Solicitation App

CHAPTER 3. - SOLICITORS

• 3-3-1. - Definitions.

For the purpose of this chapter, the following words, as used herein, shall be considered to have the meanings herein ascribed thereto:

Applicant. Any individual that files an application for a solicitation permit as provided for in this chapter. An organization, group, association, partnership, joint venture, corporation, trust, or any combination of the foregoing may file applications on behalf of individuals, but a separate application must be made for each individual who will be soliciting within the village.

Premises. Any occupied building or structure, or any separate dwelling unit contained within any occupied building or structure, of any type within the village.

Registered solicitor. Any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his 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, 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 for contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project;

Except when such activity is conducted within a building zoned to permit such activity and under the ownership or control of the solicitor.

Village manager. The village manager or his or her representative, which may include, without limitation, employees of the Lake County sheriff.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-2. - Certificate of registration.

Every person desiring to engage in "soliciting" as herein defined from persons within the village is hereby required to make written application for a certificate of registration as hereinafter described. Such certificate shall be carried on the person of the solicitor.

It is hereby declared to be unlawful for any person to solicit within the village without first having obtained a valid certificate of registration and having the same on his person at the time of soliciting.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-3. - Application for certificate of registration.

(A) Application for a certificate of registration shall be made upon a form provided by the village. The applicant shall truthfully state in full the information requested on the application:

1. Name and address of present place of residence and length of residence at such address; also, business address if other than present address.

2. Age of applicant.

3. Physical description of applicant, including sex, height, weight, hair color, and eye color.

4. (a) Name and address of a person, firm, corporation, organization, or association whom the applicant is employed by or represents, and the length of time of such employment or representation.

(b) Name and address of the person, firm, corporation, organization, or association on whose behalf the applicant will be soliciting, if different than subsection (A)4.(a) of this section.

5. Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.

6. The dates on which solicitation is to be conducted.

7. The date or approximate date of the latest previous application for certificate under this chapter, if any.

8. (a) Whether a certificate of registration issued to the applicant under this chapter, or any similar ordinance in any other municipality, has ever been revoked for any reason.

(b) Whether the applicant has violated any term of any local, state, or federal solicitation regulation.

9. Whether the applicant has been convicted of a felony under the laws of the state of Illinois, any other state, or the United States, and the nature of any such conviction.

10. Description of applicant's vehicle, if any, including the make, model, year of production, and license plate number.

11. Whether the solicitation is to be conducted in the public right-of-way, or by going door to door to residences in the village.

(B) All statements made by the applicant upon the application or in connection therewith shall be under oath.

(C) The village manager 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 other denial of applications.

(D) Applications for certificates shall be numbered in consecutive order as filed and every certificate issued and any renewal thereof shall be identified with a duplicate number of the application upon which it was issued.

(E) By applying for a solicitation permit, every applicant authorizes any person to disclose, and the village to investigate, all information relevant to the applicant's application. Every applicant waives any and all claims against the village and agrees to indemnify and hold harmless the village and its elected and appointed officials, officers, boards, commissioners, attorneys, employees, and agents from any and all claims resulting from or arising out of, or alleged to result from or arise out of, any of the activities specified in this subsection. Every applicant will consent to and sign written authorization, waiver, and/or indemnification agreement as the village may require in connection with the activities specified in this subsection.

(F) During the pendency of an application for, or during the term of, any solicitation permit, the applicant or permit holder shall promptly notify the village manager in writing of any change in any material information given by the applicant or permit holder in the application for such permit.

(G) Application for a solicitation permit shall be made at least two business days prior to the commencement of solicitation.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-4. - Issuance or denial of certificate of registration.

(A) The village manager shall issue a solicitation permit within two business days of the receipt of an application, unless he or she finds that the applicant, within the past five years, has:

1. Had a previous solicitation permit revoked by: a) the village; b) another municipality; c) any state; or d) the federal government;

2. Violated any local, state, or federal solicitation regulations;

3. Been convicted of a felony under the laws of the state of Illinois, any other state, or the United States; or

4. Been found to have provided false information in applying for this, or any other, solicitation permit.

(B) The applicant may obtain his or her solicitation permit only by personally appearing at a location within the village designated by the village and presenting state issued photographic identification proving that he or she is the applicant.

(C)

1. If the application is denied, the village manager shall notify the applicant in writing of the denial, including the specific reason for the denial of the application. The village manager's notice of denial shall be delivered in person or by first class U.S. mail addressed to the applicant's current residence address as set forth in the application. The solicitation permit shall be deemed denied on the day that the notice of denial is delivered or is placed in the U.S. mail as provided in this subsection.

2. The denial of an application by the village manager is a final decision by the municipality, and may be immediately appealed by requesting a writ of certiorari from the Lake County circuit court.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-5. - Revocation of certificate of registration.

(A) Any certificate of registration issued hereunder shall be revoked by the village manager or the village superintendent if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application. Immediately upon such revocation, written notice thereof shall be given by the village manager to the holder of the certificate in person or by certified United States mail to the address set forth in the application. Immediately upon the giving of such notice, the certificate of registration shall become null and void.

(B) The revocation of a certificate of registration by the village manager is a final decision by the municipality, and may be immediately appealed by requesting a writ of certiorari from the Lake County circuit court.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-6. - Identification name tag.

At the time of issuance of a certificate of registration, the village manager shall also issue a name tag of the approximate dimensions of three inches by three inches which shall identify the applicant by name and organization and shall be carried by the solicitor when soliciting within the village. The certificate of registration and the identification name tag shall state the expiration date of the certificate of registration, and no certificate shall be issued for a period in excess of seven days.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-7. - Regulations applicable to all solicitation.

(A) Soliciting may only be done between the hours of 10:00 a.m. and 9:00 p.m.

(B) Every solicitor shall approach a premises only by using the principal approach route thereto, and every solicitor shall attempt to make contact with the occupants thereof only at the principal entrance to such premises.

(C) 1. If a premises has posted on or near its principal entrance a sign bearing the words "No Trespassing", "No Peddlers", "No Solicitors", or any other similar notice indicating in any manner that the occupants of such premises desire not to be solicited or to have their privacy disturbed, then no solicitation may occur at that premises. No person shall go upon any such 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(s) thereof and engage in "soliciting" as defined in this chapter, in defiance of the notice exhibited at the residence. The village manager may make available weatherproof cards/decals bearing a notice of the type herein described for posting on or near the principal entrance to any premises.

2. No solicitor shall solicit any person or premises at any time after any such person or any occupant of such premises requests that the solicitor leave the premises or otherwise cease soliciting.

A failure to comply with subsection (C)1. or (C)2. of this section constitutes criminal trespass to real property under the Illinois Criminal Code.

(D) No person shall solicit from a motorized vehicle at any time in any location within the village.

(E) No person shall advertise any solicitation at any time within the village by use of signs, sound, or any other method. Nor shall any person use music or any other sound when soliciting outside the public right-of-way.

(F) No person shall solicit anywhere in the village in a manner that completely or substantially impedes the flow of pedestrian or vehicular traffic in, on, or around any sidewalk or public property, way, or place. No person engaged in solicitation shall have the exclusive right to any sidewalk or other public property, way, or place, nor the right to establish a permanent stationary location for such solicitation.

(G) No person shall perpetrate a fraud or misrepresentation of any kind while engaged in solicitation within the village.

(H)  No person shall engage in solicitation within the village in such a manner that creates a danger or threat of any kind to the public health, safety, and welfare or violates any provisions in this code.

(I) Every solicitor engaged in solicitation within the village, and the business or organization represented by the solicitor, shall be liable for all injuries to any person or property that occurs during or as a result of the solicitation and that is causally related to an act of ordinary negligence of the solicitor or the business or organization the solicitor represents.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-8. - Solicitation in the public way.

Solicitation on public rights-of-way within the village shall be allowed only if such solicitation is conducted in strict compliance with all applicable provisions of this chapter, and only if such solicitation also complies with the following regulations:

(A) No person shall engage in solicitation on any public right-of-way within the village without first having applied for and obtained a valid solicitation permit therefor pursuant to this chapter. Because solicitation on a public right-of-way does not involve door to door activities, such solicitation involves different considerations related to public health, safety, and welfare as are raised by door to door solicitation. Accordingly, the application for a permit to solicit on a public right-of-way shall be made only by an organization on behalf of all individuals who shall be soliciting. Such application shall include the names and addresses of all such individuals who will solicit and shall conform to all other application requirements of section 3-3-3 of this chapter.

(B) No more than one group shall engage in solicitation on public rights-of-way within the village on any day. Permission to engage in solicitation shall be granted strictly on a first come, first served basis.

(C) No person shall engage in solicitation on any public right-of-way within the village at any time between the hours of 9:00 p.m. or dusk, whichever is earlier, and 6:00 a.m. or dawn, whichever is later.

(D) The village manager shall approve all locations in the rights-of-way of the village for solicitation to occur.

(E) No solicitor, nor the business or organization represented by the solicitor, shall engage in solicitation on public rights-of-way within the village on more than four days within any one calendar year. Such solicitation shall not be conducted on more than two consecutive days and not more than one such two day period in any four month period.

(F) No person younger than 16 years of age shall engage in solicitation on any public right-of-way within the village.

(G) Every person engaged in solicitation on any public right-of-way within the village shall wear a high visibility vest or other high visibility clothing at all times while engaged in such solicitation.

(H) No person shall stand in a public right-of-way within the village for the purpose of soliciting a ride from the driver of any vehicle, or for the purpose of soliciting employment or business from the occupant of any vehicle.

(I) Every solicitor engaged in solicitation on any public right-of-way within the village, and the business or organization represented by the solicitor, shall be liable for all injuries to any person or property that occurs during or as a result of the solicitation and that is causally related to an act of ordinary negligence of the solicitor or the business or organization the solicitor represents.

(J) Before engaging in any solicitation pursuant to this chapter, the solicitor shall provide to the village manager a certificate of insurance issued by an insurance company licensed to do business in Illinois indicating that the insurance company will insure the solicitor and the business or organization represented by the solicitor against any injury to any person or property during the solicitation that is causally related to an act of ordinary negligence of the solicitor or of the business or organization represented by the solicitor. Such certificate of insurance shall name the village as an additional insured, shall state that the insurance policy shall not be amended or canceled during the period of the permitted solicitation, and shall reflect that at least the following coverage has been provided:

1. Personal injury coverage of at least $1,000,000.00 per occurrence and $500,000.00 per person.

2. Property damage coverage of at least $100,000.00.

(Ord. No. 2003-16, 7-8-2003)

• 3-3-9. - Violation; penalty.

1. Fine; Payment. Each person who violates, neglects, refuses to comply with, or assists in the violation of any of the provisions of this chapter or of any order, solicitation permit, or notice issued pursuant to this chapter, shall be fined not more than $750.00 for each such violation.

Each day such violation continues shall constitute a separate offense. The village manager or the village manager's designee shall give written notice to any such person of any such violation and the fine imposed by serving a citation in person or by certified U.S. mail, return receipt requested. Failure to pay any fine assessed pursuant to this section within 30 days shall result in an increase of said fine to twice the amount set forth herein. For each 30 day period thereafter during which said fine and any resulting penalties are not paid, an additional $50.00 penalty shall be assessed; provided that the total cost of a single fine does not exceed $750.00.

(B) Payment Without Prosecution. Within ten days after the date of citation, any person served with a citation issued by the village manager or the village manager's designee pursuant to subsection (A) of this section may avoid prosecution for the violation(s) identified in the citation by surrendering the citation to the village manager or the village manager's designee and by paying at the same time to the village a sum in accordance with the following schedule:

1. For the first offense in any 12-month period: $50.00;

2. For the second offense in any 12-month period: $75.00;

3. For the third offense in any 12-month period: $100.00;

4. For the fourth offense in any 12-month period: $150.00;

5. For the fifth and any additional offenses in any 12-month period: $200.00.

Payment made after the ten day period but before legal action is brought against the violator shall be equal to 120 percent of the applicable amount listed in subsections (B)1 through (B)5 of this section. The village manager or the village manager's designee shall issue a receipt to any person making payment pursuant to the provisions of this subsection.

(C)Public Nuisance. Every violation of any term, provision, condition, restriction, or duty stated in this chapter or in any solicitation permit issued pursuant thereto is declared to be a public nuisance.

(Ord. No. 2003-16, 7-8-2003)