Ordinance 2008-051 i
Ordinance No. c 5
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY
OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE
REGISTRATION OF SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and
validly existing non home -rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, it is in the best interests of the City that all solicitors, hawkers, and
itinerant merchants are regulated in order to protect the health, safety, and welfare of its
citizens.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 3, Chapter 7 of the United City of Yorkville Code of Ordinances
is hereby deleted in its entirety and replace with the following:
CHAPTER 7
SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS
3 -7 -1: DEFINITIONS:
For the purpose of this chapter, the following words as used herein shall
be construed to have the meanings herein ascribed:
HAWKER/PEDDLER: Any person traveling from place to place, house to
house, or street to street, carrying, conveying or transporting goods, wares,
and merchandise, offering and exposing the same for sale.
ITINERANT MERCHANT: Any person, who engages in a transient or
temporary business of selling and delivering goods, wares, or merchandise
within the City, and who, in furtherance of such purpose, leases, uses, or
occupies any temporary structure, tent lot, street, alley, sidewalk, or any
other such place, public or private, within the City for the exhibition and
sale of such goods, wares, or merchandise, or for securing orders for
future delivery of such goods, wares, or merchandise. Examples include:
Christmas tree 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:
A. Seeking to obtain orders for the purchase of goods, wares,
merchandise, foodstuffs, and services of any kind, character . or
description, for any kind of consideration; 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, magazines, periodicals,
newspapers, and every other type or kind of publication; or
D. 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.
E. Hawking or doing business as an itinerant merchant.
SOLICITOR: Any person traveling from place to place, house to house,
or street to street, taking or attempting to take orders for sale of goods,
wares and merchandise, personal property of any nature for future
delivery, or for services to be furnished or performed in the future,
whether or not such person carries or exposes for sale a sample of the
subject of such sale. (Ord. 2002 -01, 2 -26 -2002; amd. Ord. 2007 -52, 7 -24-
2007)
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 registered solicitor,
hawker, or itinerant merchant while engaged in soliciting and shall be
displayed at all times. (Ord. 2002 -01, 2 -26 -2002)
3 -7 -3: APPLICATION FOR CERTIFICATE:
A. Before a certificate may be issued under this chapter, a written
sworn application signed by the applicant, if an individual; or by all
partners, if a partnership; or by the president of a corporation, if a
corporation; or by a parent, if the applicant is under the age of fourteen
(14), containing the following information must be submitted to the Office
of the City Clerk:
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1. The applicant's name, current address of residence, length
of residence at such address, telephone number, business address if
other than residence address, date of birth, and social security
number;
2. Copy of current state photo identification or driver's
license;
3. Name, address, and telephone number of the person, firm,
corporation, or association whom the applicant is employed by or
represents, and the length of time of such employment or
representation;
4. A brief description of the nature of the business in which
the applicant is engaged, and the kind of products or services to be
sold or rendered;
5. Period of time for which the certificate is requested, and the
approximate hours of the day that such function shall be
performed;
6. The date, or approximate date, of the latest previous
application for certificate under this chapter, if any;
7. A statement whether a certificate of registration, under the
provisions of this chapter or any other similar ordinance of the city
or any county or municipality, has ever been revoked, together
with the details thereof;
8. A statement whether the applicant and/or the person(s)
managing or supervising the applicant's business have/has ever
been convicted of a felony or misdemeanor under the laws of the
state of Illinois or any other state or federal law of the United
States, or a violation of any of the provisions of this chapter or the
ordinance of any other Illinois municipality regulating the
activities of solicitors, hawkers, or itinerant merchants, together
with the details thereof;
9. The applicant's "Illinois Business Tax Number" as issued
by the "Illinois Department of Revenue." No certificate shall be
issued if the applicant does not have an Illinois Business Tax
Number, unless the applicant represents or works for a religious,
educational or charitable organization where such organization is
entirely a nonprofit organization and who can furnish the city with
a "Tax Exempt Number" and written proof of its "Tax Exempt
Status;"
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10. Each itinerant merchant must submit a signed statement
from the owner of the property from which he or she is proposing
to operate his or her business evidencing permission to do business
on the particular owner's property. If the applicant is proposing to
operate his or her business from a city park, written permission
from the Park Board must be submitted;
11. Photo of the applicant: Each applicant shall submit a photo
that must be the same size as required for passports — 2 inches by 2
inches.
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B. All statements made by the applicant upon the application or in
connection therewith shall be under oath.
C. Each applicant shall be required to submit to fingerprinting by the
police department in connection with the application for certificate. The
applicant shall pay the fee as set by the Illinois State Police for fingerprint
submissions.
D. The Office of the City Clerk shall keep 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 or
applications denied.
E. 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 or federal law of the United States, within five
(5) years of the date of the application; nor to any person who has been
convicted of a violation of any of the provisions of this chapter, nor to any
person whose certificate of registration issued hereunder has previously
been revoked, as herein provided.
F. Each hawker and itinerant merchant applicant shall pay a two
hundred dollar ($200.00) application fee per application. Each solicitor
applicant shall pay a one hundred dollar ($100.00) application fee per
application. No application 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 and who can furnish the city with a "Tax Exempt Number"
and written proof of its "Tax Exempt Status ". (Ord. 2002 -01, 2 -26 -2002)
3 -7 -4: ISSUANCE OF CERTIFICATE:
The Office of the City Clerk, after consideration of the application and all
information obtained relative thereto, shall, within ten (10) business days
of application, approve or deny the application. If the applicant does not
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provide the necessary information or qualify for such certificate, pursuant
to section 3 -7 -3 of this chapter, and the issuance of a certificate of
registration to the applicant would not be in accord with the intent and
purpose of this chapter, then the Office of the City Clerk shall deny the
application. If denied, endorsement shall be made by the Office of the City
Clerk upon the application. If the applicant provides the necessary
information and is found to be fully qualified, the certificate of registration
shall be issued within five (5) business days of the application approval so
long as the application fees have been fully paid. Any certificate of
registration issued pursuant to this chapter shall expire one (1) year after
issuance. (Ord. 2002 -01, 2 -26 -2002)
3 -7 -5: INVITING HAWKERS AND SOLICITORS ONTO
PREMISES:
The owner or resident of any premises in the city shall determine whether
hawkers and solicitors shall be, or shall not be, invited onto his or her
premises. Only hawkers and solicitors having a valid certificate of
registration provided in section 3 -7 -2 of this chapter shall engage in
solicitation within the city unless said hawker or solicitor has previously
been invited by an owner or resident of the premises. In the interest of
safety, no child under the age of fourteen (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 chapter. (Ord. 2002 -01, 2 -26-
2002)
3 -7 -6: NOTICE REGULATING SOLICITING:
A. Any owner or resident may restrict solicitation or limit the hours
during which hawkers and solicitors are invited to his or her residence by
posting that intention as provided in this section.
B. Notice of restricting solicitation or limiting a hawker's or
solicitor's hours by the owner or resident shall be given in the following
manner:
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 as follows:
NO SOLICITORS INVITED
or
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SOLICITATION LIMITED TO THE HOURS OF:
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Note: Any reference to "solicitors" on said card shall include both
hawkers and solicitors, as defined in this chapter.
C. Such card, or similar sign, so exhibited shall constitute sufficient
notice to any hawker or solicitor of the owner's or resident's desire to
restrict solicitation or to limit the hawker's or solicitor's hours. (Ord.
2002 -01, 2 -26 -2002)
3 -7 -7: DUTY OF HAWKERS AND SOLICITORS:
It shall be the duty of each hawker and solicitor entering any privately
owned premises in the city to first examine the notice provided for in
section 3 -7 -6 of this chapter, if any is given or attached, and abide by the
statement contained in the notice. If the hawker or solicitor is calling
during a time when the resident has restricted solicitation or limited the
hawker's or solicitor's hours, then the hawker or solicitor, whether
registered or not, shall immediately and peacefully depart from the
premises. Any hawker or 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 owner or
resident. (Ord. 2002 -01, 2 -26 -2002)
3 -7 -8: UNINVITED SOLICITING PROHIBITED:
It is hereby declared to be unlawful and shall constitute a nuisance for any
person, whether registered under this chapter or not, 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 3 -7 -6 of this chapter. (Ord. 2002 -01, 2 -26 -2002)
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 chapter 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 chapter, on
Sundays or on state or national holidays, except as follows: Itinerant
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merchants and hawkers not going door to door to residences may conduct
business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M.
Sunday through Saturday, including 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 of this chapter. (Ord. 2007 -52,
7 -24 -2007)
3 -7 -10: ITINERANT MERCHANTS; PERMIT:
In addition to the application fee set out in subsection 3 -7 -3F of this
chapter, itinerant merchants shall be required to obtain a permit from the
building and zoning department of Yorkville. Because of the
nonpermanent nature of the structures being operated by itinerant
merchants, itinerant merchants shall also be charged a fee of forty dollars
($40.00) to cover the costs and expenses of periodic safety inspections by
the building department of the premises from which sales are being made.
(Ord. 2002 -01, 2 -26 -2002)
Section 2. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this t D day of �,�a , A.D. 2008.
IT RK
ROBYN SUTCLIFF JOSEPH BESCO u„
ARDEN JOE PLOCHER , WALLY WERDERICH
I t
GARY GOLINSKI MARTY MUNNS u,
ROSE SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this I day of ,-) U E , A.D. 2008.
MAYOR
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