Loading...
O-70-40i ORDINANCE NO. 0-70-40i AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 16 OF THE MUNICIPAL CODE OF DEERFIELD Published in pamphlet form this .31st day of August A.D. , 1970 by the Board of Trustees of the Village of Deerfield, Illinois ORDINANCE NO. 0- 70 -40. AN ORDINANCE AMENDING ARTICLE III OF CHAPTER '16 OF THE MUNICIPAL CODE OF DEERFIELD WHEREAS, complaints have been received by the Police Department, elected officials and administrative personnel of this Municipality from.occupants of residences and dwelling units, about persons who have gained, or sought to gain, admittance to their residences for the purpose of soliciting, or, on the pretext of soliciting, and have by their conduct made nuisances of themselves by disturbing and annoying the occupants, or by their acts and con- duct have violated the rights of the occupants to the quiet and peaceful enjoyment and security of their homes; and in some cases persons have apparently sought admittance to a residence as a sol- icitor for the purpose of gaining information for some illegal pur- pose or to commit an illegal act; and WHEREAS, the corporate authorities deem it necessary to invoke the police powers for the protection of the residents of this Municipality against such occurrences, and for that purpose to provide regulations which will tend to prevent them; and WHEREAS, the President and Board of Trustees of the Village declare that the regulations established by this Ordinance are nec- essary for the safety, comfort, good order and welfare of the residents of this Municipality who desire the protection of the enforcement of the regulations established by this Ordinance by and through their cooperation. . NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Article III of Chapter 16 of the Municipal ONE: Code of the Village of Deerfield of 1963, as amended, is hereby further amended by striking said Article in its entirety and substituting in lieu thereof the following: "ARTICLE III Solicitors 16.301 Definitions.) That for the purpose of this Article, the following words, as used herein, shall be construed to have the meaning herein ascribed thereto, to -wit: 'Soliciting': Shall mean and include any one or more of the following activities: Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever, or Seeking to obtain prospective customers for application or purchase of insurance of any type, kind'or character; or Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or non - profit association, organization, corporation or project. 'Residence': Shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. 'Registered Solicitor': Shall mean and include any person who has obtained a valid Certificate of Registration, as hereinafter provided, and which Certificate is in the possession of the solicitor on his or her person while engaged in soliciting. 16.302 Certificate of Registration.) Every person desiring to engage in soliciting as herein defined from persons in residences within this Municipality, is hereby required to make written application for a Certificate of Registration, as hereinafter provided. 16.303 Application for Certificate of Registration.) Application for a Certificate of Registration shall be made upon a form provided by the Chief of Police of this Municipality and filed with such Chief. The applicant shall truthfully state in full the informa- tion requested on the application, which shall include the following: (a) Name and address of present place of residence .and length of residence at such address; also -2- business address,.if other than residence address; also social security number; (b) Address of place of residence during the past three years, if other than present address; (c) Age of applicant and marital status; and, if married, the name of spouse; (d) Physical description of the applicant; (e) Name and address of the person, firm or corporation or association by whom the applicant is employed or represents; and the length of time of such employment or representation; (f) Name and address of employer during the past three years, if other than the present employer; (g) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; (h) Period of time for which the Certificate is applied; (i) The date or approximate date of the latest previous application for Certificate under this Ordinance, if any; (j) Has a Certificate of Registration issued to the applicant under this Ordinance ever been revoked; (k) Has the applicant ever been convicted of a violation of any of the provisions of this Ordinance or the Ordinance of any other Illinois Municipality regulating soliciting; (1) Has the applicant 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; (m) Also, such additional information, as the Chief of Police may deem necessary to process the application. All statements made by the applicant upon the application or in connection therewith shall be under oath. The Chief of Police shall require every applicant to submit to finger printing by the Police Department of this Municipality in connection with the applica- tion for Certificate. The Chief of Police shall cause to be kept in his office an accurate record of every applica- tion received and acted upon together with all other information and data pertaining thereto and all Certificates of Registration issued under the provisions of this Ordinance, 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. . 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 years of the date of the application; or.has been con- victed of a violation of any of the provisions of this Ordinance; or whose Certificate of Registration issued hereunder has previously been revoked, as herein provided. 16.304 Issuance and Revocation of Certificate.) The Chief of Police, after examination of the application, shall deny the application, if the applicant 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 years of the date of the application; or has been convicted of a violation of any of the provisions of this Ordinance; or whose Certificate of Registration issued hereunder has previously been revoked, as herein provided. Endorsement shall be made by the Chief of Police upon the application in the event of the denial of the application. When the applicant is found to be qualified, the Certificate of Registration shall be issued forthwith. Any Certificate of Registration issued hereunder shall be revoked by the Chief of Police, if the holder of the Certificate is convicted of a violation of any of the provisions of this Ordinance, or has made a false material statement in.the application, or otherwise becomes disqual- ified for the issuance of a Certificate of Registration under the terms of this Ordinance. Immediately upon such revocation written notice thereof shall be given by the Chief of Police to the holder of the Certificate in person or by certified U.S. mail addressed to his or her residence.set forth in the application. -4- i Immediately upon the Certificate null and void. the giving of such notice, of Registration shall become The Certificate of Registration shall state the expiration date thereof.:. 16.305 Policty on Soliciting.) It is hereby declared to be the policy of the corporate authorities of this Municipality that the occupant or occupants of the residences in this Municipality shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences. If no determination is made, as is provided in Section 16.306 hereof, then, in that event, registration is not required. 16.306 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, to -wit: Notice of the determination by the occupant of giving invitation to solicitors or the refusal of invitation to solicitors to any residence shall be given in the manner following: A weatherproof card approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows: 'ONLY SOLICITORS REGISTERED IN DEERFIELD INVITED' or 'NO SOLICITORS INVITED' The letters shall be at least one -third inch in height. For the purpose of uniformity, the cards shall be provided by the Chief of Police to persons requesting, at the cost thereof. Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon. -5- 16.307 Duty of Solicitors.) It shall be the duty of every solicitor upon going onto any premises in the Municipality upon which a residence, as herein defined, is located to first examine the Notice provided for in Section 16.306 of this Ordinance, if any is attached, and be governed by the statement contained on the notice. If the notice states 'ONLY SOLICITORS REGISTERED IN DEERFIELD INVITED,' then the solicitor not possessing a valid Certificate of Registration, as herein provided, shall immediately and peacefully depart from the premises; and if the notice states, 'NO SOLICITORS INVITED', then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to any residence, whether invited or not,-shall imme- diately and peacefully depart from the premises when requested to do so by the occupant. 16.308 Uninvited Soliciting Prohibited.) It is hereby declared to be unlawful and shall con- stitute 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 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, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 16.306 of this Ordinance. 16.309 Time Limit on Soliciting.) It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this Ordinance 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 occu- pant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting, as herein defined, prior to 9:00 A.M. or after 5:00 P.M. of any weekday or at any time on a Sunday or on a state or national holiday. 16.310 Penalty.) Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be subject to a fine of not more than $500.00 for each offense. -6- SECTION That, if any section, paragraph, clause or TWO: provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. SECTION That the Village Clerk is hereby directed to THREE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FOUR: effect from and after its passage, approval and publication, as provided by law. AYES: FIVE (5) NAYS : NONE (0) ABSENT: NONE (0) PASSED this 31st day of Auj �t A.D. , 1970. APPROVED this 31st day of ' August ' A.D. , 1970. ATTEST: VILLAGE CLERK .. Y�,, t - .VILLAGE PRESIDENT -7-