Chapter 5-112
SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS
Sections:
5-112-015 Prohibition on solicitation for commercial purpose.
5-112-020 Registration for permitted solicitation.
5-112-024 Penalty and enforcement.
5-112-025 “No Soliciting” notices.
5-112-026 Panhandling prohibited.
Prior legislation: prior code §§ 5-36-1 through 5-36-5.
5-112-005 Purpose.
The purpose of this chapter is to ensure the safety, peace, and well-being of all citizens of the city of Harvey through the regulation and delineation of appropriate methods and means of door-to-door contact with citizens at their residences located within the city limits of the city of Harvey. This purpose is in the public interest and for the betterment of the community and this chapter. (Ord. 3412, 2020)
5-112-010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section:
A. “City” means the city of Harvey, Illinois.
B. “Itinerant merchant” means any person or business lacking a formal and authorized U.S. mailing address who engages in a temporary business of selling and delivering unsolicited goods, wares, merchandise, or other commodities within the city, and who in furtherance of such purpose leases, uses, or occupies any building, vehicle, trailer, tent, railroad car, hotel room or other place in the city for the exhibition and sale of such goods, wares, merchandise, or other commodities.
C. “Peddler” means any person, except those selling newspapers, Bibles, or religious tracts, who goes from house to house, living unit to living unit, or within any residential area, conveying or transporting goods, wares, or merchandise or other commodities or offering or exposing the same for sale throughout different parts of the city for commercial gain.
D. “Solicitor” means any person who goes from house to house, living unit to living unit, or within any residential area for the purposes of taking unsolicited orders for sales of goods, wares, or merchandise of a commercial nature or content for immediate or future delivery, or for services to be performed immediately or in the future for commercial gain. Such definition includes any person who, for himself or another, leases, uses or occupies any building, vehicle, trailer, tent, railroad car, hotel room, or other place in the city for the primary purposes of exhibiting samples and taking orders for future delivery.
E. “Panhandling” means any solicitation made in person upon any street, public place or park in the city, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations. (Ord. 3412, 2020)
5-112-015 Prohibition on solicitation for commercial purpose.
A. Except as exempted by Section 5-112-023 of this code, itinerant merchants, solicitors, and peddlers are prohibited from distributing or causing to be distributed to residential areas in the city of Harvey, handbills or other commercial advertising matter of any kind by placing or causing the same to be placed in any automobile, yard, porch, or mailbox in the city not in the possession or under the control of the person so distributing.
B. Except as exempted by Section 5-112-023 of this code, no peddler, solicitor, or itinerant merchant will be permitted to solicit for commercial purposes door-to-door in residential areas through the city or from house to house to sell, expose, or offer for sale in any of the streets or alleys of the city any goods, wares, or merchandise.
C. Any person or business soliciting pursuant to certificate of registration as set forth in Section 5-112-020 of this code shall be limited to the placement and leaving of advertisements, handbills, or other commercial marketing materials. (Ord. 3412, 2020)
5-112-020 Registration for permitted solicitation.
A. Any person or business that does not meet the definition of an itinerant merchant, solicitor, or peddler desiring to engage in soliciting at a residence in the city shall apply to the city for a monthly certificate of registration. The certificate, issued by the city clerk or his/her designee, shall be maintained by the city clerk and a legible copy shall be carried by the registrant at all times while soliciting. Upon request for inspection by an occupant of a residence or a police officer or other city official or designee, while the registrant is engaged in business or seeking to transact his business at any residence, the registrant shall produce and show a copy of this certificate. Failure to produce a valid registration shall result in forfeiture of the registration and other applicable fines, levies, or punishments.
B. The city shall provide a standard form for use for registration. The applicant shall state in writing upon his or her oath or affirmation that the information is truthfully provided to the best of his or her knowledge or belief. The applicant shall provide the following information:
1. Applicant’s true, correct and legal name and the name of the organization for which he/she is soliciting.
2. Address, phone number and email of applicant’s place of business.
3. A description of the applicant’s anticipated mode of transportation, including make, model, and license plate number of any motor vehicle.
4. The purpose for which soliciting is being done.
5. A brief description of the anticipated method of solicitation.
6. A statement as to whether or not the applicant has ever been convicted of a felony or misdemeanor against person or property.
7. A statement documenting that the applicant is authorized to solicit on behalf of the organization.
8. A passport size photo of the applicant.
9. A copy of the applicant’s driver’s license, identification card, passport, or some other form of validly issued photo identification.
C. The cost of the registration shall be set at fifty dollars ($50.00) and is subject to change as necessary.
D. All certificates are nontransferable, and a separate registration must be made for each person intending to solicit. (Ord. 3412, 2020)
5-112-023 Exemptions.
The provisions of this chapter shall not be construed to apply to:
A. Persons making solicitations solely for a church, religious organization or charitable organization, including any unincorporated association or corporation under the supervision of any church, charitable organization or religious organization exempted under the tax provisions of the United States Internal Revenue Code.
B. Any organization exempted under the tax provisions of the United States Internal Revenue Code or applicable laws, statutes, and codes of the state of Illinois.
C. Students soliciting contributions to finance extracurricular, academic, social, athletic, artistic, scientific, or cultural programs; provided, that the solicitation has been approved by the principal, school board, or an educator or administrator within the school corporation.
D. Persons canvassing for the purpose of distributing political literature or materials on behalf of a political party, candidate or public issue or introducing themselves as a supporter of a candidate, political party, cause or issue.
E. Persons making solicitations solely for a nationally recognized nonprofit youth organization such as YMCA, YWCA, Boy Scouts, Girl Scouts, or similarly recognizable boys’ and girls’ clubs.
F. Persons or businesses participating in a festival, block party, or other street party type event that has been authorized and approved by the city council.
G. Any newspaper or any publication printing news of a general nature and keeping advertising space therein open to the public and the publishing of general advertising matter.
H. Any business entity that has been permitted, authorized, or requested to solicit at a residence by the citizen owning the residence or any citizen occupying the residence as a tenant in possession. (Ord. 3412, 2020)
5-112-024 Penalty and enforcement.
An individual or business performing the above actions in violation of this chapter shall be penalized a minimum of five hundred dollars ($500.00) per day, but not more than one thousand dollars ($1,000.00) per day nor more than two thousand five hundred dollars ($2,500.00) per violation for unauthorized solicitation. A separate offense shall be deemed committed on each day a violation occurs or continues.
The Harvey police department shall be authorized and will issue any citations for violations of this chapter. The citation would contain the designated dollar amount of the fine, the ordinance number of the violation, and that any fines are paid to the clerk’s office. The city attorney would then only file a civil suit if the citation is not paid within seventy-two (72) hours of issuance.
Any person or business found to have violated this chapter and being issued a citation that is not paid within seven (7) business days of issuance shall be barred from ever receiving another certificate under this chapter without first obtaining written approval from the city council of the city of Harvey. (Ord. 3412, 2020)
5-112-025 “No Soliciting” notices.
A. Any occupant of a residence or occupants of a multifamily dwelling who desire(s) not to have any solicitation call on said residence(s) shall give notice of this desire to refuse solicitors by displaying a clearly visible weatherproof placard no smaller than sixteen (16) square inches and no larger than ninety-four (94) square inches stating “No Soliciting” which shall be posted on or near the main entrance of the private property and not within the public right-of-way.
B. Residents of a residential subdivision, acting through an authorized homeowners’ association or other applicable corporate entity, may elect and indicate their desire not to have solicitors call on any residences in that subdivision by giving notice of the desire to refuse solicitors by displaying a clearly visible weatherproof placard no smaller than sixteen (16) square inches and no larger than ninety-four (94) square inches stating “No Soliciting” which shall be posted on or near the main entrance of the residential subdivision and not within the public right-of-way.
C. Any commercial entity or business operating within the city of Harvey may elect to post “No Soliciting” signs that meet or exceed the requirements set forth in subsection A of this section. Posting of this sign shall give notice to refuse solicitors in conjunction with this chapter.
D. All “No Soliciting” signs must comply with the applicable provisions of the ordinances of the city.
E. Any person found to solicit at a residence that has posted a “No Soliciting” notice shall be in violation of this chapter and subject to penalty as set forth herein. (Ord. 3412, 2020)
5-112-026 Panhandling prohibited.
Panhandling, as that term is defined by Illinois Code Section 625 ILCS 5/11-1006, is prohibited within the city of Harvey. (Ord. 3412, 2020)
5-112-030 Fingerprinting.
No permit shall be granted until said application is signed and received the written approval of the chief of police or other officer of the police department, whose duty it is to examine such applicants, perform a background check and the applicant is fingerprinted and fee of thirty dollars ($30.00) paid. (Ord. 3412, 2020)