The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
CANVASSER. Any individual, whether a resident of the village or not, traveling by foot, cart, automobile, truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise, or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who for himself or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the village for the sole purpose of exhibiting samples and taking orders for future delivery.
ITINERANT MERCHANT. Any person, whether an owner, agent, consignee or employee, and whether a resident of the village or not, who engages in a business of selling and delivering goods, wares and merchandise within the village and who in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the village for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided that such definition shall not be construed to include any such person who, while occupying such temporary location, does not sell from stock but exhibits samples only for the purpose of securing orders for future delivery only.
NUISANCE. The class of wrongs which arise from the unreasonable, unwarrantable or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent or unlawful personal conduct, working an obstruction of or injury to the right of another or of the public and producing such material annoyance, inconvenience, discomfort or hurt that the law will presume resulting damages.
PEDDLER. Any person, whether a resident of the village or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering chapters to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance and further provided that one who takes orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter.
PERMITTEE. Any person who is the holder of one or more permits issued pursuant to this chapter.
PUBLIC PLACE. Any and all streets, boulevards, avenues, lanes, alleys or other public ways and any and all public parks, squares, plazas, grounds and buildings.
REGISTRANT. Any person, organization, corporation, foundation, or business entity or the like who has registered its intent to solicit in the Village of Winthrop Harbor as provided herein, and has in his possession a copy of such registration on his person while engaged in soliciting.
SOLICITOR. Any individual, whether a resident of the village or not, traveling by foot or any other type of conveyance, from place to place, from house to house or from street to street, seeking to:
(1) Obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable, non-profit association, organization, corporation, or project,
(2) Take or attempt to take orders for the purchase of goods, wares, merchandise, foodstuffs and/or services, of any kind, character, or description whatever, for any kind of consideration whatever for future delivery so long as such purchase shall support or benefit any charitable, non-profit association, organization, corporation, or project, or
(3) Obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
STREET, ALLEY OR PUBLIC WAY. The entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for the purpose of vehicular traffic.
TRANSIENT VENDOR. Any person, whether as owner, agent, consignee or employee, whether a resident of the village or not, who engages in a business of selling and delivering foods, wares, or merchandise within the village and who in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the village for the exhibition and sale of such goods, wares and merchandise either privately or at public auction, provided that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock but exhibits samples only for the purpose of securing orders for future delivery only.
TRESPASS. Any or all of the following acts by any person, and such acts shall be deemed in violation of the provisions of § 117.99.
(1) An entry upon the premises or any part thereof of another, including any public property, in violation of a notice posted or exhibited at the driveway or the main entrance to such premises or at any point of approach or entry in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof;
(2) The pursuit of a course of conduct of action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to the premises or at any notice, warning or protest given orally or in writing by any owner or occupant thereof;
(3) Any use or attempted use (by any person other than an officer, agent or employee of the village) of any portion of real property owned by the village to the exclusion of any person without first obtaining a permit therefor in compliance with § 117.11(D);
(4) A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; or
(5) An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.
(Ord. 2014-O-20, passed 12-2-14)