G-584 - 03/11/1997 - VILLAGE CODE - Ordinances 1
ORDINANCE 97-LC-SOL-G-584
AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO
CHAPTER 8, ARTICLE IV, "SOLICITORS AND PEDDLERS"
OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village Manager, Village Clerk and staff have recommended
comprehensive amendments to Chapter 8, Article IV, entitled, "Solicitors and
Peddlers" of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS, the Village President and Board of Trustees have reviewed these
amendments and have approved the changes recommended by the Village Manager,
Village Clerk and staff and deem that these further revisions to be in the
best interest and in furtherance of the general welfare of the citizens of the
Village of Oak Brook; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That Chapter 8, Article IV, entitled, "Solicitors and
Peddlers" of the Code of Ordinances of the Village of Oak Brook is amended to
read as set forth as follows:
"ARTICLE IV. SOLICITORS AND PEDDLERS
DIVISION 1. COMMERCIAL
Section 8-160. Commercial solicitation. Definitions.
For the purpose of this article, the following words and phrases shall have
the following meanings:
Commercial solicitation shall mean the going upon any premises or to or in one
or more private residence(s) by any person without appointment by personal
contact with the resident or occupant for the purpose of soliciting orders for
the sale for profit of goods, books, magazines, or any other article or thing
whatsoever, or for any service, or for the purpose of peddling (providing the
article or thing at the time of the transaction) any of the same, or for the
purpose of making or requesting appointments or procuring interviews or
arranging for demonstrations or explanations preliminary to any actual
solicitation or orders, selling, peddling or hawking of any of the same.
Residence shall mean and include every separate living unit occupied for
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 2
dwelling purposes by one or more persons, contained within any type of
building or structure, including the common areas inside multiple dwelling
buildings.
Person shall mean any individual, organization, group, association,
partnership, corporation, trust, or any combination thereof.
Section 8-161. Same - Permit required. Application.
(a) It shall be unlawful for any person desiring to engage in commercial
solicitation as herein defined within the village without having first
obtained a permit from the village as hereinafter provided.
(b) Application for a commercial solicitation permit shall be made to the
individual designated by the Chief of Police or his/her designee upon a
form provided by the village. The person (applicant) shall truthfully
state in full on the application the following information:
(1) The name and address of the person applying for the permit.
(2) The name and address of each person in charge of and supervising
the commercial solicitation in the village.
(3) The names, addresses and dates of birth of all individuals who will
engage in commercial solicitation in the village for that person.
(4) The nature and purpose of the commercial solicitation.
(5) The requested dates for commercial solicitation.
(6) The date, or approximate date, of the latest previous application
for a commercial solicitation permit under this article.
(7) Whether a commercial solicitation permit issued to the person under
this article has ever been revoked.
(8) Whether the person (applicant) or any individual listed in
subparagraph (3) hereof has ever been convicted of a violation of
any of the provisions of this article, or the ordinances of any
other Illinois municipality regulating commercial solicitation.
(9) Whether the person (applicant) or any individual listed in
subparagraph (3) hereof has been convicted of the commission of a
felony under the laws of the State of Illinois or any other state,
or of a federal law of the United States within five (5) years of
the date of application.
(10) Any additional information that the individual designated by the
Chief of Police may deem necessary to process the application.
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 3
Section 8-162. Same - Term; renewal.
Each commercial solicitation permit shall be in effect for no more than thirty
(30) days. To renew a permit, a person shall complete a short form,
indicating no changes in the information provided in the initial application,
or if changes have occurred, a new application. The village may, as a
condition of renewal of a commercial solicitation permit, require the person
(applicant) to show that the person and all individuals soliciting for that
person continue to meet the standards of issuance enumerated in Section 8-164.
Renewal is subject to availability pursuant to Section 8-163.
Section 8-163. Same - Maximum number of permits.
At no time shall there be more than fifteen (15) commercial solicitation
permits outstanding.
Section 8-164. Standard of issuance.
No permit shall be issued to a person:
(a) if the application is not truthfully completed as required by Section 8-
161;
(b) if the person has been convicted of a felony under the laws of the State
of Illinois or any other state or under the federal law of the United
States, within five (5) years of the date of application;
(c) if the person has been convicted of a violation of any of the provisions
of this or similar ordinances within two (2) years of the date of
application;
(d) if the person engages for the purposes of commercial solicitation as
herein defined any individual who has been convicted by a court of
competent jurisdiction of such offenses as are enumerated in
subparagraph (b) and (c) hereof; or
(e) if any commercial solicitation permit issued hereunder has previously
been revoked as herein provided in Section 8-166(c) .
Section 8-165. Same - Denial of permit; appeal.
(a) Within ten (10) working days of the date of application for a commercial
solicitation permit, the individual designated by the Chief of Police
shall notify the person (applicant) of approval or denial of the permit.
In the event that any commercial solicitation permit is denied for
failure to comply with the standards set forth above, the notice shall
include in writing the reasons for denial.
(b) If a commercial solicitation permit is denied, the person may, within
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 4
ten (10) days of the date such notice is sent, cure the defect resulting
in the denial by any appropriate action including removal of any
individual engaging in solicitation for the person who fails to meet the
standards enumerated in Section 8-164 (2) and (3) . If the person
chooses not to cure the defect in the application, the person may file a
written appeal addressed to the Village Manager. Based on his review of
the written appeal and the standards of Section 8-164 hereof, the
Village Manager shall, within a reasonable time, either affirm the
refusal or order the individual designated by the Chief of Police to
issue the permit.
Section 8-166. Same - Permit suspension or revocation.
(a) Any permit issued under this article may be revoked or suspended by the
Village Manager, after notice and hearing, for any of the following
reasons:
(1) The failure or refusal by the person issued a permit to truthfully
complete the application;
(2) The failure or refusal by the person issued a permit to comply with
the regulations of this article, or other applicable law; or
(3) The failure or refusal by the person issued a permit, within three
(3) business days of notice by the Village, to remove from the
solicitation activities of the person, any individual who has
failed or refused to comply with the regulations of this article.
(b) In addition to the above-referenced grounds for revocation by the
manager, if any person having obtained a permit under this article, or
any individual soliciting for such person shall thereafter be convicted
by a court of competent jurisdiction of such offenses as are enumerated
in Section 8-164(b) and (c) hereof, his/her permit under this chapter
shall automatically be revoked. Written notice of such revocation shall
be promptly sent to the person.
(c) Notice of a hearing for revocation or suspension of a permit issued
under this article shall be provided in writing and shall set forth
specifically the grounds for the proposed revocation or suspension and
the time and place of the hearing. Notice shall be mailed, postage
prepaid, to the permittee at the address shown on the permit application
or at the last known address of the permittee.
(d) Any revocation of a permit shall preclude that person from receiving
another permit under this article for one year subsequent to such
revocation; provided that:
(1) Upon automatic revocation, as provided above, the person shall not
be permitted to receive another permit for such periods of time as
Ordinance 97-LC-SOL-G-584
Amending chapter 8,
Article IV, Solicitors
and Peddlers, Page 5
are enumerated in Section 8-164 (b) and (c) for the respective
offenses; and
(2) Automatic revocation due to violations enumerated in Section 8-164
(b) and (c) by an individual soliciting for the person shall be
rescinded if the person removes the individual violator from its
solicitation activities.
(e) Suspension of a permit shall be for a period not to exceed thirty (30)
days. No revocation or suspension shall require return by the village
of any permit fee.
(f) Revocation or suspension of a permit shall not preclude the imposition
of a fine for violation -of any part of this article by a court of
competent jurisdiction.
Section 8-167. Same - Fees.
The fee for a commercial solicitation permit shall be an initial payment of
fifty dollars ($50) effective for up to six (6) months from date of initial
application.
Section 8-168. Same - Regulations.
(a) Duty to leave premises on request. No person shall engage in
solicitation upon any premises or at any residence after having been
asked by an owner or occupant thereof to leave such premises or
residence.
(b) Duty to honor no-soliciting signs. No person shall come upon any
premises nor engage in solicitation upon any premises or at any
residence located thereon, if such premises or residence is posted
against solicitation by means of a notice, prominently displayed, upon
which is printed the legend, "No Solicitors or Peddlers", or
substantially similar language. Said posting shall be exhibited at or
near the main entrance to the premises or on or near the main door to
any residence located thereon, and shall consist of a sign at least two
inches by four inches (2 1'x 411) in size, which bears the above legend in
letters at least one-third inch (1/311) in height. Alternatively, said
posting shall be clearly visible at all entrances to any subdivision
having only private streets, provided all residents in the subdivision
consent to the erection of "No Solicitors" sign(s) which bear(s) the
above legend in letters at least 3" in height. Signs complying with the
foregoing requirements shall be made available at no cost at the office
of the Village Clerk in the Village Hall.
(c) Fraudulent misrepresentation and misstatement prohibited. No person
shall cheat, deceive, or fraudulently misrepresent, whether through
himself/herself or through an employee or representative, while
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 6
soliciting in the village, or barter, sell or peddle any goods, books,
magazines, or services other than those specified in the permit
application.
(d) Duty to wear badges. Every person issued a permit or any individual
soliciting for such person shall wear conspicuously on the outside of
his or her outer garments a commercial solicitation badge provided by
the village. Such badge shall include at least the following
information printed legibly: the name of the individual issued the
badge, the organization issued the permit, the purpose of the
solicitation, and the date- of the expiration of the permit. Each badge
shall also contain a statement indicating that the card is not an
endorsement by the village or any of its employees. Badges issued under
this article shall be nontransferable.
(e) Restrictions on individuals who may solicit. No person shall use any
individual for commercial solicitation as herein defined unless such
individual is listed on that person's application pursuant to Section 8-
161(b) (3) .
(f) Time Limits. No person shall engage in commercial solicitation as
herein defined at any time prior to 9:00 a.m. or after 6:00 p.m. , local
time on a Saturday or weekday, or any time on a Sunday or state or
national holiday.
Section 8-169. Violations and Penalty.
(a) Violation of any of the provisions of this Article IV shall be treated
as an infraction, and shall, upon conviction, be punishable as set forth
in Section 1-8 of the Village Code.
(b) In addition to any criminal enforcement, the Village or any individual
may pursue any available civil remedies deemed appropriate and
necessary.
Sections 8-170 - 171. Reserved.
DIVISION 2. NON-COMMERCIAL
Section 8-172. Non-Commercial Solicitation. Definitions.
For the purpose of this article, the following words and phrases shall have
the following meanings:
Non-commercial solicitation shall mean the going upon any premises or to or in
one or more private residences by any person without appointment by personal
contact with the resident or occupant for the purpose of requesting directly,
or indirectly, money, credit, property, financial assistance, or other thing
of value on the plea or representation that such money, credit, property,
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 7
financial assistance, or other thing of value will be used for a non-
commercial purpose, such as a political, charitable, or religious purpose.
Non-commercial solicitation shall not include canvassing or calling from house
to house only for the purpose of communicating issues of general interest to
the public.
Residence shall mean and include every separate living unit occupied for
dwelling purposes by one or more persons, contained within any type of
building or structure, including the common areas inside multiple dwelling
buildings.
Person shall mean any individual, organization, group, association,
partnership, corporation, trust, or any combination thereof.
Section 8-173. Same. Registration required; Application.
(a) Any person desiring to engage in non-commercial solicitation as herein
defined within the village shall register with the individual designated
by the Chief of Police for the purpose of identification only.
(b) Application for a certificate of registration shall be made to the
individual designated by the Chief of Police upon a form provided by the
village. The person shall truthfully state in full on the application
the following information, or in lieu thereof, a statement of the reason
or reasons why such information cannot be furnished:
(1) The name and address of the person applying for the certificate.
(2) The name and address of each person in charge of and supervising
the non-commercial solicitation in the village.
(3) The nature and purpose of the non-commercial solicitation.
(4) The requested dates for non-commercial solicitation.
(5) The date, or approximate date, of the latest previous application
for a certificate under this article.
(c) Except as provided by Section 8-175 hereof, upon receipt of an
application, the individual designated by the Chief of Police shall
forthwith issue the person a certificate of registration.
Section 8-174. Same. Term; Renewal.
Each registration certificate shall be in effect for no more than thirty (30)
days. To renew a certificate of registration, a person shall complete a short
form, indicating no changes in the information provided in the initial
application, or if changes have occurred, a new application.
Ordinance 97-LC-SOL-G 584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 8
Section 8-175. Same. Denial of certificate; Appeal.
(a) The failure of a person to complete the application truthfully shall be
the sole basis for the denial of a certificate of registration. In the
event that any certificate of registration is denied, the individual
designated by the Chief of Police shall immediately notify the person in
writing of the reasons for said denial.
(b) If a certificate of registration is denied, the person may within ten
(10) days of the date such notice is sent cure the defect resulting in
the denial. If the person chooses not to cure the defect in the
application, the person may file a written appeal addressed to the
Village Manager. The manager shall then, within a reasonable time,
either affirm the refusal or order the individual designated by the
Village Manager to issue the certificate.
(c) If a determination is not made by the Village Manager concerning
issuance of the certificate within thirty (30) days after the date of
denial, an interim certificate of registration shall be issued, which
shall be valid until such determination is made.
Section 8-176. Same. Suspension and revocation.
(a) After notice and hearing, the right of an individual to engage in non-
commercial solicitation for a person registered pursuant to this article
may be revoked or suspended by the Village Manager, if that individual
violates any of the provisions of this article during the period of
registration.
(b) Notice of a hearing for revocation or suspension of an individual's
right to engage in non-commercial solicitation shall be provided in
writing and shall set forth specifically the grounds for the proposed
revocation or suspension and the time and place of the hearing. Notice
shall be mailed, postage prepaid to the registrant at the address shown
on the registration application or at the last known address of the
registrant.
(c) The certificate of the registered person is not revoked by proceedings
under this Section 8-176 and such person may substitute another
individual for the one whose right to solicit as herein defined is
revoked.
Section 8-177. Same. Regulations.
(a) Duty to leave premises on request. No person shall engage in
solicitation upon any premises or at any residence after having been
asked by an owner or occupant thereof to leave such premises or
residence.
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 9
(b) Duty to honor no-soliciting signs. No person shall come upon any
premises nor engage in solicitation upon any premises or at any
residence located thereon, if such premises or residence is posted
against solicitation by means of a notice, prominently displayed, upon
which is printed the legend, "No Solicitors or Peddlers", or
substantially similar language. Said posting shall be exhibited at or
near the main entrance to the premises or on or near the main door to
any residence located thereon, and shall consist of a sign at least two
inches by four inches (2"x 411) in size, which bears the above legend in
letters at least one-third inch (1/311) in height. Alternatively, said
posting shall be clearly visible at all entrances to any subdivision
having only private streets, provided all residents in the subdivision
consent to the erection of "No Solicitors" sign(s) which bear(s) the
above legend in letters at least 3" in height. Signs complying with the
foregoing requirements shall be made available at no cost at the office
of the Village Clerk in the Village Hall.
(c) Fraudulent misrepresentation. No person who engages in non-commercial
solicitation shall use any plan, scheme or ruse to make any statement
which indicates or implies that the purpose of such person's visit is
other than to engage in non-commercial solicitation, as herein defined.
(d) Duty to bear registration cards. Every person issued a certificate or
any individual soliciting for such person shall wear conspicuously on
the outside of his or her outer garments a registration card provided by
the village. Such card shall include at least the following information
printed legibly: the name of the individual issued the certificate of
registration, the name and phone number of the person (organization) for
whom the individual is soliciting, the purpose of the solicitation, and
the date of the expiration of the card. Each card shall also contain a
statement indicating that the card is not an endorsement by the village
or any of its employees. Cards issued under this article shall be
nontransferable.
(e) Time Limits. No person shall engage in non-commercial solicitation as
herein defined at any time prior to 9:00 a.m. or after 9:00 p.m. , local
time.
section 8-178. Violations and Penalty.
(a) Violation of any of the provisions of this Article IV shall be treated
as an infraction, and shall, upon conviction, be punishable as set forth
in Section 1-8 of the Village Code.
(b) In addition to any criminal enforcement, the Village or any individual
may pursue any available civil remedies deemed appropriate and
necessary."
Ordinance 97-LC-SOL-G-584
Amending Chapter 8,
Article IV, Solicitors
and Peddlers, Page 10
Section 3: That this ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 11th day of March, 1997.
Ayes: Trustees Kenny, McInerney, Shumate and President Bushy
Nays: None
Absent: Trustees Bartecki, Payovich and Savino
Abstain: None
APPROVED THIS 11th day of March, 1997.
vi lage President""
e 4,6r
G ,<e Ors
rk
9G �O
U
Approved as to Form:
Village Attorney
Published 3-12-97 Pamphlet form
Date Paper
Not Published