TITLE 4: BUSINESS AND LICENSE REGULATIONS
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CHAPTER 13: SOLICITORS
4-13-1 Purpose
4-13-2 Definitions
4-13-3 Registration Required;
Exemption; Application
4-13-4 Term;
renewal
4-13-5 Regulations
4-13-6 Penalties
for Violation of This Chapter
4-13-1: PURPOSE
A. The City of McHenry has a legitimate interest in preventing fraud, protecting the privacy of its residents, preventing crime and conserving the resources of its police department. This Chapter is
intended to apply to the solicitation of funds and is not intended to interfere
with the exercise of free speech and the free exercise of rights protected
under the First Amendment (i.e., religious proselytizing, anonymous political
speech, the distribution of hand bills, and freedom of the press). It is further declared to be the policy of
the City that the residents of the City have the right to determine whether any
solicitor shall be invited to their residence.
B. The business and operation of any solicitor in conformance with
the terms of this Article shall not be interpreted to be an endorsement of any
solicitor by the City, its elected officials or its employees.
4-13-2: DEFINITIONS
For the purpose of this Article, the following words and
phrases shall have the following meanings:
PERSON: Any individual, organization, group, association,
partnership, corporation, trust, or any combination thereof.
RESIDENCE: Every
separate living unit occupied for dwelling purposes by one or more persons,
contained within any type of building or structure, including the common areas
inside multiple dwelling buildings.
SOLICIT OR SOLICITING: The
act of engaging in solicitation.
SOLICITATION: The act of seeking to
a) solicit funds or b) to propose or engage in a commercial transaction
involving a sale, an offer for a sale, delivery of a commercial good or
service, or a commercial exchange, subscription, or any similar transaction,
except, as to both items a) and b) of this definition, when such activity is
conducted within a building zoned to permit such activity and under the
ownership and control of the solicitor.
Solicitation does not mean political or religious activities such as religious
proselytizing or the sale of religious materials, the collection of signatures
by political organizations or individuals in support of candidates for public
office or referendum questions to be submitted to the voters, or otherwise
engaging in political activities related to specific individuals, issues,
political parties or political action groups. Solicitation does not mean
freedom of press activities such as solicitation of newspapers or other
publications.
SOLICITOR: Any
person engaged in solicitation.
4-13-3 REGISTRATION REQUIRED;
EXEMPTION; APPLICATION
A. Except as otherwise
provided in this section, it shall be unlawful for any person desiring to
engage in solicitation within the City without having registered with the City
and obtained a certificate of registration from the City as provided herein.
B. Persons under the age
of fifteen (15) years engaged in solicitation within the City shall not be
required to register with the City. However, any such person shall comply with
all other applicable provisions of this section.
C. Application for a registration
shall be made to the City upon a form prescribed by the City and payment of an
application fee of $250. The person shall truthfully state in full all of the
required information in the application.
4-13-4 TERM;
RENEWAL
Each registration shall be in effect for no more than
thirty (30) days.
4-13-5 REGULATIONS
All solicitors shall comply with the following regulations:
A. Duty to leave premises on request. No person shall engage
in solicitation upon any premises or at any residence after having been asked
by an owner or occupant thereof to leave such premises or residence.
B. Duty to honor no soliciting signs. No person shall enter
upon any premises nor engage in solicitation upon any premises or at any
residence located thereon, if such premises or residence is posted against
solicitation by means of a notice, prominently displayed, upon which is printed
the legend, "No Soliciting", or substantially similar language. Said posting shall be exhibited at or near
the main entrance to the premises or on or near the
main door to any residence located thereon.
C. Fraudulent misrepresentation and misstatement prohibited. No person shall cheat,
deceive, or fraudulently misrepresent, whether through himself or through an
employee or representative, while soliciting in the City.
D. Duty to wear badges. Every person issued a certificate of
registration or any individual soliciting for such person shall wear
conspicuously on the outside of his or her outer garments a solicitation badge
provided by the City. Such badge shall include at least the following
information printed legibly: the name of the individual issued the badge, the organization
registered with the City, the purpose of the solicitation, and the date of the
expiration of the registration. Each badge shall also contain a statement
indicating that the card is not an endorsement by the City or any of its
employees. Badges issued under this section shall be nontransferable.
E. Restrictions on individuals who may solicit. No person shall use any individual for
solicitation as herein defined unless such individual is listed on that
person's application.
F. Time limits. Except as otherwise
provided herein, no person shall engage in solicitation as herein defined from
March through September at any time prior to 9:00 a.m. or after 8:00 p.m. and
from October through February at any time prior to 9:00 a.m. or after 5:00 p.m.
G. Immediate Identification.
Every
solicitor shall immediately identify himself/herself and the purpose of the
solicitation to each person being solicited.
H. Impeding Traffic Prohibited. No person shall solicit anywhere in the City in
a manner that completely or substantially impedes the flow of pedestrian or
vehicular traffic in, on or around any sidewalk or public property, way or
place. No person engaged in solicitation
shall have the exclusive right to any sidewalk or other public property, way or
place, nor the right to establish a permanent stationary location for such
solicitation.
I. Soliciting from vehicles.
No
person shall stand on any street or highway within the City for purposes of
soliciting from the occupant of any vehicle except as set forth in 65 ILCS
5/11-80-9.
J. Public Health and Safety.
No
person shall engage in solicitation within the City in such a manner that
creates a danger or threat of any kind to the public health, safety and
welfare.
4-13-6 PENALTIES
FOR VIOLATION OF THIS SECTION
Any person who violates any of the provisions of this Chapter
shall be subject to the penalties set forth in the City’s Municipal Code.