O-89-26ORDINANCE NO. 0 -89 -26
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
Published in pamphlet form this
5th day of June , 1989,
by the President and Board of
Trustees of Deerfield.
ORDINANCE NO. 0 -89 -26
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
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 2 and 3 of Chapter 7 of the Municipal
ONE: Code of the Village of Deerfield of 1975, as amended,
be and the same are hereby repealed in their entirety.
SECTION That Article 2 of Chapter 7 of the Municipal Code of
TWO: the Village of Deerfield of 1975 shall hereinafter be
as follows:
"Sec. 7 -14. Definitions.
The following words and phrases shall have the meanings,
and are hereby defined, as follows:
PEDDLING means the sale or offering for sale of property,
for immediate delivery from other than a fixed place of
business on private property. Peddling, commercial
solicitation and itinerant vending shall not include the
sale of goods by local not - for - profit organizations
organized for educational, religious or charitable purposes.
PEDDLER means a person who engages in peddling.
SOLICITING or SOLICITATION shall include any of the
following:
(a) COMMERCIAL SOLICITING. The selling or offering for
sale of property for future delivery from other than a
fixed place of business on private property or the
soliciting of funds not involving the sale of property.
(b) NON- COMMERCIAL SOLICITING. 'Soliciting support for
political, charitable or other causes.
SOLICITOR means a person who engages in soliciting.
Sec. 7 -15. License of Peddlers and Commercial Solicitors.
Every person engaging in the business of peddling or
commercial soliciting must obtain a license from the
Village of Deerfield as hereinafter provided. The
application shall set forth the following:
ORDINANCE NO. 0 -89 -. 26
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
Application for License. Application for a license shall
be made upon a form provided by the Village Clerk. The
applicant shall truthfully state in full the information
requested on the application, to wit:
(a) Name and address of.present place of residence and
length of residence at such address; business address
if other than residence address; also social security
number;
(b) Address of place of residence during the past three
(3) years, if other than present address;
(c) Physical description of the applicant;
(d) 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;
(e) Name and address of employer during the past three (3)
years, if other than the present employer;
(f) Description sufficient for identification of the
subject matter of the peddling or soliciting in which
the applicant will engage;.
(g) Period of time for which the license is sought;
(h) The date, or approximate date, of the latest previous
application for license under this Article, if any;
(i) Whether a license issued to the applicant by the
Village of Deerfield or any other municipality has
ever been revoked;
(j) Whether the applicant has ever been convicted of a
violation of any of the provisions of this Article or
ordinance of any other Illinois municipality
regulating soliciting or peddling;
ORDINANCE NO. 0 -89 -26
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
(k) Evidence that the applicant is authorized to solicit
for the organization represented;
(1) Whether the applicant has been convicted of a felony
within the preceding ten (10) years, or convicted of a
misdemeanor or ordinance violation within the
preceding five (5) years, and the nature of the
offense.
Sec. 7 -16. Issuance of License.
The application for license shall be investigated by the
Village Clerk and the Police Depa.rtment. If the
investigation or the application discloses a conviction of
a misdemeanor or a felony, the prior revocation of a
license or a conviction of any ordinance regulating
peddlers or solicitors, and if the conviction of a felony
has occurred within the last ten (10) years and if the
conviction of a misdemeanor or ordinance violation or
revocation of a license has occurred within the last five
(5) years, and if the conviction bears a reasonable
relationship to the peddling and soliciting activities by
the licensee, then the license shall not be issued. In all
other cases, upon payment of the license fee and upon
compliance with the provisions of this Code relating to
business licenses, the license shall issue within five (5)
business days of the application.
Sec. 7 -17. Regulation of Non - Commercial Solicitors.
Solicitors shall register with the police department each
day during which said non - commercial solicitation is to
take place prior to beginning solicitation. Each such
non - commercial solicitator will submit evidence of
identification and residence and the name and location of
the organization which the solicitor represents.
Sec. 7 -18. Regulations Applicable to All Soliciting and
Peddling:
(a) No person shall engage in solicitation or peddling
upon any private property after having been asked by
the owner or occupant thereof to leave such property.
it
ORDINANCE NO. 0 -89- 26'1.-'.._'
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
(b) It shall be unlawful for any person to engage in.
peddling or solicitation upon any private premises or
residence or business located thereon if such premises
or residence is posted against solicitation or
peddling by means of a notice, prominently displayed
upon which is printed the legend:..
"NO SOLICITORS OR PEDDLERS"
For purposes of the preceding sentence, a private property
shall be deemed to be posted against solicitation or
peddling if there is exhibited, on or near the main
entrance to the property or on or near the main door to any
structure located thereon, a sign at least three inches
(3 ") by four inches (4 ") in size and with letters at least
one -third inch (1/3 ") in height, which bears the above
legend.
Signs complying with the foregoing requirements shall be
made available at cost at the office of the Chief of Police
to persons requesting the same.
(c) No person who engages in solicitation or peddling
shall use any plan, scheme or ruse or make any
statement which indicates or implies that the purpose
of such person's solicitation is other than to obtain
orders for or to make sales of goods or services.
(d) 'No person who engages in solicitation or peddling
shall misrepresent the right of a buyer to rescind or
cancel a sale under the provisions of applicable law.
(e) It shall be unlawful for any person to engage in
commercial solicitation or peddling at any time prior
to nine o'clock (9:00) A.M. or after five o'clock
(5:00) P.M. local time, Monday through Saturday, or at
any time on Sunday, or on a State or national
holiday. It shall be unlawful for any person to
engage in non - commercial solicitating at any time
prior to nine o'clock (9:00) A.M. or after nine
o'clock (9:00) P.M. local time, Monday through Friday
or after six o'clock (6:00) P.M. on Saturday or at any
time on a Sunday or a State or national holiday.
ORDINANCE NO. 0- 89 -26-
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
(f) It shall be unlawful for any peddler or solicitor to
cheat, deceive or fraudulently misrepresent any
product or the price thereof, whether through himself
or through an employee, while acting as a peddler or
solicitor in the Village, or to barter, sell or peddle
any goods, merchandise or wares other than those
specified in his application for a license.
(g) No solicitor or peddler shall interfere with either
vehicular or pedestrian traffic on the public right of
way.
(h) No peddler or solicitor shall peddle or solicit by
shouting or by using any sound device in connection
with peddling or soliciting, including bells or
amplifying systems.
Section 7 -19. Exception for Local Charitable Solicitations.
(a) The registration requirements of Section 7 -17 may be
waived by the Chief of Police in those instances where
the Chief of Police has determined, following an
investigation made upon receipt of an application by
an organization complying with all of the conditions
of this Section, that the proposed solicitation is to
be a single solicitation conducted for or on behalf of
a charitable or non - profit association, organization,
corporation or project solely by residents of the
Village who shall not be compensated for conducting
said solicitation and who have not violated any
provisions of this Article which would otherwise cause
a revocation of a registration certificate.
(b) This Section shall in no way modify the notice
provisions of Section 7 -18 and no solicitations
pursuant to this Section shall be made of those
residents displaying the notice described in said
Section 7 -18.
ORDINANCE NO. 0 -89 -26
AN ORDINANCE AMENDING ARTICLES 2 AND 3 OF CHAPTER 7
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
Sec. 7 -20. License Revocation.
Any license issued to a peddler or solicitor according
this Article may be revoked because of any violation of
this Article or of any other ordinance of the Village,
of any State or Federal law, or whenever the registrant
shall cease to possess the qualifications and character
required in this Article for the original registration.
Sec. 7 -21. License Fees.
to
or
A license fee of fifty ($50.00) shall be payable by each
Peddler or Commercial Solicitor for each two -week period of
solicitation."
SECTION That the Village Clerk is hereby directed to publish
THREE: this ordinance in pamphlet form.
SECTION That this ordinance shall be in full force and effect
FOUR: from and after its passage, approval and publication,
as provided by law.
AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this 5th day of June A.D., 1989
APPROVED this 5th day of June A.D., 1989
VILLAGE PRESIDENT
ATTEST:
VI GE CLERK