G-1536 i •
Ordinance No. G-1536
AN ORDINANCE
AMENDING ARTICLE VI OF CHAPTER 27 OF THE CITY CODE PERTAINING TO THE
REGULATION OF PEDDLERS AND SOLICITORS
BE IT. ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
SECTION 1. That Article VI of Chapter 27 of the City Code of
Elgin be, and it hereby is, amended by repealing the present•Article
VI thereof in its entirety and inserting in lieu thereof the following
new Article VI, to-wit:
ARTICLE VI. PEDDLERS AND SOLICITORS
601. Definitions 606. Notice Regulating
602. Fraud Soliciting and Peddling
603. Hours of Operation 607. Duty of Solicitors or •
604. Place of Conducting Business Peddlers
605. Food Peddlers 608. Penalty
.27-601. DEFINITIONS. The term "peddler" when used in this Article
shall mean any person or firm or corporation, by its agents, who, going
from place to place, shall at -retail sell, offer for sale, sell and
deliver,. barter or exchange any goods, wares,, merchandise, fruits,
vegetables or country produce or any other article or thing.whatsoever
or any service not ordered directly by telephone, or otherwise, by the
householder. It shall not include a serviceman who, responding to a
prior call, sells replacement merchandise. The term "solicitor" when
used in. this Article shall mean any person or firm or corporation, by
its agents, who, going from place to place, without prior appointment
or prearrangement with the customer, shall take orders for future
delivery at retail of any merchandise or other article or thing or any
.service.
27-602. FRAUD. It shall be unlawful for any peddler or solicitor
to cheat,. deceive or fraudulently misrepresent the quality, price or
amount of his goods, merchandise or services offered for sale.
27-603. HOURS OF OPERATION. No soliciting or peddling shall be
permitted before the hour of 9:00 A.M. or after the hour of 8:00 P.M.
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within the City, and no peddling or soliciting shall be conducted on
Sundays.
27-604. PLACE OF CONDUCTING BUSINESS. No peddler or solicitor
may park on public property in a given place for longer than one-half
• hour after the time of his last sale or solicitation of an order at that
place, and after the expiration of said one-half hour, he must move on
to a different location which is at least one City block away.
27-605. FOOD PEDDLERS. Peddlers of food shall comply with the
applicable regulations of Chapter 26 of this Code, relating to food
dealers as therein defined.
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27-606. NOTICE REGULATING SOLICITING AND PEDDLING. Notice of
the determination of the occupant's refusal of invitation to any soli-
citors or peddlers shall be given in the following manner: A weather-
/ik proof card, at least three inches by four inches in size, shall be
exhibited upon or near the main entrance door to the residence, indi-
cating the determination by the occupant, containing the applicable
words, as follows:
"NO SOLICITORS OR PEDDLERS INVITED"
The letters shall be at least one-third inch in height. For the purpose
of uniformity, the cards shall be provided by the City Clerk to persons
requesting, at the cost thereof.
-Such card so exhibited shall constitute sufficient notice to any soli-
citor or peddler of the determination of the occupant of the residence
of the information contained thereon.
27-607. DUTY OF SOLICITORS OR PEDDLERS. It shall be the duty of
every solicitor or peddler, upon going onto any premises in the City
upon which a residence is located, to first examine the notice provided
for in this Article, if any is attached, and be governed by the statement
contained on the notice. If the notice states "NO SOLICITORS OR PEDDLERS
INVITED," then the solicitor or peddler shall immediately and peacefully
depart from the premises.
Any solicitor or peddler who has gained entrance to any residence,
whether invited or not,. shall immediately and peacefully. depart from
eft the premises when requested to do so by the occupant.
27-608. -PENALTIES. Any person, firm or corporation violating any
provision of this Article shall be guilty of a misdemeanor and shall be
fined not less than ten dollars nor more than two hundred dollars for
each offense; and a separate offense shall be deemed committed on each
occasion on which a violation occurs, whether within or beyond any one
twenty-four hour period.
SECTION 2. If any section or provision of this ordinance shall
be found by any court of competent jurisdiction to be invalid, said
• section or provision shall be deemed excised herefrom and its invalidity
shall not affect any other provision of this ordinance.
SECTION 3. That all ordinances or parts thereof in conflict
herewith are hereby repealed and of no further force and effect.
SECTION 4 . That this ordinance shall be in full force and effect
as provided by law and shall be published in pamphlet form by authority
of the City Council.
sl :°• E. .iuschenberso-+
W. E. Rauschenberger, Mayor
Presented: August 23, 1972
Passed: iu„ust 23, 1972
Vote: Yeas 6 Nays 0
Recorded: .1.1. 't 73, 1971
Published: !ti'JC 23, 172
Attest:
Clink
Margaret A. Clink, City Clerk