For purposes of this article, the following words shall have
the meanings indicated unless their context clearly requires otherwise:
Includes all activities ordinarily performed by a solicitor
as defined in this article.
Any person who goes upon the premises of any private residence
or commercial enterprise in the City, not having been invited by the
occupant thereof, for the purpose of taking or attempting to take
orders for the sale of goods, services, merchandise, wares, insurance
policies, subscriptions to books, magazines, periodicals or other
personal property of any nature for future delivery, or for services
to be performed in the future. This definition includes any person
who, without invitation, goes upon private property to request the
contribution of funds or anything of value, or to sell goods or services
for political, charitable, religious, not-for-profit, or other similar
noncommercial purposes.
It is hereby declared to be the policy of the City that the
occupant of the residence or commercial enterprise shall make the
determination of whether solicitors shall be invited to their residence
or commercial enterprise.
(A)
Any person not wishing to be solicited shall give notice of this
determination to solicitors by displaying in the following manner
a weatherproof card, approximately two inches by four inches in size,
upon or near the main entry door to the premises containing the language,
or similar language, as follows:
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NO SOLICITORS INVITED
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(B)
The letters shall be at least 1/3 inch in height. For purposes of
uniformity, the cards shall be provided by the City Clerk to persons
requesting the same.
(C)
Such card so exhibited shall constitute sufficient notice to any
solicitor of the determination by the occupant of the premises of
his desire not to be solicited.
(A)
It shall be the duty of every solicitor in the City to first examine for the notice provided in § 11.372 and be governed by the statement contained in the notice. If the notices states "no solicitors invited," or similar language, then the solicitor shall immediately and peacefully depart from the premises.
(B)
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.
It shall be unlawful and shall constitute a trespass and a nuisance for any person to go upon any premises and ring the doorbell, knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant if the premises displays the notice provided for in § 11.372.
It shall be unlawful to engage in the act of soliciting prior
to 9:00 a.m. or after 9:00 p.m., or at any time on a Sunday, state
or national holiday.
It shall be unlawful for any person to solicit on a public parkway,
on corners adjacent to a public roadway, or on any part of a roadway,
whether dedicated as a street or easement. Notwithstanding the foregoing,
solicitation for charitable organizations registered with the Attorney
General pursuant to the provisions of 225 ILCS 460/0.01 et seq. shall
be allowed on road dividers and safety islands so long as it does
not disrupt the orderly flow of traffic or interfere with the operation
of traffic control devices.
Every solicitor, itinerant vendor, itinerant dealer in secondhand
clothes, canvasser and helper of a solicitor, itinerant vendor, itinerant
dealer in secondhand clothes, or canvasser shall apply for a solicitation
permit with the City Clerk prior to engaging in the activity of soliciting
in the City.
(A)
Each applicant for a solicitation permit shall provide the following
information to the City Clerk on letterhead stationery indicating
the name, officers, telephone number, and address of the organization
or business:
(1)
The dates, hours and location for which the right to solicit
is desired;
(2)
The names, addresses, dates of birth and social security numbers
of all persons who will be soliciting;
(3)
The names of at least three municipalities in which the organization
has solicited;
(4)
A brief description of the activity to be conducted; and
(B)
The City Clerk's office shall forward a copy of the permit application
to the City of Hometown Police Department upon its receipt of the
same.
(C)
The City reserves the right to revoke or deny any solicitation permit for fraud or misrepresentations in the permit application process, for conducting its solicitation activities in such a manner as to create a breach of the peace, or for repeated violations of § 11.372 by individual solicitors. Notice, the nature of the allegations in writing and a hearing before the Mayor or City Council are required before any solicitation permit is revoked or denied.
All solicitors, after receiving the proper permit, shall wear in a conspicuous place on their outer garment an identification card displaying their picture (at least one inch by one inch), the name of the solicitor and the name and address of the person or organization receiving the solicitation permit. Notwithstanding the display of the required identification badge, no person shall engage in the activity of solicitation unless his name was submitted to the City Clerk's office pursuant to § 11.378(A)(2).
Although a solicitation permit is required, no fee shall be
charged to any charitable, veteran's, civic, cultural, political,
fraternal, social service or similar not-for-profit organization.
