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G39-00 CITY OF ELGIN ORDINANCE NO. G39-00 AN ORDINANCE AMENDING CHAPTER 6.45 ENTITLED "PEDDLERS AND SOLICITORS" AND REPEALING CHAPTER 6.46 ENTITLED "PEDDLERS IN FOUNTAIN SQUARE PLAZA MALL" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 28TH DAY OF JUNE 2000 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 30th day of June 2000. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on June 28, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. G39-00 entitled An Ordinance Amending Chapter 6.45 Entitled "Peddlers and Solicitors" and Repealing Chapter 6.46 Entitled "Peddlers in Fountain Square Plaza Mall" of the Elgin Municipal Code, 1976, as Amended which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G39-00, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the r municipal building commencing on June 30, 2000, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 30, 2000. 54-16-kt,,e7 Municipal Clerk (SEAL) • • Ordinance No. G39-00 AN ORDINANCE AMENDING CHAPTER 6 . 45 ENTITLED "PEDDLERS AND SOLICITORS" AND REPEALING CHAPTER 6 .46 ENTITLED "PEDDLERS IN FOUNTAIN SQUARE PLAZA MALL" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the regulation of peddlers and solicitors is necessary to protect against criminal activity including fraud and burglary; and WHEREAS, the regulation of peddlers and solicitors will minimize the unwelcome disturbance of citizens and the disruption of privacy and will otherwise preserve the public health, safety and welfare; and WHEREAS, the City of Elgin is a home rule unit pursuant to Section 6a of Article 7 of the Constitution of the State of Illinois and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of peddlers and solicitors to protect against criminal activity, including fraud and burglary, to minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 6 . 45 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors" is hereby amended in its entirety to read as follows : "CHAPTER 6 .45 PEDDLERS AND SOLICITORS 6 .45 . 010 DEFINITIONS . The following words, terms and phrases and their derivations, when used in this chapter, shall have the meanings subscribed to them in this section: A. "Charitable" means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational , civic, cultural or fraternal , either actual or purported. B. "Contributions" mean and include the words em- alms, money, subscription, property or any donations under the guise of a loan or money or property. . . C . "Peddler" means any person who goes from place to place, not having been invited by the owner or occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale . This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this ordinance . D. "Peddling" includes all activities ordinarily performed by a peddler as indicated under Paragraph C of this section. E. "Person" means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust or organization; or the manager, lessee, agent, servant, officer or employee of any of them. F. "Place" or "Property" means any private property or any public property including public streets, sidewalks or any other public place in the City of Elgin. G. "Solicitor" means any person going from place to place, not having been invited by the owner or the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future . This definition also includes any person who goes upon property, not having been invited by the owner or occupant thereof, to request contribution of funds or anything of value, or sell goods or services for political , charitable, religious or other non-commercial purposes . H. "Solicitation" includes all activities ordinarily performed by a solicitor as indicated under Paragraph G of this section. 6 . 45 . 020 PERMIT REQUIREMENTS AND EXCEPTIONS . It shall be unlawful for any person to engage in peddling or solicitation activities within the City of Elgin without first obtaining a permit issued by the city' s fiscal services manager; provided, however, that the following are exempted from the provisions of this section: -2- . , A. Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made; B. Any contribution to an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation; C. Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable organization; or D. Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary. E. Any peddling or solicitation activities by a person under sixteen (16) years of age, provided further however, it shall be unlawful for any person under sixteen (16) years of age to engage in any such peddling or solicitation without a permit having been obtained pursuant to Section 6 . 45 . 030 hereof . F. Any solicitation made upon any public street or sidewalk requesting the contribution of funds or anything of value, provided further however, it shall be unlawful for any person to engage in such solicitation activities without a permit having been obtained pursuant to Section 6 .45 . 040 hereof . 6 . 45 . 030 PERMIT FOR SPONSORING JUVENILE PEDDLERS OR SOLICITORS . A. No person under sixteen (16) years of age shall be permitted to engage in peddling or solicitation activities within the City of Elgin except as provided in this section. B. A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one (1) or more persons under sixteen (16) years of age . C. The sponsor shall be responsible for supervising and controlling the conduct of all r persons, including juveniles, peddling or soliciting under the sponsor' s permit . -3- D. The sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual . The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when individuals are peddling or soliciting. E. The sponsor shall comply with the requirements of the State of Illinois Child Labor Law at 820 ILCS 205/1 et seq. , as amended. 6 .45 . 040 PERMIT FOR SOLICITATION OF FUNDS ON PUBLIC STREETS OR SIDEWALKS. A. No person shall engage in any solicitation made upon any public street or sidewalk within the City of Elgin requesting the contribution of funds or anything of value except as provided in this section. B. A permit shall be obtained by a sponsoring person, company or organization for the conduct of any solicitation requesting the contribution of funds or anything of value conducted upon any public street or sidewalk in the city. C. The sponsor shall be responsible for supervising and controlling the conduct of all persons soliciting under the sponsor ' s permit . D. The sponsor shall provide to each individual in its solicitation force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual . The sponsor shall require all individuals in the sales force to wear such identification so that it is clearly visible at all times when individuals are soliciting. E. The sponsor and any person soliciting for the contribution of funds or anything of value on any public street or sidewalk shall not obstruct vehicular or pedestrian traffic and shall comply with all applicable traffic regulations . 6 . 45 . 050 PERMIT APPLICATION. A. Every person subject to the provisions of Section 6 . 45 . 020 shall file with the city' s fiscal services manager an application in writing on a form to be furnished by the fiscal services division, which shall provide the following information: -4- 1 . Proof of age, address and identification of the applicant, to be provided through the applicant ' s driver ' s license, articles of incorporation (for sponsors) , or other legally recognized form of identification; 2 . A brief description of the business or activity to be conducted; 3 . The hours and location for which the right to peddle or solicit is desired; 4 . If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; 5 . A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic offenses) , the nature of the offense or violation, the penalty or punishment imposed, the date when and place where the conviction for such offense occurred, and other pertinent details thereof; 6 . Three (3) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure approximately 3 " inches by 5" inches and show the head, face and shoulders of the applicant in a clear and distinguishing manner. B. Every person subject to the provisions of Section 6 . 45 . 030 or Section 6 . 45 . 040 shall file with the City' s Fiscal Services Manager an application in writing on a form to be furnished by the Fiscal Service Division, which shall provide the following information: 1 . Proof of age, address and identification of the applicant who is the sponsoring person, company or organization to be provided through the applicant sponsor ' s driver ' s license, articles of incorporation or other legally recognized form of identification; -5- 2 . A brief description of the business or activity to be conducted; 3 . The hours and location for the right to peddle or solicit as desired; 4 . A listing of the name, address and date of birth of all persons the sponsor proposes to be peddling or soliciting under the sponsor' s permit; 5 . A statement as to whether or not the applicant sponsor or any person the applicant sponsor proposes to be peddling or soliciting under the sponsor' s permit has been convicted of a felony, misdemeanor or ordinance violation (other than traffic offenses) , the nature of the offense or violation, the penalty of punishment imposed, the date when and place where the conviction for such offense occurred, and other pertinent details thereof . 6 . 45 . 060 APPLICATION REVIEW AND PERMIT ISSUANCE. A. Upon receipt of an application, the fiscal rik services manager, or his authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise necessary to ensure the protection of the public health, safety and general welfare. The fiscal services manager, or his authorized representative, shall issue or deny the application for the required permit within seven (7) days of the submission of a completed application. B. If the fiscal services manager, or his authorized representative, finds the application to be satisfactory, the fiscal services manager, or his authorized representative, shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant . C . The permit shall show the name, address and photograph of the permittee, the class of permit issued, the kinds of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect . The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. D. A record of all permits issued shall be maintained by the fiscal services department . -6- 6 .45 . 070 DENIAL OF PERMIT. A. Upon the fiscal services manager ' s review of the application, the fiscal services manager may refuse to issue a permit to the applicant under this chapter for any of the following reasons : 1 . The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers; 2 . An investigation reveals that the applicant falsified information on the application; 3 . The applicant or a person the applicant proposes to sponsor as a peddler or solicitor pursuant to Sections 6 . 45 . 030 or 6 .45 . 040 has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, theft, burglary, or any violent acts against persons or property, such conviction having been entered within five (5) years preceding the date of application; 4 . The applicant or a person the applicant proposes to sponsor as a peddler or solicitor pursuant to Sections 6 . 45 . 030 or 6 .45 . 040 is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application; 5 . There is no proof as to the authority of the applicant to serve as an agent to the principal ; or 6 . The applicant or a person the applicant proposes to sponsor as a peddler or solicitor pursuant to Sections 6 . 45 . 030 or 6 . 45 . 040 has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the fiscal services manager that the reasons for such earlier denial no longer exist . B. The fiscal services manager' s disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no -7- permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or the applicant ' s last known address . 6 .45 . 080 PERMIT FEE . At the time the application is filed with the fiscal services manager, the applicant shall pay a fee to cover the cost to the city of processing the application and investigating the facts stated therein. Permit fees shall be as follows : A. $20 for each solicitor or peddler for permits pursuant to Section 6 .45 . 020 . B. $20 for a permit issued pursuant to Section 6 . 45 . 030 or 6 .45 . 040 . 6 . 45 . 090 PERMIT EXPIRATION. All permits issued under the provisions of this chapter shall expire ninety (90) days from the date of issuance . 6 . 45 . 100 IDENTIFICATION BADGES . emk At the same time the permit is issued pursuant to Section 6 .45 . 020 , the fiscal services manager shall issue to each such permittee a badge, which shall be worn by the permittee in such a way as to be conspicuous at all times while the permittee is soliciting or peddling in the city. The information included on the identification badge shall include but not be limited to the name of the permittee and the expiration date of the permit . In the event an identification badge is lost, stolen or otherwise unusable and requires replacement the permittee shall pay a fee of $10 . 00 for a replacement badge . 6 . 45 . 110 PERMIT EXHIBITION. Every person required to obtain a permit under the provisions of this chapter shall exhibit the permit when requested to do so by any prospective customer or city employee . 6 . 45 . 120 TRANSFER PROHIBITED. It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter. -8- e"- 6 . 45 . 130 ENTRY UPON SIGNED PREMISES UNLAWFUL. It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor, to enter upon any residential premises in the city where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a weather-proof card, at least three (3) inches by four (4) inches in size, bearing the words : "NO SOLICITORS OR PEDDLERS" . In addition thereto, any peddler or solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant . 6 . 45 . 140 HOURS OF PEDDLING OR SOLICITATION. No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences before the hour of 9 : 00 a.m. or after the hour of 8 : 00 p.m. on Mondays through Saturdays and at any time on Sundays . 6 .45 . 150 MISREPRESENTATION UNLAWFUL. It is unlawful for any peddler or solicitor to make a misrepresentation or a false statement in the course of conducting peddling or solicitation activities or to otherwise cheat , deceive or fraudulently misrepresent the quality, price or amount of his goods, merchandise or services offered for sale . 6 . 45 . 160 FOOD SALES . Peddlers of food shall comply with the applicable regulations of Chapter 9 . 08 of this code, as amended, relating to food dealers as therein defined. 6 . 45 . 170 PARKING TIME RESTRICTION. 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 e"- of the one-half hour, he must move on to a different location which is at least one (1) city block away. -9- 6 . 45 . 180 PEDDLING FROM MOVING RECEPTACLE PROHIBITED. It is unlawful to sell, barter, exchange or offer for sale, barter or exchange any tangible personal property upon or along the streets, highways or public places of the city or from house to house whether at one place thereon or from place to place, from any motor vehicle, wagon, truck, push cart or other vehicle or from moving receptacles of any kind. This prohibition shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items nor shall this prohibition include the solicitation of orders by sample where the goods are not delivered at the time the order is taken. 6 .45 . 190 PERMIT REVOCATION. Any permit issued under this chapter may be revoked or suspended by the fiscal services manager after notice and hearing, for any of the following reasons : A. Fraud, misrepresentation or false statement contained in the application for a permit ; B. Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities; C. Conducting peddling or solicitation activities contrary to the provisions contained in the permit, the provisions of this chapter or other requirements of law; D. Conviction for any crime involving moral turpitude; or E . Conducting peddling or soliciting activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public . 6 .45 . 200 NOTICE AND HEARING. Notice of a hearing for revocation or suspension of a permit issued under this chapter shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the -10- address shown on the permit application or at the last known address of the permittee . 6 .45 . 210 APPEALS . A. Any person aggrieved by the action or decision of the city' s fiscal services manager to deny, suspend or revoke a permit applied for under the provisions of this chapter shall have the right to appeal such action or decision to the city manager within fifteen (15) days after the notice of action or decision has been mailed to the permit person' s address as shown on the permit application form, or to his last known address . B. An appeal shall be taken by filing with the fiscal services manager a written statement setting forth the grounds for appeal . C. The fiscal services manager shall transmit the written statement to the city manager within ten (10) days of its receipt and the city manager shall set a time and place for hearing on the appeal . The city manager may designate an authorized representative to conduct such a hearing. D. A hearing shall be set not later than twenty (20) days from the date of receipt of the appellant ' s written statement . E. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision. F. The decision of the city manager on the appeal shall be final and binding on the parties concerned. 6 . 45 . 220 CLAIMS OF EXEMPTION. Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee, shall cite to the city' s fiscal services manager the statute or other legal authority under which exemption is claimed and shall present to the city' s fiscal services manager proof of qualification for such exemption. 6 . 45 . 230 PENALTY FOR VIOLATION. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an -11- offense . Any person convicted of an offense under elem. this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine of not less than $100 nor more than a fine of $500 . B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City of Elgin to suspend, revoke or refuse to renew any permit . 6 . 45 . 240 SEVERABILITY. If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof had not been included. " Section 2 . That Chapter 6 .46 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors in Fountain Square Plaza Mall " be and is hereby repealed. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after September 1, 2000 . rft. Ed choc , Mayor -12- Presented: June 28 , 2000 Passed: June 28, 2000 Omnibus Vote : Yeas 7 Nays 0 Recorded: June 29, 2000 Published: June 30, 2000 Attest : all-44"1"ACZ- Dolonna Mecum, City Clerk r -13-