Chapter 5.106 SOLICITORS

It is unlawful for any person, firm or corporation to engage in the business of calling at residences, places of business or public places in the village for the solicitation of orders for goods, wares or merchandise without first signing an application for and securing a license as is required in this article. It is further required that every person so engaged in such soliciting shall wear in a conspicuous place on his or her person a badge that can be readily seen by other persons at all times during soliciting. No license shall be issued to any person, firm or corporation who does not fully comply with the provisions of this article.

5.106.020 Application.

Application for a license as required in this article shall be made in writing and shall set forth the residence address of the applicant and such other information as may be required by the president and board of trustees.

5.106.030 Fee.

The license fee of twenty-five dollars shall be paid by every person securing a solicitor’s license. Such fee shall be deposited with the village clerk at the time of filing of the application and if a license is issued, it shall be paid over to the village treasurer. If the license is denied the deposit shall be resumed to the person requesting the license. (Ord. 89-5 § 49, 1989; Ord. 82-10 § 1, 1982)

5.106.040 Badges.

The village clerk shall have designed, and shall procure on behalf of the village, sufficient badges of a uniform type to supply the needs of those to whom licenses are issued under this article. An official solicitor’s badge shall be issued to each person licensed under this article upon such licensee depositing with the village clerk the sum of five dollars, which shall be refunded to the licensee upon the return of the badge to the village clerk. Such badge shall remain the property of the village at all times and shall be returned to the village clerk upon the expiration or cancellation of such license.

5.106.050 Issuance of license.

A. Any license issued under this article shall be effective for the period commencing the day after its issuance until and including the thirtieth day following the date of such issuance unless revoked pursuant to the provisions hereof. Upon the filing of an application for a license, together with the deposit required in this article, with the village clerk, the clerk shall examine such application and if it shows compliance with the ordinances, he shall submit the same to the president and board of trustees with his opinion as to whether or not such license should be granted. If the president and board of trustees concur, then a license shall be issued. Each such license shall be signed by the president and countersigned and sealed by the clerk, and shall recite that no one shall do any soliciting under this article without wearing the official solicitor’s badge as required.

B. No license shall be issued to any person who has been convicted of burglary, larceny, rape or other infamous crime; or who has had a license revoked for violations of the provisions of this article during the same year for which a new license is requested. If anyone has filed an application and been granted a license during the fiscal year, he shall file a new application for an additional license and fee for each additional thirty-day period. (Ord. 82-10 § 10, 1982)

5.106.060 Unlawful acts designated.

It is unlawful for any person licensed under this article to force his way into a home or place of business for the purpose of solicitation against the will of the person in charge thereof or to make a nuisance of himself to the occupant or occupants thereof; and further, in case any such person so soliciting shall be requested to leave any premises where he is soliciting business by the person in charge thereof, he shall leave such premises promptly. It is unlawful for anyone soliciting business under a license issued under the provisions of this article to resort to any fraud, cheating or misrepresentation in connection with such solicitation; or to solicit the sale of anything not specified in his application for a license; or to violate any laws of the federal, state or village governments. Hours for soliciting shall be limited to the period from nine a.m. to five p.m.

5.106.070 Revocation.

The president shall and is authorized to revoke any license under this article for a willful violation of any of the provisions of this article by any person, firm or corporation to whom the same shall have been issued. Such revocation shall be in addition to any fine imposed under this article.

Article II. Certificate of Registration – General Regulations

5.106.080 Definitions.

A. “Registered solicitor” means and includes any person who has obtained a valid certificate of registration as provided in this article, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.

B. “Soliciting” means and includes any one or more of the following activities:

1. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever, for any kind of consideration whatever; or

2. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or

4. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project.

C. “Residence” means and includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. (Ord. 95-11 § 1, 1995)

5.106.090 Application – Required.

Every person desiring to engage in soliciting as defined in RMC 5.106.080 from persons in residences within this municipality is required to make written application for a certificate of registration as provided in this article.

5.106.100 Application – Form.

Application for a certificate of registration shall be made upon a form provided by the chief of police and filed with such chief. The applicant shall truthfully state in full the information requested on the application:

A. Name and address of present place of residence and length of residence at such address; also business address if other than residence address, including Social Security number;

B. Address of place of residence during the past three years, if other than present address;

C. Age of applicant and marital status and, if married, name of spouse;

D. Physical description of applicant;

E. Name and address of person, firm, corporation or association whom the applicant is employed by or represents, and length of time of such employment or representation;

F. Name and address of employer during past three years if other than present employer;

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

H. Period of time for which the certificate is applied for;

I. Date, or approximate date, of latest previous application for certificate under this article, if any;

J. Has a certificate of registration issued to the applicant under this article ever been revoked;

K. Has the applicant ever been convicted of a violation of any of the provisions of this article or an ordinance 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 or any other state or federal law of the United States;

M. Also, such additional information as the chief of police may deem necessary to process the application.

5.106.110 Statements to be under oath.

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

5.106.120 Fingerprinting.

The chief of police shall require every applicant to submit to fingerprinting by the police department in connection with the application for certificate. The applicant, at the time of making application, in addition to any other fees, shall pay a fee equal to the amount currently charged to the village by the state of Illinois for checking prints against state files. (Ord. 2002-07 § 51, 2002)

5.106.130 Record-keeping.

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 article 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.

5.106.140 Persons to whom certificate may not be issued.

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 or any other state or federal law within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this article; nor to any person whose certificate of registration issued hereunder has previously been revoked as provided in this article.

5.106.150 Issuance – Revocation.

A. 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 required in this article, or if the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this article. Endorsement shall be made by the chief of police upon the application or the denial of the application. When the applicant is found to be fully qualified, the certificate of registration shall be issued forthwith.

B. Any certificate of registration issued under this article shall be revoked by the chief of police if the holder of the certificate is convicted of a violation of any of the provisions of this article, 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 article. 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.

C. Immediately upon the giving of such notice the certificate of registration shall become null and void.

D. The certificate of registration shall state the expiration date thereof.

5.106.160 Policy.

It is the policy of the governing body of the municipality that the occupant or occupants of the residences of the 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 this article, then in that event registration is not required.

5.106.170 Notice to solicitors at residences.

A. 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 directions set out in subsection B of this section.

B. 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:

1. A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main door to the residence indicating the determination by the occupant, containing the applicable words, as follows:

Only Solicitors Registered
in Riverdale 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. 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.

5.106.180 Duty of solicitor to obey posted notice.

It shall be the duty of every solicitor, upon going onto any premises in the municipality upon which a residence is located, to first examine the notice provided for in this article, if any is attached, and be governed by the statement contained on the notice. If the notice states “Only Solicitors Registered in Riverdale Invited,” then the solicitor not possessing a valid certificate of registration as provided in this article shall immediately and peacefully depart from the premises; and if the notice states “No Solicitors Invited,” then the solicitor, whether registered or not shall immediately and peacefully depart from the premises.

5.106.190 Solicitor to leave upon request of occupant.

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.

5.106.200 Defiance of notice.

It is 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 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 in defiance of the notice exhibited at the residence in accordance with the provisions of this article.

5.106.210 Soliciting at certain hours declared nuisance.

It is unlawful and shall constitute a nuisance for any person, whether registered under this article 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 an audience with the occupant thereof and engage in soliciting prior to four p.m. or after nine p.m. of any weekday, or prior to eleven a.m. or after six p.m. on any Saturday, or at any time on a Sunday, or on a state or national holiday.

5.106.220 Charitable solicitations – Permit required.

It shall be unlawful for any person to go from house to house soliciting funds or subscriptions from the public or to publicly solicit either in person or by agent, upon public streets, sidewalks, or any other public place in the village, subscriptions for charitable or religious or educational or other organizations or purposes, whether presents or gifts or money or promises are sought, without a permit. (Ord. 95-10 § 1, 1995)

5.106.230 Permit application and issuance.

Applications for the permit required by this division shall be made to the village clerk, and shall be referred to the village board; and no such permit shall be issued except upon the order of the village board. (Ord. 95-10 § 2, 1995)

5.106.240 Solicitation from occupants of vehicles.

A. Notwithstanding the requirements for permits required by this article, any not-for-profit local organization with headquarters located within the village’s municipal boundaries or any not-for-profit organization registered with the Attorney General of the state of Illinois pursuant to an act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor may solicit upon streets or highways within the village, at any intersection where all traffic is required to come to a full stop, where such solicitation is a part of a statewide or municipal fund raising activity and not part of any door-to-door solicitation campaign, upon receipt of a permit from the village upon application to the chief of police. Such permit may be issued by the chief of police only if such not-for-profit organization shall be liable for any injury to any person or any damage to property occurring during the solicitation or which may be causally related to an act of person engaged in soliciting shall be at least sixteen years of age and shall wear a high visibility vest. The application to the chief of police shall include the following information:

1. The name, address and telephone number of the organization;

2. The name, address and telephone number of a local representative of the organization and the name, address and telephone number of the person making the application;

3. Proof that the organization is registered with the Illinois attorney general if the organization is not a local organization with its headquarters located within the village boundaries;

4. A statement of the statewide fund raising activity of which the local solicitation constitutes a part;

5. A certificate of insurance stating that the organization is insured against any claims for injuries or damage to property which is causally related to an act of ordinary negligence of the soliciting agent acting on behalf of the organization;

6. The location or locations where solicitation will be conducted, if approved;

7. The days and times at which such solicitation is proposed to take place;

8. The number of persons proposed to solicit at each location;

9. The collection container must be clearly marked with the name of the organization;

10. Any solicitation on property other than village property must receive prior permission from the property owner; and

11. Such other information as may be requested by the chief of police.

B. The chief of police shall issue a permit for such solicitation upon finding that the application has complied with all laws of the state of Illinois and this code of ordinances. The chief of police must also find that the locations and times of the proposed solicitation and number of proposed solicitors shall not result in an interference with the flow of vehicular traffic; provided, however, that no permit shall be issued without prior village board approval. (Ord. 95-10 § 3, 1995)