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HomeMy WebLinkAbout6. Solicitor Ordinances/RegistrationMOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM I CHF 15-84 CONTROL NUMBER TO: MR. DAVID STRAHL FROM: CHIEF TIM JANOW IC:' SUBJECT: SOLICITOR ORDINANCES/SOLICITOR REGISTRATION DATE: OCTOBER 7, 2015 ISSUE The issue of door-to-door solicitation continues to be one capable of causing consternation and confusion within the community and lead subsequently to requests for the regulation of solicitors by requiring registration, conducting background checks, or establishing a permit process. The Village amended ordinances and processes in 2012 after a careful review of prevailing case law and existing internal practices. The concept of solicitor permits originates in the Depression Era when communities established ordinances to protect residents from a number of con artists active in a time when door-to-door sales proved to be very commonplace. Door-to-door sales have become rather infrequent in recent years. REGISTRATION CASE LAW The issue of the legality of ordinances governing solicitors extends more than 60 years with case law documented on the state and federal levels. Questions about 1St Amendment, 14th Amendment, and "commercial speech" infringement have appeared before the courts many times. In 2002, the United States Supreme Court ruled in the case of Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, an ordinance requiring registration and permits for religious or political organizations to be unconstitutional. Persons wishing to exercise their 1st and 14t Amendment right may not have their rights encumbered by a permit or registration process. As a result, persons seeking to disseminate religious information, distribute political information, or conduct sales in support of such causes may not be regulated by permit or registration processes. Other cases decided in Illinois identify specific classes of solicitors exempt from government regulation, as found in a 1961 Second District Illinois Appellate Court decision where solicitor regulations cannot apply to peddlers of newspaper subscriptions on the basis such ordinances are an infringement upon the freedom of the press (Osborn v. Village of River Forest). Plaintiffs Page 1 of 3 With COURAGE we protect, with COMPASSION we serve. MOUNT PROSPECT POLICE DEPARTMENT I C11F 15-84 FORMAL MEMORANDUM CONTROL NUMB IR have relied on this case law many times since. The Chicago Tribune sued the Village of Downers Grove in 1988 and an Arlington Heights Police report has a vendor using this case as a defense for their actions this summer. As the courts move to carve out exceptions, differentiating protected versus unprotected forms of solicitation becomes more difficult and onerous. BACKGROUND CHECKS Law enforcement access to criminal databases is strictly regulated on the federal and state level. In Illinois, police access to criminal records is accomplished through the Law Enforcement Agencies Data System (LEADS). Use of LEADS for other than criminal investigative purposes can lead to a police agency's loss of access to the system, and persons utilizing LEADS information for purposes other than criminal investigations can be arrested and charged with a Class A misdemeanor. The police department is unable to use our criminal databases for permit or applicant screening purposes. GOVERNANCE The Village currently maintains a legally enforceable ordinance governing door-to-door solicitation in Chapter 11, Article XXVIII of the Village Code. Section 11.2820 of the Village Code states the responsibility for determining whether or not solicitors and canvassers will be permitted upon a residential or commercial property rests upon the property owner. Residents and business owners who prefer to restrict solicitors and canvassers from their property must post notice of the restriction. The notice is commonly posted as a sticker on a door window, or a window adjacent to the entrance of a residence or business. Section 11.2821 reiterates the duty of property owners to provide notice of the restrictions on solicitors by means of posting notice at the points of entry. Duties of solicitors are outlined in Section 11.2822 including the requirement to inspect the premise for restrictions on solicitation prior to entering upon the premise with the intent to solicit. The hours solicitors are permitted to conduct business, or "commercial speech," within the corporate limits of the Village are delineated in Section 11.2823. Essentially, during the summer months, solicitors are permitted to conduct business between 9:00 a.m. and 8:00 p.m. while daylight savings time is in effect. During the late fall and winter months, solicitation is restricted to the hours between 9:00 a.m. and 6:00 p.m. A solicitor who fails to honor the restrictions either by expressing "commercial speech" when a notice is clearly posted prohibiting solicitation or outside the prescribed hours for solicitation may be cited on a local ordinance citation with a requirement to appear in court for adjudication of the matter with potential penalties including fines of no less than $200 and no more than $1,000. Page 2 of 3 MOUNT PROSPECT POLICE DEPARTMENT I CHF 15-84 MEMORANDUM The ordinance in place provides measures to prevent residents and businesses from being disturbed by solicitors, provides guidelines including hours solicitation is permitted, and provides for a penalty should a solicitor violate the ordinance. The Village amended the current ordinance regulating solicitors in 2012 by removing the registration provision and establishing hours of solicitation based on the concerns expressed by the residents and the Police Department. Residents found the presence of solicitors after daylight passed, particularly during the winter months, to be concerning. As a result, the Village established a 6:00 p.m. curfew on solicitors during Central Daylight Time. In the case of the previously existing registration requirement, the Police Department found the process to be troublesome as no proper method existed for criminal background checks to be conducted that would not prove to be burdensome to the business. In addition, the discretion of revoking or denying solicitor licenses could be fraught with litigation potential. The Police Department continues to maintain that a registration process is burdensome on staff time with no real defined benefit for the police department and the community. Since the elimination of the registration requirement, the community has not experienced a rise in crime related to the lack of solicitor permits. The experience of the police department is those committed to criminal activity in the guise of solicitation would not commit to the registration process, and after committing a crime, would immediately flee the Village instead of continuing with solicitation efforts. The state statute identified in documents presented to the Village (55 ILCS 5/5-1058) became effective through Public Act 86-962 (1989-1990 General Assembly). The regulation is applicable to county governments. During the intervening 25 years, a number of court decisions have further defined the ability and limitations of governments in crafting regulations on solicitation. CONCLUSION The existing Village Code is compliant with the restrictions set forth in case law governing solicitation. The 2012 amendments to the Village Code addressed many of the concerns expressed by both the community and the local government. In the intervening three years, the existing process is found to work and achieve the best possible balance between interests of the community, local government, political and religious organizations, and solicitors given the confines of law and court decisions. Page 3 of 3 SII KLEIN, THORPE & JENKINS, LTD. Attorneys at Law 20 N. Wacker Orive, Ste 1690 Chicago, Illinois 60606-2903 T 312 994 6400 F 312 984 6444 80 312 994 6468 emhillLktilaw.com MEMORANDUM TO: Michael E. Janonis Mount Prospect Village Manager FROM: George A. Wagner Assistant Village Attorney DATE: March 1, 2012 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462-5353 T 708 349 3888 F 708 3491506 RE: Amendment to Chapter 11 in regard to Solicitatior WMAtilaw.com As you know, Chief Dahlberg suggested that the Village Board review the requirements of Article XXVIII, Chapter 11 of the Village Code, in regard to solicitation, because the registration . requirements were onerous for the Police Department and he was concerned that the present requirements might not meet Constitutional muster. In response, we conducted a review of those provisions and agree that certain of the provisions, especially the Police Chief's discretion to approve/revoke solicitor registration, were problematic. In light of this review, I understand that the Village Board intends to eliminate the registration requirements and to limit enforcement of solicitation to those cases in which an owner or occupant of property has restricted solicitation by the placement of a sign to that effect at the property. Attached is an ordinance that amends Chapter 11 as proposed. If you have any questions, please contact me. C., Dave Strahl, Assistant Village Manager Lisa Angell, Village Clerk John Dahlberg, Police Chief Mike Semkiu, Deputy Police Chief Everette M. Hill, Jr., Village Attorney 282741_1 ORDINANCE NO. 5998 AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING SOLICITATION REGARDING PUBLIC PASSENGER VEHICLES (TAXICABS AND LIVERY) Passed and approved by the President and Board of Trustees the 6th day of March, 2012 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of March, 2012. ORDINANCE NO. 5998 AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", AND APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, REGARDING SOLICITATION BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Section 11.102 of Article I, entitled "PURPOSE AND DEFINITIONS", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be amended as follows: A. Delete the word "CANVASSER" and replace it with the word "CANVASSING," the text to remain. B. Delete the following definition and language in its entirety: REGISTERED SOLICITOR: Any person who has obtained a valid certificate of registration as hereinabove provided, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting. SECTION 2: Section 11.2819 of Article XXVIII, entitled "SOLICITORS; REGISTRATION", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be deleted in its entirety and replaced with the following.- 11.2819 ollowing: 11.2819 Solicitation in Violation of Sign It shall be unlawful for any person to engage in the business of "soliciting" or "canvassing," as defined in Article I of this Chapter, upon any premises within the corporate limits of the Village wherein an owner or occupant has posted a notice stating "SOLICITATION PROHIBITED" OR "NO SOLICITORS INVITED," as provided in Section 11.2821 of this Article. 282559_1 1 SECTION 3: Section 11.2821of Article XXVIII, entitled "NOTICE REGULATING SOLICITING", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be amended as follows: A. The following language shall be deleted from Subsection (A): ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITED and replaced with "NO SOLICITORS INVITED". B. The last sentence of Subsection B shall be deleted, to be and read as follows: B. The letters shall be at least one-third inch (1/3") in height. SECTION 4: Subsection A of Section 11.2822 of Article XXVIII, entitled "DUTY OF SOLICITORS", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be deleted in its entirety and replaced it with the following: A. It shall be the duty of every solicitor when going onto any premises to first examine any notice posted as provided in Section 11.2821 of this Article, and to be governed by the statement contained on the notice. If the notice states "SOLICITATION PROHIBITED" or "NO SOLICITORS INVITED", then the solicitor shall immediately, without further notice, leave the premises. SECTION 5: Section 11.2823 of Article XXVIII, entitled "APPLICATION FOR REGISTRATION", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be amended by deleting Section 11.2823 in its entirety, the remaining Sections to be renumbered numerically. 282559_1 2 SECTION 6: Section 11.2824 of Article XXVIII, entitled "INVESTIGATION AND ISSUANCE OF REGISTRATION CERTIFICATE", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be amended by deleting Section 11.2824 in its entirety, the remaining Sections to be renumbered numerically. SECTION 7: Section 11.2825, renumbered Section 11.2823, of Article XXVIII, entitled "LIMITATIONS ON SOLICITATION", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be amended by deleting the phrase "whether registered under this article or not," so that the renumbered Section 11.2823 shall read as follows: It is hereby 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 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 nine o'clock (9:00) A.M. of any weekday or Saturday, or after eight o'clock (8:00) P.M. on any weekday or Saturday during daylight-saving time, or prior to nine o'clock (9:00) A.M. of any weekday or Saturday or after six o'clock (6:00) P.M. of any weekday or Saturday during central standard time, or at any time on a Sunday or on a state or national holiday. SECTION 8: Section 11.2826 of Article XXVIII, entitled "REVOCATION OR DENIAL OF REGISTRATION", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", of the Mount Prospect Village Code shall be amended by deleting Section 11.2826 in its entirety, the remaining Sections to be renumbered numerically. SECTION 9: Appendix A, Division I, entitled "Bonds, Insurance, Salaries and Miscellaneous", of the Mount Prospect Village Code shall be amended by deleting the following in its entirety: 282559_1 3 Section 11.2803: BOND (Solicitors): Bond: $1,000.00. SECTION 10: Appendix A, Division III, Penalties and Fines, of the Mount Prospect Village Code shall be amended by deleting the reference to "Section 11.2827" and replacing it with "Section 11.2825." .SECTION 11: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Juracek, Korn,, Matuszak, Polit NAYS: None ABSENT: Wilks, Zadel PASSED and APPROVED this 6th day of March, 2012 ATTEST: RP.isRangPeII1P=- Village Clerk 282559_1 4 � � �' � � � R t f � f ,{�+ad a*t�z- as '*.i,,s��.a `z'i'p° n r=. - ..� f% -I, .. amn �3-10ca ion �d+as AC' .`�C4.i-902-54104-C) � �::�{ sf�ili elt•�f(�Li i .`i;=Ci.£` C��1` �r siuitt n 5ne Department of & a . _ ,'prise sweep for unregiste-red contractors turns up numerous vimlat-lons More news ref€--ses Ma f 14, 2IG15- ShaM 21 1Vore sweeps to couw throughoid TAVZ wgv Tunlwater — Hir gg unregistered contractors is risky for homeowners and encourages unfair competition against registered contractors_' chat's why the state Department of Labor & Industries (L&I) is launching a fourth., year of sweeps to find contractors who are breaking the r ales. A recent two-day sweep in Walla Walla found four contractors who either were unregistered or who had hired unregistered contractors. Each was cited by L&I for unregistered contracting, an infraction that carries a fine of up to $5,000. During surprise sweeps, multiple inspectors team up for the checks in selected communities on Friday and weekend days and evenings. That's m addition to their regular work paying unauriouneed visits to construction sites year-round to check whether contractors are registered_ Adore sweeps are planned throughout the state ha the coming months. "We hope these surprise sweeps send a message to all unregistered contractors' who try to beat the system," said Elizabeth Smith, wino' directs L&I Fraud Prevention. & Labor Standards. "We're not just tooling for violators during normal business hours. L&T could be at any job site at anytime, any day of the week — so don't even try working if you're breaking the rules." Unregistered contractors typically have no insurance and no bond, making it tough for consumers to recover damages if something goes wrong on a project_ Legiitiu nate coritrs, oro support sweeps "L&I's surprise sweeps help level the playing feld for the contractors and subcontractors in our association," said Jeff Losey, executive director of the Home Builders Association of Tri -Cities. "All of our members are licensed, bonded and insured_ Unregistered contractors don't pay those costs, and can submit lower bids for jobs from unsuspecting consumers." All too often, consumers encounter problems when hiring unregistered contractors. "We get the phone calls from people who went with someone who wasn't licensed," said Losey, whose group is based in Kennewick. "There's not much we can do except refer them to the resources and members fisted on our website for their next project." 9123/2015 10:07 AN SOLICITORS Currently, the Village of Mount Prospect has no restrictions or regulations for Solicitors. N Previously, Mount Prospect required that solicitors register with the police department and be given permission from the Chief of Police for solicitation within the Village. In March 2012, this practice was considered erroneous, potentially problematic, and might not have met Constitutional muster. Since then, the Legislature of Springfield passed a law in 2013 allowing counties to enact such an ordinance. Lake County's Solicitation Ordinance addresses the Village of Mount Prospect's -past concerns and should be used as a model Solicitation Ordinance for our Village. • Counties have been given statutory authority to create an ordinance via State Statute 55 ILCS 5/5-1055 to regulate door to door solicitation. Defining Solicitors as a person engaged in the act of soliciting, including. hawkers, peddlers, itinerant merchants, and transient vendors of merchandise. Exceptions include minors under the age of 18 who participate in solicitation activities for faendraising purposes only and persons exercising their first amendment rights, including the free exercise of religion, the freedom of speech or press, right of assembly, and not engaged soliciting shall not be deemed to be solicitors. Solicitors would register with the Cook County Clerk at no charge to the registrant_ • Solicitors only solicit between the hours of l la.m. and 7p.m. Mount Prospect residents would greatly benefit from having a Solicitation Ordinance in place. • Regulation would protect the welfare and safety of residents especially the young and elderly. • Would ensure the rights of the occupants to the quiet and peaceful enjoyment and security of their homes. • Solicitors would adhere to guidelines, including hours of operation and rules of conduct. • An official identification certificate and /or card would be given to each Solicitor. • Failure to abide by the regulations can result in fines. 1 SOLICITORS Violations would be handled by either the circuit court or through a county administrative hearing. Enclosed Attachments: Memorandum — RE: Amendment to Chapter 11 in regard to Solicitation Final Warning: County's beefed up Solicitation law goes into effect July 1 Lake County Text File 15-0377 (Door to Door Solicitation Ordinance) Village of Rosemont Solicitation Ordinance E Final warning:County's beefed up solicitation taw goes into effect July 1 - By Yi ank 5. derhD Aden News -Sun JUNE 18, 2015, 8.28 Anil oor-to-door solicitors who canvass unincorporated Lame County will meed to register with the clerk's IJ office starting July t or face hefty fines. The formal registration requiremeut, county officials said, comes in response to a number of complaints received by the Labe County Sheriffs Office related to solicitors- "Last �aCst year, witu e had over 500 solicitor complaints," dersheriff Ray Rose said. "That's part of what is wing this. The L4slature in Springiie3d assed a law two years ago allowing counties to enact such an ordinance. The local move, approved by the Lake County Board in April, provides deputies a database of solicitors. If solicitors aren't registered or ignore "no solicitor" signs, they can be charged with an ordinance violation. "After looking at the number of complaints, we decided to put together an ordinance. It gives us Letter control of who is in the neighborhoods," Rose said. The hope is that the law will reduce the number of complaints and flee up deputies for other duties. Rose also noted that a recent residential burglary in the touray- was set up under a ruse solicitation attempt. According to the sheriff's office, deputies were called to a home in Cuba Township last weep after a resident told police a binrglar racked bedrooms while a second pian distracted the resident with a discission about driveway repair work. "In that ease, -the homeowner could have asked to see his registration, and since he didn't have one, the homeowner could tell hire to get off his property," Rose said. Per the Lake County ordinance, solicitors are required to bring identification to the Labe County Clerk's Office in Waukegan to get the free certificate of registration. The documentation must be carried to prove identity when solicitors approach a homeowner. To register, every solicitor must provide a valid government tissued photo II) with namezaddress, date of birth and signature. Also required is the name and address of the company he or she represents and a description of the product or service to be sold. The certificates will automatically expire every year on Dec. 31. Registration can be completed bet -ween 8.-3o a.m. and 5 p.m. at the clerk's office, iS N. County St., Waukegan R/7/2(315 12:16 PM County Clerk Carla Wyckoff said the cert f Cate Mll have the county and state seals on it. She added that there is a small fee to get a replacement certificate of registration. According to Rose, viola -dons will be handled by either the circuit court or through a county administrative hearing. The first offense, if prosecuted tough the court system, carries a fine of no less than $25o, according to the ordinance. A second offense doubles the cost if received within a i2 -month period. A third citation would cost $750. If the violation is handled through an administratNe hearing, the rine for each offense will be no less than 811-5. Solicitation hours are set at ii a.m. to 7 p.m., according to the ordinance. Not considered solicitors are minors under the age of 18 who participate in solicitation activities for fundraising purposes only and persons exercising their First Amendment rights, including the free exercise of religion., the freedom of speech or press, and the right of assembly. Twitter @abderholden Copyright © 2015, Lake County Nevus -Sun '.2 8/7/2015 12:16 PIr n 1 -cake County IllinoisAcia�,cia Item a r ? 'l; east File File Number: 15-0377 Agenda Date: Version: 4 Stats: Joint Committee In Control: Law and Judicial Committee File Type: ordinance Agenda Number- 7.12 Title Ordinance regulating door to door solicitation in unincorporated take County. Body ORiIll MICE WHEREAS, 55 ILCS 515-1058, statutorily bestows the lability upon a county board to establish an Ordinance to regulate hawkers, peddlers, itinerant merchants and transient vendors of merchandise in any area not within€ the corporate limits of a municipeiity. INHEREAS, pursuant to 55 ILCS 515-43005, specified counties, including Lake County, were given authorily to create a system of administrative adjudication for any violation of a county ordinance. WHEREAS, on September 13, 2011, the Lake County BDard adopted the Lake County Administrative Adjudication Ordinance. NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that this ordinance be adopted and be made effective July 1, 2015. OATED, at WAUKEGAN, LADE COUNTY, ILLINOIS, on this 14th day of April, A.D., 2015. Staff Summary + Counties have been given stat turf atith4ri }I to create an ordinance via State Statute 55 ILCS 515-1458 to regulate door to door solicitations. There is a need to establish an ordinance to regulate hawkers, peddlers, ithierant merchants and transient vendors of merchandise in unincorporated Lake County and to provide administrative adjudication as an additional enforcement mechanism This is part of an overall package of ordinance amendments and proposed ordinances by the Lake County Sheriffs Office. CERTIFIED TO 89 A TRUE COPY OP RECORDS OF THE LAKE COUNTY 80ARD MEETING OF Aid 14 2015 A"FWVM CEI{'EIFICATMI NOT liALID UNLESS SFal. Of LAKE COUNTY ILLINOIS IS AMI x "i3 Lake cauntyXhlois page i "`"' Priniedan W&WIS Proposed Lake County Soliciting Ordinance Section #. Definition OWNER OR OCCUPANT: any person who is the owner, resident, or tenant of a residence - RESIDENCE: Every separate bring :nit 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 without prior consent of the owner or occupant: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, real property or personal property or services of any kind for any consideration whatsoever; 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, rnagaines, periodicals, newspapers, and every other type or Kind of publication. SOLICITOR: A person engaged in the act of sorciting; including: hawkers, peddlers, itinerant merchants and transient vendors of merchandise. Except that minors under the age of eighteen (1$) wtw participate in solicitation activities for fundraising purposes only and persons exercising their first amendment rights, including the free exercise of religion, the freedom of speech or press, the right of assembly and not engaged soliciting shall not be deemed to be solicitors, Section 2. Solicitor Reaulations A. Stfioifors A solicRor who solicits, or assists in solicitation, in an area of unincorporated take County must conform to the following regulations: (1) Register with the Lake County Cleric, at no charge to the registrant. (2) Onlj solicit beim the hours of I1:00 a.m. and 7-00 p.m. (3) It shall be the duty of every solicitor entering upon any residential property to be observant for the presence of a "No Solicitors" or "No soliciting" sign. If such a sign is present the solicitor shall immediately and peacefully depart from the residence. Page 1 of 4 Proposed Lake County Soliciting Ordinance (4) Any solicitor who has gained entr~i onto any residential property shall immediately and peacefully depai`t from the premises when requested to do so by the owner or occupant. (5) It shall be unlawful for any persona 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 to attract the attention of the owner or occupant of such residence for the purpose of securing an audience with the owner or occupant thereof and engage in soliciting contrary to the notice exhibited_ B. Nofice. Every owner or occupant who desires no solicitors at his or her residence shall provide notice of such by: (1) EA icing or pasting upon or near the front entrance door to the residence a card, decal or sticker containing the foilowing.language or language similar to the following: MO SOLICITORS or NO SOLICITING (2) Such card so emoted shall constitute sufficient notice to any solicitor that solicitation of the owner or occupant of the premises is probibited. (3) Lack of notice shall not prohibit at, owner or occupant from verbally requesting that a solicitor leave his or lir premises. Section 3. Kegirstration (A; It shall be unlawful for any persons or business tri engage in, or assist in, business as a solicitor for the purpose of soliciting orders, sales, subscriptions, or business of any kind, witbout first registering with the Lake County Clerkis Office and obtaining a Certo ate of Registration. A copy of the Certificate sof RegistraWn shall be delivered by the solicitor to the Lake County Sheriffs Office. (B) Ther sollicitor shall provide his or her complete name, address and date of birth along with a recent picture identification, his or her signature, the name of his or her employer, the nature of his or her product or serAces in which he or she is soliciting, the mantes of the manufacturers of such products or of the organization which he or she is representing and the proposed method of operation, i.e. door-to-door sales. Page 2 of 4 Proposer! Lake County Solidting Grdinance (C) Solicitor registrations are not transferable from person to person or from business or employer to business or employer. if this information required to be provided for registration changes, the solicitor shall relinquish his or her current registration and obtain a new Certificate of Registration. (D) No person shalt make any false statement upon an application for a certificate of registration. Providing false information will be cause for irnmediate revocation of the Certificate of Reg ation. (E) Fara person small, at all limes while engaged in, or assisting in, the business of soliciting in unincorporated l County carry upon his or her persor€ the Certificate of Registration or a legible photocopy thereof issued pursuant to this ordinance. Tl>is Cerrlifiica'te shag be exhibited by the solicitor whenever he or she is requested to do so by a take County Sheriffs deputy or by any person being solicd_ (F) Any registration pursuant to this ordinarce may be revoked by the take County Sheriff upon conviction of or plea sof guilty to any violation by the solicitor of, this ordinance, or any other similar ordinance, or any state statute. (G)Registration shall expire on December 31"' of each year and :must be renewed by the solicitor. Section 4. Enforcement Vloiations of this ordinance shall be enforced by the take County Sheriff or his or her designee(s) and, at his or her discretion, may proceed either through a notice to appear before the I eJuddicial Circuit Court or through administrative adjudication pursuant to the lake County Administrative Adjudication Ordinance. Section 5. Per#tr A. Any person who violaWs or assists in the violation of any provision of this ordinance shall be deemed to have committed an ordinance violation and shall be fined as set forth below. Each twenty-four hour period in which, or during which, a Wolation occurs shall constitute a separate offense. Lake Counter Sheriff's Cfte Citation filed in Circuit Court If the Ordinance violation is cited for enforcement before the 191D Judicial Circuit, the fine amount shall be as follows: (1) The first violation of this ordinance shah be puni&able by a fine of no fess than $260.00, Page 3 of 4 Proposed Lake County 5oiicMng Ordinance ,;2) A second violation of this ordinance by the same Person, within a twelve month period shad be punishable by a fine of no less than $500.00, (3) A third or subsegLmant violation of this ordinance by the same person, Within a helve €nom period shall be punishable by a fine of no less than $750.00: Lake Cosi ftyA Enist ative Adjudication Cftaifon of Vio ation. if the Ordinance violaton is cited for enforcement through the take County Administrative Adjudication Process, the miry€murr fine amount shall be $115.00 for each violation_ . SECTION 6. Effective Date This ordingtipe.takes effect July 1, 2015. Adopted, Apfil 14, 2015 Page 4 of 4 1456 SOLICITOR'S RULES VILLAGE OF ROSEMONT ORDDIANCE,# 70-12-15A ALL SOLICITOR'S MUST MAKE APPLICATION ON THE APPROVED FORM WTITI THE CHIEF OF POLICE. NO PERMIT WILL, BE ISSUED TO ANYONE CONVICTED OF A FELONY V=IN THE LAST 5 YEARS. DI THE SOLICITING PROCESS, IF THE SOLICITOR COMES UPON A PRE'WISE WITH THE SIGN "NO SOLICITOR'S INVITED " POSTED ON THE DOOR OR WINDOW, THE SOLICITOR SHALL NOT ENTER THE AREA. SOLICITOR'S SHALT, NOT SOLICIT BEFORE 9 A.M. OR AFTER 5 P.M. ON MONDAY THROUGH SATURDAV , AND SHALL NOT SOLICIT ON SUNDAY. SOLICITING PERMITS ISSUED BY THE POLICE DEPARTMENT SHALL, BE VALID ONLY ON DATES ISSUED. ,SOLICITOR'S SHALL BE RESPONSIBLE FOR ANY LITERATURE DISTRIBUTED, AND ANY CLEANUP OF LITERATURE THA T IS FOUND LITTERED ON PUBLIC OR PRIVATE PROPERTY. ANYONE WOLATLNG THE PROVISIOPI S OF THIS ORDINANCE MILL HAVE THEIR PERMIT REVOKED. THEY WILL ALSO BE SUBJECT TO A FINE OF UP TO x,500.00 FOR EACH VIOLATION. :<Y%%>C �C �C%1 JCYYY%%%>^:,k Y7CYY''/.%%:<%y:rt:•,C JC i. r::�:.v:F:V v:!%:;C:�� r%:JCv%%yCIYS,C SCVJC%% SOLICITOR'S SHALL MAKE APPLICATION TO THE SERVICES DIVISION OF THE PUBLIC SAFETY DEPARTMENT ON THE FORMS AVAILABLE THERE. ROSEMONT PUBLIC SAFETY DEPARTMENT 9501 W. DEVO<N 823-,1134 15 mim t EWEI SOLICITOR'S NAME/AFFILIATION; ;:, . a mag fi ti !OEM SOLICITOR'S RULES VILLAGE OF ROSEIAONT ORDINANCE # 70-12-15A t ., Ogg VALID ONLY ON Ht DATES ISSUED. Y ' !.. f :i TTITFITf i VIOLATION. 3aas SAO aaaasaaa Neu ass man aaaaaaaMOM amaaAnage man aaaaaaaaaaa®asa sea was aaaaaa3aa SOLICITOR'S SHAM MAKE APPLICATION TO THE SERVICES DIVISION OF ITM PUBLIC SAFETY DEPARTMENT ON THE FORMS AVAILABLE THERE. ALL PERSOM S SOLICITlNG MUST CARRY A COPY OF THESE RULES, AND ASKED MUST PRODUCE . oRDimucE mo. 70-12-15A WHEREAS, complaints have been received by the Police Department and the members .'of Governing body of 'this b.amicipality- from: occupants-- of residences and dwelling units abou persons who have gained, or sought to gain, adkittance to tIm-Ir resIden 6 for the purpose of soliciting or, on the prete#t of soliciting, and have by their conduct made a - nuisance of the:mselves by disturb- ing and annoying the occupants, or by their acts and:.conduct bave violated the rightsand peaceful. of the occupants to the quiet: enjoyment and security of their home-, and in so* cams persons hake apparently -.!sought admittance to a residence -as fog the purpose of gaining information for ioira 'illf- purpose; and WHEREAS, the corporate authorities deem it neiiaossa QrPor ry to ipvoka thePolicepowers' for the protection of 'tho r"idents - of this ffunicipality 'against -such oadurahces, and Je6r purpose - to provide regulations wh--*qh will tend to preve#L- the ja;, and WHEREAS, the President and Board of Trustees -41- the V of Rigs_ nt -declares- that t1ift regulations eatabZ, aa bir-this trance are - necessary for the safety, -comfort,, d.-ordei and intra -fare goo. _ . of the residents of this M=ipc. ality wbo desire the 1�rotectianof tbg"enforcemept of the regulations established tihis-OrdinaAm'ji -' bye and .through their cooperation. MON, THEREFORE, BE IT ORDAINED BY THE PRES IDEST AND BPARD OF TRUSTEES OF THE VILLAGE - OF ROSEBIONT, COOK COUNTY, ILLMOIS AS FOLLOWS: SECTION I.- DEFINITIONS: That fair the purpose of this Article, the follovii* w.=44 as• used herein shall be construed to have -the meaning hamin ascribed thereto, to -wits "Soliciting": Shall mean abd include any one or more of the following--adt-*vitles: Seeking to obtain orders for the--purc#-ase of goods, wares,. -mar iae, foodstuffs- servi a- of- arry kind, character Q.; descrip- Ipn- vhatdver, for any kind of conhideration wh4tever, or Seeking - to obtain prospective customers for application or purchase of insuraince of any type, kind or character, --or Seeking to obtain subscriptions to books, magazihes, periodicals, newspaLier's and every other type or kind of publIcation'- ot" Seeking to obtain gifts or contributions of money, clothing or any other valiLable thing for the support or benefit of any charitable or non profit -association., organ£zation, cor- poration, or -project- -"Residence" Shall mean and -include every separate living unit occupied for residential purposes by one or more persons, contained within any type of ,Pui.ldi ng or structure; "Registered Shall mean and include any person who has Solicitor" obtained a valid Certificate- ofgi strat on as hereinafter provided, and wbi&h Certificate . is in the -possession of the solicitor on their person while engaged in solici.ti.9 091 SECTION 2: CERTIFICATE OF REGISTRATION t Every person desiring to engage -in soliciting . as- %rein defined from persons in residences within this Minicipallty, is hereby- required to masse written application for 4 Certificate of Registration as hereinafter provided.' • 3 SECTION 3: APPLICATIOK FOR CERT'IFICA'TE OF REGISTRATION Application for a Certificate of Registration shall be made upon a -form provided by the Chief of Polic s of this -amici- pality and filed whiz such chief. The applicant ;shall truthful - state- in full the_ information requested on the appli cation, to -Kirit; (a) Name and address of present place of resi.den:ce and length of residence at such addac-ess, also business- =address if other than residence address; also Social Security neer; (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 'parried the name of spouse; (d) Physical description of the applicant; (e) Vamme and address of the person, firm or corp®ration or associat.lon whom the applicant is -employed. by or - repses{ents ; and the length of. time of such employment or representation; (f) blame and address of employes during the past three years if other than the present empldyer; (g) Description sufficient for identification of; the subject matter of the soliciting -whicn the applicant= will engage in; - 1) (h) Period of time for which the Certificate is applied for; (i) The date, or approximate date, of the latest previous app, i.- cation for Certificate under this Ordinance; if any; (j) Has a Certificate of Registration issued to the applicant under this Ordinance ever been_revoked; (k) Has the applicant ever been-convicted of a violation of any of the provisions of this Article, or of a viol.atioa of any of the. provisions of the Ordinance of any other Illinois Municipality regulating soliciting;" (1 ) Has the applicant ever been convicted of the- comm_ 2.ss ion. of a felony under the laws of "the State =of Illinois or any other State or Federal law of the united St4tes; (ea) Also such additional information as the Chief of Police may- deem aydeem necessary toprocess the -appl%catiosa. All statements made by the applicant -upon the application or in connection therewith shall be under oath_ The Chief of Police shall require every Vp;:Lcant to sqb- mit to finger printing by the Police Department df this " Moni ci- pality its connection with the application for Certificate. j The Chief of Police shall cause to be kept in his office . an accurate record of every application received ;and acted upgon: - together with all other information and date _pertaiii g t�nereto and all Certificates of Registration issued under; the'pro�►isions of this Article, and of- the denial of, appli.cati6pla Appl.i cats orA for Certificates, shall be numbered in eonsecutiv,h order as filed, and every Certificate issued, and any renewal theiceof;-shall be identified with the duplicate n_ umber 'of" the appli�Cats.oa upon whicix it was-issued. No Certaficate'of Registration shall be ilssued to any person who has been convicted of the commission ok a felony under tbe'laws of the State of Illinois or any other State or Federal law Of the United States, within five years-of the date of the application; nor to any person who has been. convicted -of a vio= lation. of any of the provisions of this Ordinance - nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provided. i SECTION 4: T_SS ZANCE AND REVOCATION OF CERTIF`aCATE The Chief of Police, after consideration of the applica- tion_ -and all 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 e' a Certificate of Registration to the applicant Mould not be in accord -with the intent- and pu pose of this Ordi.zsaace. 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 Registratiozi 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 of the provisions of this Ordi- nance, or has made a false material statenmeat 1-d- the application, or otherurise becomes disqualified far- the issuance for the Coxtifi- rate of Registration under the terms of this Or4inance. Immediately upon such revocation written notice. thereof shall be - given- by -t% e phief 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 expiira? tion date thereof. : SECTION S: VILLAGE POLICY ON SOLICITING it is hereby declared to be the policy of the. -govern. rihq body of this Municipality that the occupant or opcupanta-of the - residences in this Municipality shall make the datermination of whether solicitors shall be, or shall not,be, i*ited to their-- res_pective residence. If no determination is made as is provided in Section 6. thireof, then in that event, registration is not required. f i SECTION 6; NOTICE REGUTATING SOLICITING Every person desiring to secure the protection intended to -be provided -by the r6gulatiorbs pertaining to Ool=iting con- tained in this ordinance, shall comply with. the �Eolloviag directions, -tv wit: Notice of the determination by the oocupant of giving invitation to solicitors, or the refusal of invi;tatiozi- to solicitors, to any residence, shall be given in -Phe manner following A weatherproof- card, approximately three'. inches by four inches in.size, shall be exhibited upon or near Lhe main entrap_ce door to the residence, indicating the determination by the . occupant, containing the applicable words, as follows:. "ONLY SOLICITORS REGISTERED IN ROSEMOk INVITED" . OR "NO SOLICITORS INVITED". The letters shall. be at least one-third inch in weight. For the pupose 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 ocqupant of the residence of the informatiosi contained thereon. SECTION 7: DUTY OF SOLICITORS It shall be the duty of every solicitorupon going pinto any premises in the muni.cipal4ty upon which a. ra<sidence as- barei.ta. _ defined is located to first examine -tom Notice prcvsd-d.fai-_ *It '.--- - -- Section 6 of this Article j- if ally- is at# ached, be' _jovfernz& .Y file statement cottai.ned on the notice . if the notice , states _ "ONLY SOLICITORS REGISTERED_ I2T RO sENONT IMUTEW #, then the - solicitor- not possessing- a valid Cartficate oftegis#,atioa aS, herein provided shall immediately and peadefully- -depart f -r -dim =tip .- premises; and LE -tile iiotice states °tbTO SOLCeiTORdS Imo". tbisti; the solicitor, whether registered or' -not, shall d iteiy peacefully depart from the premises. _ any solicitor W&U- has yawed ppt aGe to rasi3eEnce,' whether invited or _ not, shall immadji ly and peacefuUy_ depart. from, =tile premises when requested to do -so by -the. occat€ani . SECTION S.- IINIW41TED SMICIT=G PRQU BITE_D it is hereby declared, to be unlawful and; sl�all� cesi sti£ute a nuisance for say. Pesscn to go upon'an pret zest _end ring the door bell -upon or near an door, or cre to nay sow_` any other manner caj,cdlated to attract the atten 4 - of the = octant of such residence, fir the purpose of seen# %-.est; audience with -the occupant tbiereot -and .engaige in, sct€3.h tib; as _---- herein def_ ined, in defiance of tba notice exhibited-at-fie' -residerme in_ accordance with, the pr4yi_ signs - of - Seeti6'r6= 6_ of . - this Article. :. SBCTIOU 9: TIM LIMIT ON SOLICITING it is hereby dedl.ared to be unlawful and; shall: coir stitute a -nuisance for any Person_ whether. registered: under this ordinance or not, to go upon any premises -and ri#g the i. door be upon or near any door of a residence located the$eoA; or,ra"-or- knock upon any door, or create any sound in- any c tbsr. manner calculated to attract the attention -of the occupant of such residence,- for the purpose of securing an audien6e with the. occupant thereof and engage in soliciting as herein defined; prior to 9:00 o'clock A.M. or after 5:00 o'clock'P.M. of any tdeek day, or at anj3time on a Sunday or on a Stade or Rational Holiday. - 5 - SECTION 10: SEVERANCE CIAUSE 5 If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof -shall not - affect any o€ -the other provisions of this ©rdinAAce. SECTION 11: MWALTY Any person violating any of the provisions of --this ordinance -shall, upon conviction thereof, be subject to a fine_ of not. mare than $500,00 for each offense Each. day -shall cQnsti.tute_a separate offense. SECTION"12: EFFECTIVE DATE This Ordinance shall be in full force and. effect, froia and after its passage and publication, in accordance' ."th the terms of Section 1-2-4 of the -Illinois Municipal Code not earl" however, than -July 1, 1970_ t PASSED AND APPROVED this 15,x_ day of eca ber r -1970.. ` AYES: 6 NA -YS.- 0 ABSENT: 0 f = ATTEST; - F PASSED: - 6