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Information About Solicitation
Solicitation Door-to-Door Application
Sec. 9-351.- Purpose.
(a) It is the purpose of this article to protect the health and welfare of the citizens of the Village of Roselle, to ensure clear direction to the police department in the regulation of commercial and noncommercial solicitation; and to protect the First Amendment Rights of solicitors, canvassers and peddlers operating within the Village of Roselle. It is further declared to be the policy of the corporate authorities of the Village of Roselle, that the occupants of residences, commercial establishments, or industrial buildings ("premises") located within in the village, have the right to
Determine whether any solicitor, canvasser or peddler shall be invited to their respective premises, and those persons who violate the provisions of this article constitute a public and private nuisance, and a detriment to the health, safety and welfare of the residents of the Village of
Roselle.
b) The operation of any solicitor, canvasser or peddler in conformance with the terms of this article shall not be interpreted to be an endorsement of any solicitor, canvasser or peddler by the Village of Roselle, its elected officials, or employees.
(Ord. No. 2002-2946, § 1, 10-28-02)
Sec. 9-352. - Definitions.
For purposes of this article, the following words as used herein shall be construed to have the following meaning:
Premises. A premise shall mean and include every separate unit occupied for any purpose by one or more persons contained within any type of building or structure.
Solicit/solicitation. Solicit/solicitation shall mean and include any one or more of the following activities: any attempt or activity in furtherance of selling, acquiring or otherwise obtaining orders or contracts for the purchase of goods, wares, merchandise, food products, or any other property of any kind, character or description, including but not limited to, real estate and personal property of any kind or type, or services of any kind, character, or description whatsoever, for any kind of consideration whatsoever; and any activity which is carried on for the benefit of any charitable or non-profit association, organization, corporation or project or which seeks the contributions of alms, food, clothing, money, subscriptions, property or donations with or without an exchange of consideration.
(Ord. No. 2002-2946, § 1, 10-28-02)
Sec. 9-353. - Premises occupant notice prohibiting solicitation.
(a) Any citizen of the Village of Roselle desiring to prohibit solicitors, canvassers or peddlers from their premises shall: post a sign indicating that solicitors, canvassers or peddlers are prohibited from entering onto the premises; and attach the sign to the principal structure located on the premises near or at the main entrance to said structure; and the text of such sign shall be at least one-third inch in height and state "No Solicitors Invited".
(b) If the principal structure on any premises is divided into multiple premises or dwelling units, each occupant of a premise to avail themselves of this article may post a sign in conformance with the requirements of subsection (a) of this section.
(c) Signs posted as provided herein shall constitute sufficient notice to any solicitor or canvasser that
they are not permitted at or on the premises.
(Ord. No. 2002-2946, § 1, 10-28-02)
Sec. 9-354. - Duty of solicitors.
(a) It shall be the duty of every solicitor, canvasser or peddler going upon any property within in the Village of Roselle to examine the area near or on the main entrance to said building or structure to determine whether it is posted with a notice consistent with this article. If a sign is posted consistent with the terms of this article, the solicitors shall immediately and peacefully depart from the property.
(b) Not withstanding the prohibitions set forth in this article, any solicitor, canvasser or peddler who has gained entry to any premises within the village, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by any occupant thereof. Such requests shall be phrased so as to lead a reasonable person to understand that they are no longer welcome on the premises. If a solicitor, canvasser or peddler fails to comply with the requirements of this paragraph, said failure shall constitute a separate, distinct and additional act of uninvited solicitation as prohibited by this article.
(Ord. No. 2002-2946, § 1, 10-28-02)
Sec. 9-355.- Uninvited solicitation prohibited.
It shall be a violation of this article for any solicitor, canvasser or peddler to go upon any premises and ring the doorbell upon or, at or near any door or create any sound in any other manner calculated to attract the attention of the occupant in such premises for the purposes of securing an audience with the occupant thereof and engage in any solicitation as defined herein, in contravention or defiance of any notice exhibited at the premises in accordance with the provisions of this article.
(Ord. No. 2002-2946, § 1, 10-28-02) Sec. 9-356. -Time limit on soliciting.
(a) It shall be unlawful and constitute a trespass for any solicitor, canvasser or peddler to go upon any premises and ring any doorbell at, upon or near any door of any premises located thereon, or rap or knock upon any door and create any sound in any other manner calculated to attract the attention of the occupant in such premises for the purposes of securing an audience with the occupant thereof and engage in solicitation as defined herein, prior to 9:00a.m. or after 9:00 p.m. on any weekday, or prior to 10:00 a.m. or after 6:00 p.m. on any weekend day.
b) Each premises visited in violation of this section shall constitute a separate and distinct violation of this article and shall be punishable by separate fine.