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RULES AND PROCEDURES
(A) The practice of going in and upon the premises of private residences in the village by solicitors not having been requested or invited to do so by the owner or owners, occupant or occupants of private residences for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of displaying those goods, wares and merchandise and/or for the purpose of soliciting or procuring contributions or donations in exchange for, or in connection with, the distribution of goods, wares, merchandise or other things, having become persistent, frequent and common, being a great annoyance to owners or occupants and to the public at large, as well as in many instances resulting in the defrauding of the owners or occupants, and in some instances various violations of the laws while upon the premises, and being in general injurious to the public welfare, is hereby declared to be a public nuisance and is prohibited and punishable as a public nuisance and as a violation of this code.
(B) No person, whether permitted pursuant to the provisions of this article or not, shall stop or remain in any one location in any street, alley or public place within the village to conduct business as a solicitor for longer than is necessary to make a sale to a customer wishing to engage in a transaction,
(C) No solicitor shall engage in activity on any street, alley or public place after having been requested to desist by any police officer of the village because of congested or dangerous traffic conditions.
(D) No solicitor shall solicit at any dwelling or residence except after 9:00 a.m. and before 8:00 p.m. or dusk (whichever is earlier), Monday through Saturday, without an appointment.
(E) No solicitor, whether permitted pursuant to this article or not, shall barter, sell, or offer for sale any goods, wares, or merchandise, or actively solicit funds on property against the wish or desire of the property owner, tenant, or occupant of such property, or group of properties as expressed through a "no solicitation" or "no trespassing" sign, a sign displaying words of similar import, or any other means.
(F) Except as permitted by the village, it shall be unlawful for any solicitor to shout, cry, whistle, blow a horn, ring a bell, use or employ any flashing lights on any vehicle, or any other device, or use any sound device including loud speakers or sound amplifiers for the purpose of attracting attention to any goods, wares, merchandise, or services which the permit holder proposes to sell.
(G) No person shall operate or maintain any stand, vehicle, store or place of business on or near any highway in a manner that the customers of or traders with the person occupy or congregate within the limits of any street, lane, highway or public place within the village.
(H) No person shall be permitted to use the streets, alleys, lanes or public places of the village for the service of customers, or for the transaction of business, or to use any stands, stores or other places of business in any manner that shall require the customer, when transacting business, to stand within the limits of the streets, highways, alleys or public places of the village.
(Ord. passed 8-1-2016)
(A) It shall be the duty of any law enforcement officer to require any person seen soliciting who is not known by such officer to be duly permitted, to show proof of a permit issued by the Village Clerk, and to enforce the provisions of this chapter against any person found to be violating them.
(B) It shall be the duty of any law enforcement officer to examine all persons in their territories subject to the provisions of this chapter to verify compliance with this chapter and to enforce the provisions of this chapter.
(C) When the conduct of any solicitor is so adversarial to the public health, safety, and general welfare as to constitute a nuisance, any law enforcement officer shall have the authority to summarily order the cessation of soliciting.
(D) The Village Clerk or any police officer is authorized to revoke any permit issued under this chapter for violation of the provisions of this chapter.
(Ord. passed 8-1-2016)
(A) Municipal civil infraction. A person who violates this article is responsible for a municipal civil infraction subject to payment of a civil fine of not more than $100 reimbursement to the village for charges assessed for the expense of the abatement, plus costs and other sanctions for each infraction. Repeat offenses under this chapter shall be subject to increased fines as provided by § 110.06(B) of this chapter.
(B) Increased civil fines. Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this chapter. As used in this chapter, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or:
(1) Committed by a person within any 18-month period; and
(2) For which the person admits responsibility or is determined to be responsible.
(C) The increased fine for a repeat offense shall be as follows:
(1) The fine for any offense which is a first repeat offense shall be no less than $150 plus reimbursement to the village for charges assessed for the expenses of the abatement, plus costs and other sanctions for each infraction.
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $250 plus reimbursement to the village for charges assessed for the expense of the abatement, plus costs and other sanctions for each infraction.
(D) Additional fees. In addition to the remedies and penalties otherwise provided in this chapter, the village may seek temporary and permanent equitable relief to abate and enjoin violations of this chapter and shall have all other remedies provided by law or equity.
(Ord. passed 8-1-2016)