Loading...
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSER. Any person, firm, corporation or entity including agents and employees of any firm, corporation or entity whether a resident of the city or not, who engages in canvassing.
CANVASSING. Includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle or other type of conveyance to go from place to place, from house to house or street to street by:
(1) Conducting a poll, survey or petition drive;
(2) Sharing, communicating or otherwise conveying ideas, views or beliefs; or
(3) Disseminating oral or written information to a person willing to directly receive such information, for the political, religious, charitable purposes or otherwise.
CHARITABLE. Patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal.
COMMERCIAL BUILDING. Any place of business within the city or any structure used by any firm, corporation or entity for the purpose of sale of any items on a commercial basis.
HANDBILLS. Include any commercial or non-commercial handbill, pamphlet, circular, newspaper, paper, newsletter, booklet, poster, leaflet, brochure or other printed or written materials that have been cast, deposited, placed, scattered or thrown onto the property of a business or residence in the absence of a subscription agreement.
HEARING OFFICER. The person designated or responsible for hearing and deciding any appeal relating to or regarding the denial or revocation of a solicitors permit and issuing a decision as required by this chapter.
PEDDLER. Any individual, firm, partnership, joint venture, association corporation, limited liability company, estate, trust, receiver, trustee, syndicate or other lawful entity, organization, society or association who or which engages in peddling.
PEDDLING. The selling, bartering or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways or public places of the city or from house to house, whether at one place thereon or from place to place, from any wagon, truck, pushcart or other vehicle or from movable receptacles of any kind, but shall not include the delivery routes where the purchaser has previously requested the seller to stop and exhibit his or her items.
RESIDENCE. Any separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITATION. Occurs when a solicitor travels by foot, vehicle or any other type of conveyance, from place to place, house to house or from street to street while engaging in one or more of the following activities:
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, personal property or services of any kind, character or description for any kind of remuneration or consideration regardless of advance payment of sought;
(2) Seeking to obtain prospective customers for application or purchase of insurance of any type;
(3) Seeking to obtain prospective customers or clients for application or purchase of stocks, bonds, mutual funds or other investments;
(4) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication;
(5) Seeking to obtain gifts or contributions of money, clothing or other property of value for the support or benefit, in whole or in part, of any charitable or non-profit association, organization, corporation or project;
(6) Delivery of handbills;
(7) Seeking to engage an individual in conversation at a residence or commercial building for the purpose of promoting or facilitating the receipt of information regarding religious belief, political position or charitable conduct;
(8) Activities falling within the definition of canvassing; and/or
(9) Activities falling within the definition of peddling.
SOLICITOR. Any individual, firm, partnership, joint venture, association corporation, limited liability company, estate, trust, receiver, trustee, syndicate or other lawful entity, organization, society or association who or which engages in solicitation.
(Ord. 3775, passed 9-4-2012; Ord. 3858, passed 2-2-2015; Ord. 4109, passed 9-3-2019)
Unless otherwise authorized, permitted or exempted, pursuant to the terms and provisions of this chapter, being in or upon a private residence or commercial property or on a public street within the city by a solicitor for the purpose of solicitation is prohibited and is punishable as set forth in this chapter.
(Ord. 3775, passed 9-4-2012) Penalty, see § 111.99
(A) No person shall engage in the act of solicitation, unless such person obtains a permit from the Director of Public Safety, or his or her designee.
(B) The application for the permit, as provided by the city, shall contain information about the solicitor, including the following:
(1) The applicant’s name, telephone number and home address and length of residence at such address;
(2) Applicant’s home address during the past three years if other than applicant’s present home address;
(3) Applicant’s present local address if other than applicant’s home address;
(4) Applicant’s business address if other than present home or local address;
(5) Applicant’s date of birth;
(6) Applicant must provide a photo copy of applicant’s driver’s license or identification card issued by any state;
(7) If employed or acting as an agent, the name, address and telephone number of the employer or principal who is being represented, as well as credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or the principal;
(8) The name and address of the applicant’s employer/principal during the past three years if other than the present employer/principal;
(9) A description sufficient for identification of the subject matter of the solicitation which the applicant will engage in;
(10) The date of the latest previous application for a permit under this chapter, if any;
(11) Whether a permit issued to the applicant under this chapter has ever been revoked and, if so, when and the reason for the revocation;
(12) Whether the applicant has ever been convicted of a violation of any other provision of the city’s code of ordinances or the code of any other municipality regulating solicitation;
(13) A statement as to whether or not the applicant has been convicted of any criminal offense under any state law or federal law of the United States whether felony or misdemeanor, other than traffic violations. As to any such offense, the applicant must provide the date and place of conviction, the nature of the offense and the punishment or penalty imposed;
(14) The names of the last cities or villages, not exceeding three, where applicant has carried on business immediately preceding the date of application and the address(es) from which the business was conducted in those municipalities;
(15) Two photographs of the applicant will be taken by the City Police Department personnel at the time application is made;
(16) Proof of possession of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such laws or regulations, would exempt the applicant from the permit requirements of this chapter. If a charitable solicitation, applicant shall show compliance with the Solicitation for Charity Act, ILCS Ch. 225, Act 460, §§ 0.01 et seq.;
(17) The application shall contain a waiver of liability, allowing the city to investigate and verify the information contained in the application; and
(18) The application shall be verified, under oath, by the applicant stating that the information contained therein is true and correct.
(Ord. 3775, passed 9-4-2012)
(A) The following are exempt from obtaining a solicitor’s permit and from registering with the city:
(1) Persons specifically invited to a residence or a commercial building by a competent individual prior to the time of the person’s arrival at the residence or commercial building;
(2) Person delivering goods to a residence or commercial building pursuant to a previously made order, or persons providing services at a residence or commercial building to a previously made request by a competent individual;
(3) Persons advocating or disseminating information for, against or in conjunction with any religious belief, or political position;
(4) Those 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;
(5) Those who canvas door to door;
(6) Those who distribute handbills;
(7) A person of 16 years of age and under, who is participating in a fund raising program for, or sponsored by, a public or private elementary, high school or bonafide children’s organization, including, without limitation, Boy Scouts, Girl Scouts or youth sports; and
(8) A charitable solicitor other than a charitable organization soliciting on city streets. (See § 111.14 of this chapter.) The charitable solicitor, however, shall comply with the Solicitation for Charity Act, ILCS Ch. 225, Act 460, §§ 0.01 et seq., if applicable.
(Ord. 3775, passed 9-4-2012)
The Director of Public Safety, after consideration of the application and all information obtained relative thereto, shall issue the permit if the applicant possesses the qualifications for such permit as herein required and the issuance of a permit to the applicant would be in accord with the intent and purposes of this chapter. The permit shall be issued for the calendar year in which the application is filed. The permit shall be issued within 15 days of the receipt of the application and shall expire on December 31 of the year for which it was issued. The solicitor shall surrender the permit to the Director of Public Safety upon its expiration unless renewed by the Director of Public Safety.
(Ord. 3775, passed 9-4-2012)
Upon approval of the application for a permit, as hereinbefore stated, the Director of Public Safety shall issue credentials to the applicant which credentials shall be issued over the name of the Director of Public Safety, and to which shall be appended a photograph of the applicant. Such credentials must be worn by the solicitor within the city when soliciting. The credentials will be worn in such a manner as to be readily visible to all individuals being solicited.
(Ord. 3775, passed 9-4-2012)
(A) A permit applicant must pay a non-refundable application fee in the amount of $100 payable to the city (money order, in-state business check, cashier’s check or exact change cash only). In addition, each person to whom a permit is issued shall pay a non-refundable annual fee of $100 (money order, in-state business check, cashier’s check or exact change cash only).
(B) Once a permit is issued the solicitor may annually renew the permit for the following year, by paying, to the city, a non-refundable renewal fee of $100 (money order, in-state business check, cashier’s check or exact change cash only) by no later than December 31 in the year in which the permit is to expire. In addition, the solicitor shall confirm the information contained within the initial application and advise the Director of Public Safety of any changes with regard to the information. Should the solicitor fail to renew the annual permit, he or she shall be required to reapply for a new permit.
(Ord. 3775, passed 9-4-2012; Ord. 4186, passed 7-6-2021)
Unless otherwise noted herein, the following shall apply to all solicitors, including those exempt from obtaining a solicitor’s permit or from registering with the city.
(A) Any solicitor who has gained entrance to any residence or commercial building, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
(B) It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether issued a permit under this chapter or not, to solicit on a public street or to go upon any premises and ring the doorbell upon or near any door of a residence or commercial building located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract attention of the occupant of such residence or commercial building for the purpose of securing an audience with the occupant thereof, and engage in soliciting as herein defined, at any time less than 30 minutes after sunrise or 30 minutes before sunset. Further, it shall be unlawful to engage in soliciting at any time Sunday or any state or nation holiday. This provision shall not apply to solicitation on streets by charitable organizations, as provided in § 111.14 of this chapter. Further canvassing may take place between the hours of 9:00 a.m. and 8:00 p.m. central time on any day.
(C) Except as provided in § 111.14 of this chapter, no solicitor shall solicit in a city street or highway located within the city.
(D) No solicitor shall represent in any manner that the city or its departments or officers have indorsed the permit holder or the products, services or causes on behalf of which individuals are being solicited without the written consent of the Director of Public Safety.
(E) No solicitor shall willfully obstruct the movement of any person on any street, sidewalk or other public place.
(F) No solicitor shall solicit any person that has objected by words or conduct to such soliciting.
(G) No solicitor shall refuse to identify the entity on whose behalf the soliciting is being conducted when requested to do so by any person contacted by the solicitor or fail to truthfully state the use(s) to which any solicited item(s) will be put when requested to do so by any person being solicited.
(H) No solicitor shall threaten any injury or damage to any individual who declines to be subject to any soliciting or who declines to make a purchase, donation or contribution.
(I) No solicitor shall directly or indirectly solicit for any purpose by misrepresentation of his or her name, occupation, financial conditions, social condition, physical or mental health or residence and no person shall make or perpetrate any misstatement, deception or fraud in connection with any soliciting for any purpose.
(J) No more than two solicitors shall solicit at a residence or commercial building at any one time.
(K) It shall be unlawful for any solicitor, other than the permit holder, to use any permit issued under the provisions of this chapter.
(Ord. 3775, passed 9-4-2012; Ord. 3858, passed 2-2-2015; Ord. 4111, passed 9-3-2019) Penalty, see § 111.99
(A) Any occupant of a residence or commercial building may give notice of a desire to refuse solicitors by displaying a “No Solicitation” or “No Trespassing” or similar sign which shall be posted on or near the main entrance door or near the property line adjacent to the sidewalk leading to the residence or the commercial building. Such sign shall not exceed the size parameters specified in the city’s land use ordinance regulating to signs. The display of such sign shall be deemed to constitute notice to any solicitor that the inhabitant of the residence or commercial building does not desire to receive and/or does not invite solicitors. It shall be the responsibility of the solicitor to check such residence or commercial building for the presence of any such notice.
(B) The Department of Public Safety shall maintain a “Do Not Contact List” which is available on the city’s website and at the office of the City Clerk. The “Do Not Contact List” shall set forth the address of the property of the owners/tenants of the property who do not wish to be solicited or wish to receive solicitors. It is the responsibility of the solicitor to make himself or herself aware of the list before entering into the act of soliciting.
(C) No solicitor shall solicit at any residence or commercial building where the owner or occupant has provided notice pursuant to divisions (A) and/or (B) above.
(D) The provisions of this section shall apply to all solicitors including those who are exempt from obtaining a solicitor’s permit or registering with the city.
(Ord. 3775, passed 9-4-2012)
The Director of Public Safety, after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such permit as herein required, and the issuance of a permit to the applicant would not be in accord with the intent and purposes of this chapter. Endorsement of the denial shall be made by the Director of Public Safety upon the application.
(Ord. 3775, passed 9-4-2012)
Any permit issued hereunder may be revoked by the Director of Public Safety for any of the following reasons:
(A) Fraud, misrepresentation or false statement contained in the application for a permit;
(B) Fraud, misrepresentation or false statement made by the permitee in the course of conducting solicitation activities;
(C) Conducting solicitation activities contrary to the provisions contained in the permit;
(D) Conviction of a felony or any crime involving moral turpitude subsequent to the issuance of a permit;
(E) Conducting solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public; and/or
(F) Going upon the premises of a residence or commercial building in violation of § 111.10 of this chapter.
(Ord. 3775, passed 9-4-2012)
(A) An applicant whose permit has been denied or a registered solicitor whose permit has been revoked shall have the right to appeal to the Hearing Officer the denial of the application for or revocation of the solicitor’s permit. Upon determining that grounds for a permit denial or revocation exists as set forth in §§ 111.11 or 111.12 of this chapter, the Director of Public Safety shall furnish written notice of the denial or revocation to the applicant or permit holder. Such notice shall summarize the principal reasons for the denial or revocation; shall state that the applicant or permit holder may appeal the decision by filing a written request for a hearing with the Director of Public Safety within ten business days of the postmarked date of the denial or revocation of the permit. If the request for hearing is timely made, the city’s Hearing Officer shall conduct a hearing within 21 calendar days of the filing of such request by the applicant or permit holder. Notice of time and place of the hearing shall be given to the applicant or permit holder at least seven calendar days in advance of the date set for the hearing. At the hearing, the applicant or permit holder and the city shall be entitled to present relevant evidence and call witnesses who shall testify under oath. All notices to the applicant or permit holder shall be delivered by sending the notice, by certified mail, postage pre-paid addressed to the applicant or permit holder as the name and address appears on the application of the applicant or permit holder.
(B) At the conclusion of the hearing, the Hearing Officer shall decide whether grounds for denial or revocation of the permit exist and shall submit a written report to the Director of Public Safety. Such report shall contain a brief summary of the evidence considered and shall state findings, conclusions and whether the decision of the Director of Public Safety is affirmed or reversed. If the Director of Public Safety’s decision is reversed, a permit shall be issued or reinstated as the case may be, forthwith. A copy of such report shall be forwarded by certified mail, postage prepaid to the applicant or permit holder within one day after it is filed with the Director of Public Safety. The decision of the Hearing Officer shall be final and binding on all parties concerned with said decision being subject to the State Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq. The costs of preparing and certifying the record of the proceedings for filing with the Circuit Court shall be paid to the city by the appellant prior to the filing of such record with the court.
(Ord. 3775, passed 9-4-2012)
Loading...