Article II: Solicitors
7-2-1 DEFINITIONS. For the purpose of this chapter, the following words as used herein shall be construed to have the meaning herein ascribed thereto, to-wit:
“REGISTERED SOLICITOR” shall mean and include 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” shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
“SOLICITING” shall mean and include any one or more of the following activities:
(A) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever, or;
(B) Seeking to obtain prospective customers for application 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 of money, clothing or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation or project.
7-2-2 CERTIFICATE OF REGISTRATION. Every person desiring to engage in soliciting as herein defined from persons within this municipality is hereby required to make written application for a Certificate of Registration as hereinafter provided. All resident charitable, non-profit organizations in this municipality which have been in existence for 6 months or longer shall be exempt from the provisions of this chapter.
7-2-3 APPLICATION FOR CERTIFICATE OF REGISTRATION. Application for a Certificate of Registration shall be made upon a form provided by the Chief of Police of this municipality and filed with such Chief. The applicant shall truthfully state in full the information requested on the application, to wit:
(A) Name and address of present place residence and length of residence at such address; also business address if other that residence address; also Social Security number.
(B) Address of place or residence during the past three years if other than present address.
(C) Age of applicant and marital status; and if married, the name of spouse.
(D) Physical description of the applicant.
(E) Name and address of person, firm or corporation or association with whom the applicant is employed or represents; and the length of time of such employment or representation.
(F) Name and address of employer during the past three years if other than the present employer.
(G) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
(H) Period of time for which the Certificate is applied.
(I) The date, or approximate date, of the latest previous application for a Certificate under this Code, if any.
(J) Has a Certificate of Registration issued to the applicant under this Code ever been revoked?
(K) Has the applicant ever been convicted of a violation of any of the provisions of this Code or the Code of any other Illinois municipality regulating soliciting?
(L) Has the applicant ever been convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law of the United States?
(M) The last three municipalities where the applicant carried on business immediately preceding the date of application and the address from which such business was conducted in those municipalities.
(N) Also, such additional information as the Chief of Police may deem necessary to process the application.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
The Chief of Police shall cause to be kept in his 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 chapter, and of the denial of applications. Applications for Certificates issued shall be numbered in consecutive order ad filed and every Certificate issued, including any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued. The Chief of Police shall have three days to review and process the application.
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 federal law of the United States, within 5 years of the date of application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provided.
7-2-4 ISSUANCE AND REVOCATION OF CERTIFICATE. The Chief of Police, after consideration of the application and al information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such Certificate as herein required, and that the issuance of a Certificate of Registration to the applicant would not be in accord with the intent and purpose of this Code. 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.
Any Certificate of Registration issued hereunder shall be revoked by the Chief of Police if the holder of the Certificate is convicted of a violation of any provision of this chapter, or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a Certificate of Registration under the terms of this chapter. 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.
Immediately upon the giving of such notice, the Certificate of Registration shall become null and void.
The Certificate of Registration shall state the expiration date thereof.
7-2-5 POLICY ON SOLICITING. It is declared to be the policy of this municipality 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.
7-2-6 NOTICE REGULATING SOLICITING. Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this article shall comply with the following directions:
(A) 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 following manner:
(B) A weather-proof card, approximately 3” x 4” in size shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows: “ONLY REGISTERED SOLICITORS INVITED” OR “NO SOLICITORS INVITED”
(C) The letters shall be at least 1/3 inch in height. For the purpose of uniformity, the cards shall be provided by the Chief of Police to persons requesting same, at the cost thereof.
(D) 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.
7-2-7 DUTY OF SOLICITORS. It is the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located, to first examine the notice provided for in Section 7-2-6 of this article if any is attached, and be governed by the statement contained on the notice. If the notice state “ONLY REGISTERED SOLICITORS INVITED,” then the solicitor no possessing a valid Certificate of Registration as herein provided shall immediately and peacefully depart from the premises; and if the notice state “NO SOLICITORS INVITED”, then the solicitor, whether registered or not shall immediately and peacefully depart from the premises.
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.
7-2-8 UNINVITED SOLICITING PROHIBITED. It is 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 Section 7-2-6 of this article.
7-2-9 TIME LIMIT ON SOLICITING. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a 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 securing and audience with the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or after 4:00 p.m. of any weekday or at any time on a Sunday or on a state or national holiday.
7-2-10 SOLICIATATIONS ON PUBLIC HIGHWAY. Charitable organizations shall be allowed to solicit upon public highways under the following terms and conditions:
(A) The charitable organization must be one that is registered with the Attorney General for the State of Illinois as a charitable organization as provided by “An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefore,” approved July 26, 1963, as amended.
(B) Solicit only at intersections where all traffic form all directions is required to come to a full stop.
(C) Be engaged in a state-wide fund raising activity.
(D) Be liable for any injury to any person or property during the solicitation which is causally related to an act or ordinary negligence of the soliciting agent.
(E) Any person so engaged in such solicitation shall be at least 16 years of age and shall wear a high visibility vest.
7-2-11 FEES. Upon making an application for a Certificate of Registration, the applicant shall pay a license fee, which shall be as follows:
(A) Per day: $10.00 per person
(B) Per Year: $50.00 per person
(Ill. Rev. Stat., Ch. 24; S 11-5-2)