Ordinance 2000-25 STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000- AS-
AN ORDINANCE AMENDING TITLE 3, CHAPTER 7 OF
THE CITY CODE OF THE UNITED CITY OF YORKVILLE
(AN ORDINANCE REGULATING SOLICITORS, HAWKERS AND ITINERANT
MERCHANTS)
WHEREAS, the Mayor and City Council of the United City of Yorkville, upon the
recommendation and request of various members of the community, and after careful
consideration and study by the City Police Department, deem it to be in the best interest, and
necessary for public safety, to amend the existing Ordinance as it pertains to Solicitors, Hawkers
and Itinerant Merchants;
NOW THEREFORE, the Mayor and the City Council of the United City of Yorkville
upon Motion duly made, seconded and approved, hereby enact the following amendment to the
previously enacted Ordinance with respect to Solicitors, Hawkers and Itinerant Merchants.
SECTION 3-7-1 DEFINITIONS: For the purpose of this Article, the following words as
used herein shall be construed to have the meanings herein ascribed:
HAWKER One who carries goods about and sells them by
offering them in the streets. His sales are not made
from one established spot, excepting where they are
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made in the street or other public place and he
makes delivery at the time of sale. Whether or not
he collects at the same time is immaterial.
ITINERANT MERCHANTS One who sells commodities from private premises
but remains at one place for the purpose of
temporary periods only, generally not more than six
(6) weeks. Examples include- Temporary Christmas
Tree Sales and Temporary Legal Firework Sales.
Also called transient merchant or transient vendor.
RESIDENCE Includes every separate living unit occupied for
residential purposes by one or more persons,
contained within any type of building or structure.
SOLICITING Includes any one or more of the following activities:
1. Seeking to obtain orders for the purchase of
goods, wares, merchandise, foodstuffs, and
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
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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.
5. Hawking or doing business as an itinerant
merchant.
SOLICITOR One who engages in acts of soliciting as defined above (also
includes hawkers and itinerant merchants)
SECTION 3-7-2 CERTIFICATE OF REGISTRATION REQUIRED: Every person
desiring to engage in soliciting, hawking or business as an itinerant
merchant within the City is hereby required to make written application for
a certificate of registration as hereinafter provided. It shall be unlawful for
any person to engage in soliciting, hawking or business as an itinerant
merchant without having first obtained said certificate of registration. Said
certificate shall be carried by the applicant while engaged in soliciting,
hawking or business as an itinerant merchant and shall be displayed for
inspection upon requests.
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SECTION 3-7-3 APPLICATION FOR CERTIFICATE:
1. Application for a certificate of registration shall be made upon a form provided by
the Chief of Police or his designee and filed with such Chief or his designee. The
applicant shall truthfully state in full the information requested on the application:
1.1 Name and address of present place of residence of solicitor, hawker or
itinerant merchant and applicant and length of residence at such address;
also business address if other than residence address; also social security
number and date of birth;
1.2. Address of place of residence of solicitor and applicant during the past
three (3) years if other than present address;
1.3. Physical description of the solicitor;
1.4. Name and address of the person firm or corporation or association whom
the applicant is employed by or represents; and the length of time of such
employment or representation;
1.5. Description sufficient for identification of the subject matter of the
soliciting, hawking or product being sold by the itinerant merchant which
the solicitor, hawker or itinerant merchant will engage in;
1.6. Period of time for which the certificate is applied for;
1.7. The date, or approximate date, of the latest previous application for
certificate under this Article, if any;
1.8. Whether a certificate of registration issued to the applicant under this
Article has ever been revoked;
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1.9. Whether the applicant or solicitor, hawker or itinerant merchant has ever
been convicted of a violation of any of the provisions of this Article or the
ordinance of any other Illinois municipality regulating the activities of
solicitors, hawkers or itinerant merchants;
1.10. Whether the applicant has ever been convicted of the commission of a
felony under the laws of the State of Illinois or any other state or Federal
law of the United States;
2. All statements made by the applicant upon the application or in connection
therewith shall be under oath.
3. The Chief of Police or his designee shall require every applicant and solicitor,
hawker or itinerant merchant to submit to fingerprinting by the Police Department
in connection with the application for certificate.
4. The Chief of Police or his designee 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. 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 of Illinois or any other
State for Federal law of the United States, within five (5) years of the date of the
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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 herein provided.
6. Each applicant shall pay a $15.00 application fee per application. No fee shall be
charged of a solicitor, hawker or itinerant merchant sponsored by or working for a
religious, educational or charitable organization where such organization is entirely
a nonprofit organization.
7. That the above stated registration requirements may be waived by the Chief of
Police or his designee if in his discretion he believes that the registration
requirements are unnecessary because of his personal familiarity with the individual
or groups of persons seeking to solicit within the City of Yorkville.
SECTION 3-7-4 ISSUANCE OF CERTIFICATE: The Chief of Police or his designee,
after consideration of the application and all information obtained relative
thereto, shall, within seven (7) calendar days of application, approve or
deny the application. If the person does not possess the qualifications for
such certificate, as herein required, and the issuance of a certificate of
registration to the applicant would not be in accord with the intent and
purpose of this Article, then the Chief or his designee shall deny the
application. Endorsement shall be made by the Chief of Police or his
designee upon the application of the denial of the application. If the
solicitor, hawker or itinerant merchant and applicant are found to be fully
qualified, the certificate of registration shall be issued within seven (7)
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calendar days of application so long as the application fees have been fully
paid. Any certificate of registration issued pursuant to this Article shall
expire thirty (30) days after issuance.
SECTION 3-7-5 CITY POLICY ON SOLICITING: It is hereby declared to be the policy
of the City Council that the occupant or occupants of any premises in the
City shall make the determination of whether solicitors shall be, or shall not
be, invited onto their respective premises. Only solicitors having a valid
certificate of registration provided in Section 3-7-2 of this Article shall
engage in solicitation within the city unless said solicitor has previously
been invited by an occupant of the premises.
It is further the City's policy that, in the interest of safety, no child under
the age of 14 shall be allowed to solicit in the City of Yorkville unless said
child is supervised during solicitation by an Adult who has registered
pursuant to this Ordinance.
SECTION 3-7-6 NOTICE REGULATING SOLICITING: 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 following
directions:
1. Any owner or resident may restrict solicitation or limit the hours
during which solicitors are invited to his or her residence by posting
that intention as provided in the Section.
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2. Notice of the determination by the occupant of the refusal of
invitation to solicitors or a restriction on the hours during which
solicitation is invited at any residence, shall be given in the manner
following:
A weatherproof card, approximately three inches by four inches (3"
x 4") in size, or larger, shall be exhibited upon or near the main
entrance door to the residence, indicating the determination of the
occupant, as follows:
NO SOLICITORS INVITED
or
SOLICITATION LIMITED TO THE HOURS OF:
to
3. The letters shall be at lest one-third inch(1/3") in height.
4. Such card, or similar sign, so exhibited shall constitute sufficient
notice to any solicitor of the determination by the occupant of the
residence of the information contained thereon.
SECTION 3-7-7 DUTY OF SOLICITORS: It shall be the duty of every solicitor upon
going onto any privately owned premises in the City to first examine the
notice provided for in Section 3-7-6 of this Article, if any is given or
attached, and be governed by the statement contained on the notice. If the
solicitor is calling during a time when the resident has restricted solicitation
or the notice states NO SOLICITORS INVITED, then the solicitor,
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whether registered or not, shall immediately and peacefully depart from the
premises. Any solicitor who has gained entrance to or who is on any
premises, whether invited or not, shall immediately and peacefully depart
from the premises when requested to do so by the occupant.
SECTION 3-7-8 UNINVITED SOLICITING PROHIBITED: 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, 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" as herein defined, in defiance of the
notice exhibited at the residence in accordance with the provisions of
Section 7-7-6 of this Article.
SECTION 3-7-9 TIME LIMIT ON SOLICITING: It is hereby declared to be 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" as herein defined,
before nine o'clock (9:00)A.M. or after eight o'clock (8:00)P.M., Monday
through Friday, or prior to nine o'clock(9:00)A.M. or after five o'clock
(5:00)P.M. on Saturday. There shall be no "soliciting", as defined in this
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article, on Sundays or on State or National holidays. Individual owners
and residents may further restrict the hours of soliciting on their property
by posting a Notice pursuant to Section 3-7-6.
SECTION 3-7-10 PENALTIES: If a violation of any of the provisions of this Ordinance
occurs, the City shall issue a citation to the offender and a fine in the
amount of Thirty-Five Dollars ($35.00). If any individual is found in
violation of the Ordinance for a second or subsequent time the City shall
issue a citation to the violator in the amount of Five Hundred Dollars
($500.00) Said fine shall be paid to the City of Yorkville no later than Ten
(10) working days after the violation or else the City shall file a Complaint
in the Circuit Court of Kendall County for violation of this Ordinance.
SEVERABILITY: The various parts, sections, and clauses of this Ordinance are
hereby declared to be severable. If any part, sentence, paragraph,
section, or clause is adjudged unconstitutional or invalid by a Court
of competent jurisdiction, the remainder of the Ordinance shall not
be affected thereby.
REPEALER: Any Ordinances or parts thereof in conflict with the provisions of
this Ordinance are hereby repealed to the extent of such conflict.
EFFECTIVE DATE: This Ordinance shall be in full force and effect 15 days from and
after its passage and approval by the Mayor and City Council.
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IN WITNESS WHEREOF, this Ordinance has been enacted this-day of
,2000.
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURR ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me, s Mayor of the United City of Yorkville, Kendall County, Illinois,
this �Aiay of ► , A.D. 2000.
ARTHUR F. PROCHASKA, JR., MAY
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this_
day of , A.D. 2000.
Attest: l��..PL 'K
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
(630)553-9500
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