Chapter 22 - Business Regulations
Division 4 - Solicitors
SEC. 22.4-1 REGISTRATION REQUIRED. It shall be unlawful for any person to solicit within the Town of Normal without first having obtained a Registration Certificate from the Chief of Police or his designee. Registration Certificate will be issued in a nondiscriminatory, nonarbitrary manner. Registration shall apply to nonprofit, religious, charitable, and commercial activities alike. Registration Certificates are valid for thirty (30) days including the date of issue, unless sooner suspended or revoked as provided herein. (Amended 3/2/98 by Ord. No. 4496)
SEC. 22.4-2 DEFINITIONS. Solicit: As used in this Division, solicit means to enter without prior express invitation, upon residential property for the purpose of selling, leasing, or renting any property real or personal, for the purpose of obtaining monetary donations, or for the purpose of taking orders for the sale, lease, or rental of property real or personal. (Amended 9/5/89)
SEC. 22.4-3 TIME CONSTRAINTS. Soliciting shall be limited to the hours between 9:00 a.m. and 9:00 p.m. prevailing time everyday.
SEC. 22.4-4 APPLICATION. Any person desiring to register for the purpose of soliciting shall apply therefor in writing over his or her signature to the Chief of Police or his designee on forms provided by the Town of Normal. Information required shall include: (1) the name and address; (2) the name and address of the person, firm or corporation by whom the applicant is employed; (3) a complete physical description of the applicant; (4) date of birth of the applicant; (5) the Social Security number of the applicant; (6) the nature or character of the goods, wares, merchandise or services to be offered by the applicant; (7) the complete description and license number of the vehicle to be used; (8) copy of Certification of Registration under Illinois Retailer's Occupation Tax Act; (9) registration pursuant to Town of Normal Business Registration Act; (10) registration pursuant to Town of Normal Home Rule Purchase Tax Act.
SEC. 22.4-5 APPLICATION REVIEW. The Police Chief or his designee shall review the Registration Application and issue a Registration Permit to the applicant provided: (a) All requested registration information has been supplied; (b) The applicant has not been convicted of any criminal offense involving fraudulent commercial transactions within the past 24 months; and (c) The proposed activity complies with state and local laws.
SEC. 22.4-6 CERTIFICATE. Each person shall at all times, while soliciting in the Town of Normal, carry upon his person a copy of the Registration Certificate and the same shall be exhibited by such registrant whenever he or she is required to do so by any police officer or by any person solicited.
SEC. 22.4-7 NOTICE REGULATING SOLICITING. Every person desiring to secure the protection intended to be provided by this Section pertaining to soliciting shall comply with the following directions, to-wit:
Notice of the determination by the occupant of the refusal of invitation to solicitors to any residence shall be given in the manner following:
A weatherproof card, no smaller than 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 words, as follows:"NO SOLICITORS INVITED"
The letters shall be at least one-third inch in height.
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.
SEC. 22.4-8 DUTY OF SOLICITORS. It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence is located to first examine the Notice provided for in SEC. 22.4-7 of this ordinance. If the Notice states "NO SOLICITORS INVITED", then the solicitor shall immediately and peacefully depart from the premises.
Any solicitor who has gained entrance to any residence shall immediately and peacefully depart from the premises when requested to do so by the occupant.
SEC. 22.4-9 PROHIBITED SOLICITING. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any 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 in defiance of the Notice exhibited at the residence in accordance with the provisions of SEC. 22.4-6 of this ordinance.
SEC. 22.4-10 SUSPENSION. Any solicitor's permit may be immediately suspended by the Chief of Police or his designee if he has reasonable cause to believe the permit holder filed a false or incomplete application, violated any provision of this Division, or any other law and such violation arises out of solicitation or other commercial activities. The Chief of Police or his designee shall immediately notify the permit holder of the suspension and the reasons therefore. The permit holder may appeal the suspension to the City Manager or his designee. The City Manager or his designee shall promptly schedule a hearing on such appeal and provide the permit holder with necessary notice. The permit holder shall have the burden of proof to show, by a preponderance of the evidence, the suspension is not justified. If the hearing officer finds in favor of the Chief of Police the permit will be revoked. If the hearing officer finds in favor of the permit holder the permit shall be reinstated. Failure to appeal the suspension is deemed an automatic suspension and revocation of the permit. All decisions of the City Manager are final and reviewable in the manner provided by law.
SEC. 22.4-11 HIGHWAY SOLICITATION. No person shall stand on a highway (the highway excludes the Parkway) for the purpose of soliciting contributions from the occupant of any vehicle, except upon the following terms and conditions:
- Solicitation on highways shall be allowed only at the following
intersections:
- The solicitor shall be soliciting for a charitable organization
registered with the Attorney General as provided in 225 ILCS
460/1 et seq. as it now stands or as hereafter amended.
- The charitable organization is engaged in a statewide fund
raising activity.
- The soliciting organization assumes liability for any injuries
to any person or property during the solicitation which is causally
related to an act of ordinary negligence of the soliciting agent.
- The solicitor or any person engaged in the act of solicitation
shall be 16 years of age or more and shall be wearing a high
visibility vest.
- The solicitor or soliciting charitable organization shall
submit proof of liability insurance in a minimum amount of three
hundred fifty thousand dollars ($350,000.00), naming the Town
of Normal, its officers and employees as additional insureds.
- Solicitation may take place from one half hour after sunrise
until one half hour before sunset.
- If Town of Normal high visibility vests are used, a deposit
shall be submitted with the application of fifteen dollars ($15.00)
per vest used.
- A completed application form shall be submitted at least
fourteen (14) days prior to the requested date of solicitation.
- No person or charitable organization shall be allowed to
solicit more than two (2) days per calendar year.
- Only one solicitation permit shall be issued for any one
calendar week (Sunday through Saturday).
- Within two weeks following the solicitation event, the permittee
shall submit evidence that 100% of the funds raised were disbursed
to the charitable organization named in the application. Failure
to provide satisfactory evidence shall be sufficient grounds
to deny any future permit requests by the named permittee.
- Clear identification at the solicitation site showing name of soliciting organization and its cause.
| Willow and School | Vernon and Grandview |
| Adelaide and Hovey | Raab and Towanda |
| College and Cottage | Linden and Shelbourne |
| (Amended 9/3/02 by Ord. No. 4809)(Amended 9/17/07 by Ord. No. 5153) | |
The City Manager shall develop forms and be responsible for issuing
permits pursuant to this Section.
(SEC. 22.4-11 added by Ord. No. 3276, 2/6/84)(SEC. 22.4-11 Amended
by Ord. No. 4446, 3/17/97)
SEC. 22.4-12 PENALTY. Any person violating any of the provisions of this Division shall upon conviction thereof, be subject to a fine or not more than $500.00 for each offense. Each day that any such violation or failure continues shall be considered as a separate, distinct offense and shall be punishable as such.
(ENTIRE DIVISION 4 OF CHAPTER 22 AMENDED 6/5/89)