(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
REGISTERED SOLICITOR. Any person who has obtained a valid certificate of registration as hereinafter provided, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
RESIDENCE. Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING. Any one or more of the following activities:
(a) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services, of any kind, character or description whatever, for any kind or consideration whatever; or
(b) Seeking to obtain prospective customers for application for or purchase of insurance of any type, kind or character; or
(c) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or
(d) Seeking to obtain gifts or contributions or money, clothing or any other valuable thing for the support or benefit of any charitable, religious, political or nonprofit association, organization, corporation or project; or
(e) Seeking to proselytize beliefs by any charitable, religious, political or nonprofit association, organization, corporation or project.
(B) Certificate of registration. It is hereby declared to be the policy of the Village Board that the occupant or occupants of the residences in this municipality shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences. If no determination is made as is provided in division (F) below, registration is not required for soliciting of that particular residence.
(C) Application for certificate of registration; fee.
(1) Application for a certificate of registration shall be made upon a form provided by the Village Hall. The applicant shall truthfully state in full the following information:
(a) Name and address of present place of residence and length of residence at such address; business address if other than residence address; social security number;
(b) Address of place of residence during the past three years if other than present address;
(c) Physical description of the applicant; or photograph on driver's license, or state identification card;
(d) Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and length of time of such employment or representation;
(e) Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in;
(f) Period of time for which the certificate is applied for, which shall not exceed one year;
(g) The date, or approximate date, of the latest previous application for a certificate under this section, if any;
(h) Whether a certificate of registration issued to the applicant under this section, or any similar certification issued by any other municipality, has ever been revoked;
(i) Whether the applicant has ever been convicted of a violation of any of the provisions of this section; and
(j) Whether the applicant has ever been convicted of a felony under the laws of the State of Illinois, any other state, or the United States.
(2) All statements made by applicant under the application or in connection therewith shall be under oath.
(3) Each application by a person or entity other than a not for profit entity shall be accompanied by a nonrefundable application fee in an amount determined by the Village Board.
(4) The Chief of Police shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this section, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
(D) Issuance of certificate.
(1) No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other state or the United States within five years of the date of application; nor to any person who has been convicted of a violation of any of the provisions of this section. Further, no certificate of registration shall be issued to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.
(2) The Chief of Police, 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 certificate as herein required. Endorsement shall be made by the Chief of Police upon the application of the denial of the application. When the applicant is found to be fully qualified, the certificate of registration shall be issued forthwith.
(E) Revocation of certificate.
(1) (a) Any certificate of registration issued hereunder shall be revoked by the Chief of Police if:
1. The holder of the certificate is convicted of a violation of any of the provisions of this section or has made a false material statement in the application;
2. The holder engages in soliciting inconsistent with the information contained in its application; or
3. The holder becomes disqualified for the issuance of the certificate of registration under the terms of this section.
(b) Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by certified U.S. mail addressed to his or her residence address set forth in the application.
(2) Immediately upon the giving of such notice, the certificate of registration shall become null and void.
(3) The certificate of registration shall state the expiration date hereof.
(F) Notice regulating soliciting. Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this section may comply with the following regulations:
(1) Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any residence, shall be given in the manner following:
"ONLY SOLICITORS REGISTERED IN TREMONT INVITED"
or
"NO SOLICITORS INVITED"
(2) The letters shall be at least one-third inch in height. For the purpose of uniformity the cards shall be provided by the Chief of Police to persons requesting, at the cost thereof.
(3) Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
(G) Duty of solicitors.
(1) It shall be the duty of every solicitor upon going onto any premises in the village upon which a residence as herein defined is located to first examine the notice provided for in division (F) above, if any is attached, and be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS REGISTERED IN TREMONT INVITED", then any solicitor not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises; and if the notice states "NO SOLICITORS INVITED", then any solicitor, whether registered or not, shall immediately and peacefully depart from the premises.
(2) 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.
(H) 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 of the occupant of such residence, 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 residence in accordance with the provisions of division (F) above.
(I) Time limit on soliciting. It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this section or not, to go upon any premises and ring the doorbell upon or near any door of such 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 soliciting as herein defined, on any day of the week prior to 9:00 a.m. or after the later to occur of 7:00 p.m. or sunset.
(Ord. 22-109, passed 6-6-2022)