of the individual persons engaged in Solicitation 1 and Solicitation 2;
      (2)   The name, address and telephone number of the firm, company, organization or association that such peddler or solicitor represents;
      (3)   The make of automobile or vehicle and license number of the automobile or vehicle, if any, to be used while engaging in such business;
      (4)   The goods, wares, merchandise, foodstuffs, services or other property of any kind, character or description whatsoever, to be sold or offered for sale; and
      (5)   The length of time for which such license is requested
   (C)   Approval or denial. Once filed with the police department, the application shall be submitted to the chief of police who shall, within three business days, issue a license unless, after a thorough investigation of the information contained in the application, it is found that:
      (1)   The application is incomplete or incorrect; provided that the applicant has been given the opportunity to correct or complete the application, and has not done so within three business days after being so notified; or
      (2)   The applicant has not submitted the total appropriate license fee as required hereunder.
   (D)   Fees. The fee for the license required by this section shall be $25 per peddler or solicitor per day or $100 per peddler or solicitor per year.
   (E)   Number of Licenses. No more than three licenses shall be issued under this section at any one time.
(Ord. 02-36, passed 10-22-02; Am. Ord. 06-35, passed 12-12-06)
§ 112.04 REGISTRATION TO ENGAGE IN SOLICITATION 3 OR SOLICITATION 4.
   (A)   Registration required. It shall be unlawful for any person to engage in Solicitation 3 or Solicitation 4 in the city, as defined under § 112.02 of this subchapter, unless such person is registered with the city's police department for purposes of identification only.
   (B)   Application. Application for a certificate of registration shall be made at the office of the police department. Such application shall be in writing on a form provided by the city, and shall contain the following information:
      (1)   The full name, mailing address and telephone number of the person or organization, if any, sponsoring, promoting or conducting the proposed activities;
      (2)   The full name, mailing address and telephone number of the individual person or persons, if any, who will supervise and have responsibility for the proposed activities; and
      (3)   The nature and purpose of the proposed solicitation; and
      (4)   The requested dates for the solicitation activities.
   (C)   Fee. No fee shall be required for registration under this section.
   (D)   Time for Registration. Solicitors for funds must register at least three business days prior to the solicitation of any funds. All solicitors for funds must also comply with the "Solicitation for Charity Act" (ILCS Ch. 225, Act 460, §§ 0.01 et seq.).
   (E)   Approval. Upon receipt of a completed registration application for solicitation under this section, the police department shall forthwith issue the person a certificate of registration, except as provided in paragraph (F) of this section.
   (F)   Denial and hearing. The sole basis for denial of a certificate of registration application shall be the failure of the applicant to complete or correct the application after being given the opportunity to do so, or the failure of the applicant to complete the application truthfully. The police department shall immediately notify the person in writing of the reasons for the denial, and the person may, within 10 days of the date such notice is sent, cure the defect resulting in the denial, or file a written appeal to the city administrator. The city administrator shall then, within a reasonable time, either affirm the denial or order the police department to issue the certificate. If a determination is not made by the city administrator within 10 days after the date of denial, an interim certificate of registration shall be issued, which shall be valid until such determination is made.
(Ord. 02-36, passed 10-22-02)
§ 112.05 RESTRICTIONS APPLICABLE TO PEDDLERS AND SOLICITORS.
   (A)   Hours for peddling, Solicitation 1 or Solicitation 2. It shall be unlawful for any person to engage in peddling, Solicitation 1 or Solicitation 2, as defined in § 112.02 of this subchapter, at any time prior to 9:00 a.m. or after sundown as defined by the National Weather Bureau.
   (B)   Hours for Solicitation 3 or Solicitation 4. It shall be unlawful for any person to engage in Solicitation 3 or Solicitation 4, as defined in § 112.02 of this subchapter, at any time prior to 9:00 a.m. or after 9:00 P.M.
   (C)   Trespass. It shall be unlawful for any person to engage in peddling or solicitation upon any premises or in any residence located thereon, in the following circumstances:
      (1)   After having been asked to leave such premises by the owner or occupant thereof, in which case, the person shall immediately and peacefully depart from the premises after being asked to leave.
      (2)   If such premises or residence is posted against solicitation or peddling, by means of a prominently displayed notice inscribed with a legend advising that no peddlers or solicitors are invited. If such a notice is provided, the person shall immediately and peacefully depart from the premises. The city's police department shall make such notices available, and any land owner or tenant resident upon any premises in the city who desires to take advantage of this paragraph, may prominently display such notice on the front door, or in the window nearest thereto, where it can be readily seen from the public sidewalk or other entryway in front of the premises.
   (D)   Rescission or cancellation of sale. It shall. be unlawful for any person who engages in peddling, Solicitation 1 or Solicitation 2, as defined in § 112.02 of this subchapter, 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 peddling or solicitation to use any false plan, scheme or ruse; to cheat, deceive, or make any fraudulent misrepresentation while acting as a peddler or solicitor in the city, whether through the company or organization or through an employee or solicitor thereof;
   (F)   Sales other than as in the application. It shall. be unlawful for any person who engages in peddling, Solicitation 1 or Solicitation 2, as defined in § 112.02 of this subchapter, to barter, sell or peddle any goods, wares, merchandise, foodstuffs, services or other property other than as specified in the application.
   (G)   Interference with traffic. It shall be unlawful for any peddler or solicitor to interfere with vehicular or pedestrian traffic on the public right-of-way.
   (H)   Sound amplification devices. It shall be unlawful for any peddler or solicitor to use sound or noise amplification systems or other mechanical sound devices in any peddling or solicitation.
   (I)   Identification badges. It shall be unlawful for any peddler or solicitor to fail to wear an identification badge on his or her outer garments that is visible at all times. Such badge shall be issued by the police department, and shall contain the name of the peddler or solicitor, and the name of the group or organization, if any, on whose behalf the peddler or solicitor is conducting activities that are regulated under this subchapter.
(Ord. 02-36, passed 10-22-02) Penalty, see § 112.07
§ 112.06 REVOCATION; NOTICE.
   (A)   Notice of hearing. The chief of the city's police department may seek revocation of a license to engage in peddling, Solicitation 1 or Solicitation 2, as defined in § 112.02 of this subchapter, for an alleged violation of any of the provisions of this subchapter by a peddler or a solicitor, if the chief determines, after investigation, that cause exists for the requested suspension or revocation of the permit. The chief shall do so by mailing written notice, by registered mail, to the person designated in the application as responsible for the peddling or solicitation activities: The notice shall include the time, date and place of a hearing before the city administrator, which hearing shall be no sooner than five days from the date of mailing. The notice shall specify that the person may be represented by counsel and shall have the right to confront and cross-examine witnesses.
   (B)   Testimony at hearing. Testimony at the hearing shall be taken upon oath or affirmation, with, testimony from witnesses in support of the revocation heard first, followed by testimony from the aggrieved peddler or solicitor, or by witnesses on his or her behalf.
   (C)   Hearing and determination. The city administrator shall make a determination concerning the requested revocation, and if revocation is granted, the administrator shall notify the person in writing, stating the reasons for the revocation, and stating the right to appeal to the city council within five days of the administrator's determination. The revocation will become effective immediately upon personal service on the person designated in the application as responsible for the peddling or solicitation activities, unless a timely appeal is filed, or unless a court of competent jurisdiction rules otherwise.
   (D)   Citation for persons engaged in Solicitation 3 or Solicitation 4. The certificate of registration for a person engaged in Solicitation 3 or Solicitation 4 may not be revoked; however, any such person may be issued a citation for violation of any of the provisions of this subchapter that governs such person's activity, and the Chief of Police may request that the organization replace such person with another solicitor for the organization to prevent further violations.
(Ord. 02-36, passed 10-22-02)
§ 112.07 VIOLATIONS; PENALTY.
   Any person convicted of violating any of the provisions of §§ 112.01 through 112.06 of this subchapter shall be subject to a fine of not less than $50 or more than $750 for each such offense.
(Ord. 02-36, passed 10-22-02)
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