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Sec. 24-1.
Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Peddler and peddling mean the practice by any person of traveling to a
house or from house-to-house carrying or offering for sale merchandise
of any kind or a service of any kind, or taking, or attempting to take,
orders for merchandise of any kind or for a service to be performed. The
term "peddling" shall include all sales or offers to sell merchandise
or services from any open air location, or from any location other than
a permanent, nonpublic building erected and used for such purposes in
accordance with chapter 40 of this Code. Such term shall not include or
apply to persons engaged in solicitation, as defined by, and in accordance
with, the terms of this chapter, or to persons engaging in the sale of
merchandise or services to a particular residence after having previously
been invited or requested to do so by the occupant of such residence.
Person means any individual over the age of 16 years, or any partnership,
corporation or other entity, including any religious group, political
group or organization of any kind.
Solicit and solicitation mean the practice by any person of traveling
to a house or from house-to-house requesting donations of money, property
or other thing of value, or the selling, or offering to sell, any article,
publication or other thing, whether of value or not, where the money,
property or thing of value to be donated, or the net proceeds of any such
sale, will be used for a nonprofit charitable, religious, patriotic, civic,
educational, political, philanthropic or other nonprofit purpose, and
will not inure to the benefit of any private shareholder or individual.
(Code 1992, § 12-1)
Cross references: Definitions generally, § 1-2.
Sec. 24-2.
Registration required for solicitation.
No person shall solicit within the village unless, not less than seven
days before commencing solicitation, such person has filed with the department
of public safety a sworn registration statement containing the information
required in section 24-3, and obtained a registration certificate issued
in accordance with section 24-5.
(Code 1992, § 12-2)
Sec. 24-3.
Solicitation registration statement.
The solicitation registration statement to be sworn to and filed under
this chapter shall contain the following information:
(1) The name, address and telephone number of the person registering
to solicit.
(2) If the registration is intended to cover more than one individual,
the names, addresses and telephone numbers of the registering organization,
the individuals who will be in direct charge of conducting the solicitations
and the individuals who will actually be conducting the solicitations.
(3) The purposes for which the solicitations are to be made, and
an outline of the use or disposition to be made of any receipts or proceeds
of the solicitations.
(4) An outline of the methods to be used in conducting the solicitations.
(5) The time when such solicitations shall be made, including the
dates for the beginning and ending of such solicitations and the hours
of the day during which solicitations shall occur.
(Code 1992, § 12-3)
Sec. 24-4.
Filing false registration statement.
It shall be a violation of this chapter for any person to knowingly file,
or cause to be filed, a registration statement containing one or more
false statements.
(Code 1992, § 12-4)
Sec.
24-5. Registration certificate issuance; possession and display
while soliciting.
(a) Upon the filing of a registration statement containing the information
required in section 24-3, the department of public safety shall issue
a solicitation registration certificate to the registered person.
(b) All persons engaging in solicitation shall carry the registration
certificate with them while soliciting, and shall produce the registration
certificate for inspection upon the request of any person being solicited
or any public safety officer.
(Code 1992, § 12-5)
Sec. 24-6.
Hours of solicitation.
No solicitation may be conducted in residential areas before 9:00 a.m.
and after sunset in the evening. For purposes of this section, the term
"sunset" means the official time published by the United States
Weather Service and applicable to the village, except that sunset shall
never be deemed to occur prior to 6:00 p.m. or subsequent to 9:00 p.m.
(Code 1992, § 12-6)
Sec. 24-7.
Soliciting where prohibited.
No solicitor shall enter onto property upon which a "no solicitation"
sign, or its equivalent, is posted and visible.
(Code 1992, § 12-7)
Sec. 24-8.
Solicitations from or near streets.
Solicitation from upon or within ten feet of any street or public highway
within the village is expressly prohibited without the express written
permission of the director of the department of public safety. The director
shall withhold such permission if, in the director's opinion, such solicitation,
by reason of its location, the time of day during which it is proposed
to occur or the quantity of individuals to be soliciting will unreasonably
impede the free flow of vehicular or pedestrian traffic or will unreasonably
jeopardize the safety of the solicitors, pedestrians or occupants of motor
vehicles. As a condition of permitting such solicitation, the director
may require that specific safety precautions be taken, and may revoke
permission to solicit if the solicitors fail or refuse to take such safety
precautions.
(Code 1992, § 12-8)
Sec. 24-9.
Peddling.
Peddling, as defined in section 24-1, is declared to be a public nuisance
and is prohibited within the village limits by all persons at all times.
(Code 1992, § 12-9)
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