HomeMy WebLinkAboutORDINANCE - 3943 - 8/11/2026 - AMENDING TITLE 3, CHAPTER 8B SOLICITORSORDINANCE NO.3943
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8B, OF THE VILLAGE CODE
RELATED TO SOLICITORS FOR THE VILLAGE OF ELK GROVE VILLAGE,
ILLINOIS
WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois
provides that any municipality which has a population of more than 25,000 is a home rule unit,
and the Village of Elk Grove Village (the "Village"), Cook and DuPage Counties, Illinois, with a
population in excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of
said Section 6(a) of Article VII, may exercise any power and perform any function pertaining to
its government and affairs, including, but not limited to, the power to tax and to incur debt; and
WHEREAS, the Village Code of Elk Grove Village (the "Village Code") establishes
certain regulations regarding regulations for all solicitors in the Village; and
WHEREAS, the Mayor and Board of Trustees of the Village (the "Corporate Authorities")
are committed to protecting the health and safety of Village residents; and
WHEREAS, in support of these goals, the Corporate Authorities have determined that it
is necessary, advisable and in the best interests of the Village and its residents to amend Title 3,
Chapter 8B of the Village Code in relation to the regulation of solicitors, as set forth herein; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: The recitals set forth above and all exhibits attached to this Ordinance are
incorporated into this Section as if fully set forth herein.
Section 2: Code Section 3-813 is amended by deleting any stricken language and inserting
any underlined language, as provided for in Exhibit #L which is attached hereto and incorporated
herein.
Section 3: That the Village Clerk is authorized to publish this Ordinance in pamphlet form.
Section 4: In the event a conflict exists between the terms of this Ordinance and any other
ordinance or resolution of the Village, the terms of this Ordinance shall govern.
Section 5: This Ordinance and every provision thereof shall be considered severable. If
any word, phrase, clause, sentence, paragraph, provision, section, or part of this Ordinance is found
to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this Ordinance
not so declared void, unconstitutional, or unenforceable shall remain in full force and effect.
Section 6: This Ordinance shall be in effect ten (10) days after its passage and approval in
the manner provided by law. The provisions of the Code amended herein shall be reprinted with
the changes.
VOTE: AYES:5 NAYS:0 ABSENT:1
PASSED this 1111 day of August 2026.
APPROVED this 111h day of August 2026.
Mayor Craig B. Jo son
Village of Elk Gr, a Village
ATTEST:
nif S. hon, Village Clerk
PUBLISHED in pamphlet form this 171h day of August 2026.
EXHIBIT 1
CHAPTER 8 PEDDLERS AND SOLICITORS
ARTICLE A. PEDDLERS
SECTION:
3-8A-1: License Required
3-8A-2: Application
3-8A-3: Requirements And Restrictions
3-8A-4: Inspections
3-8A-1: LICENSE REQUIRED:
It shall be unlawful for any person to operate as a peddler, either by themself or through an
agent, employee or partner, without first having obtained a license as is herein provided. A
"peddler" shall mean any person who, going from place to place, shall sell, offer for sale,
sell and deliver, barter or exchange any goods, merchandise, article or thing in the Village.
3-8A-2: APPLICATION:
An application for a license under this Article shall be made in conformity with the general
requirements of this Code relating to applications for licenses. A peddler's application
shall specify the kind of merchandise or article to be peddled and the number of vehicles, if
any, intended to be operated by the licensee.
3-8A-3: REQUIREMENTS AND RESTRICTIONS:
A. It shall be illegal for any peddler to peddle any goods, merchandise, articles or things
other than those specified in the application.
B. No peddler shall conduct business between the hours of seven o'clock (7:00) P.M. and
nine o'clock (9:00) A.M.
C. No peddler shall conduct business on Sundays.
D. No peddler shall conduct business on any public property. No peddler shall conduct
business within residential areas of the Village.
E. It shall be unlawful for any peddler to disturb or attempt to gain entrance to any premises
which has posted a sign which states to the effect that no peddlers or no solicitors are
invited. Any peddler who has gained entrance to any premises, whether invited or not, shall
immediately and peacefully depart from the premises when requested to do so by the
owner or occupant.
3-8A-4: INSPECTIONS:
It is the responsibility of the Chief of Police to make or cause to be made such inspections
as may be necessary to ensure compliance with the provisions of this Article and all other
ordinances relating hereto.
ARTICLE B. SOLICITORS
SECTION:
3-813-1: Definitions
3-813-2: Certificate Of Registration Required; Fee
3-813-3: Application For Certificate
3-813-4: Restrictions On Issuance Of Certificate
3-813-5: Denial Or Issuance Of Certificate; Fees; Renewals; Visibility
3-813-6: Village Policy On Soliciting
3-813-7: Duty Of Solicitors
3-813-8: Uninvited Soliciting Prohibited
3-813-9: Time Limit On Soliciting
3-813-10: Revocation Of Certificate
3-813-11: On Street Solicitation
3-813-12: Halloween Solicitation
3-813-13: Penalty
3-813-1: DEFINITIONS:
When used in this Article, the following words and terms mean and include those
definitions ascribed to them in this Section:
EXEMPI30IJ C-TTOR: Anyjaemn whO is not required to ohtairLasp, Etjficate of ration as
set forth_ in this Article.
REGISTERED SOLICITOR: Any person who has obtained a valid certificate of registration as
hereinafter provided and which certificate is in the possession of the solicitor on their
person while engaged in soliciting.
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RESIDENCE: Every separate living unit occupied for residential purposes by one or more
persons contained within any type of building or structure.
SOLICITING: Any one or more of the following activities within residential areas of the
Village:
A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuff,
services of any kind, character or description whatever, for any kind of consideration
whatever; or
B. Seeking to obtain prospective customers for application or purchase of insurance of any
type, kind or character; or
C. Seekingto obtain subscriptions to books, magazines, periodicals, newspapers and
every other type or kind of publication; or
D. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for
the support or benefit of any charitable or nonprofit association, organization, corporation
or project; or
E. Seeking to sell, offer for sale, sell and deliver, barter or exchange any goods,
merchandise, article or thing.
3-813-2: CERTIFICATE OF REGISTRATION REQUIRED; FEE:
A. Every person desiring to engage in "soliciting", as herein defined, from persons or
residences within this municipality, is hereby required to make written application for a
certificate of registration as herein provided, which application must be accompanied by a
nonrefundable application fee of forty dollars ($40.00).
B.�-n
1�Ai ��8at.undewhpuodrai�g_programs for, or
er i
sponsored_ ti privat element�y ar high school or bflna id�chitdreala
or-anization including} without limitation, Boy Scoli s,Girt Scouts or Wuth spart%u nmt
required tg, t 'n a certificate stration hereunder.
2. A person a ei ghtee i s_currently_atten�_a public or private
elementary a high school and persona aQLiciting fofor household -type chorarl-iudlinM
but not limited to, snpw-ah9Veling, yard w-oCkpr babysittine outside of sch-o-Q1}hDurs if tha#
vygrkisperfo-rr about a private residence and not in connection wither
.0 she trade, or profession pf the Der -son em lg Oyl ,ettowing. or permitting
th-e- minor t4 nerfarrri#0krtivities.
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3. persons who _are not sOLICitirig finds fQr any nur 'Qse in theme Litical canvassing.
surveying, or pray l izing end who are_not_attempling toil! .Qtpromote any gQD-0Qr
serviC�s. as more fully sets. forth ' - B-1.
ALLpersons. who uglify under this exemption shall be referredQ.as exempt solicitors_fc-r.
t ham. P Qws e-of-1bizArt[(,'l-a.-
3-8B-3: APPLICATION FOR CERTIFICATE:
Application for a certificate of registration shall be made upon a form provided by the
Village Clerk and filed with such clerk. The applicant shall truthfully state in full the
information requested on the application, as follows:
A. Name and address of present place of residence and length of residence at such
address; also business address if other than residence address; also social security
number;
B. Applicant Date of Birth;
C. Physical description of the applicant;
D. Name and address of the person, firm or corporation or association whom the applicant
is employed by or represents, and the length of time of such employment or
representation;
E. Description sufficient for identification of the subject matter of the soliciting which the
applicant will engage in;
F. Period of time for which the certificate is applied;
G. The date, or approximate date, of the latest previous application for certificate under this
Article, if any;
H. Has a certificate of registration issued to the applicant under this Article ever been
revoked;
I. Has the applicant ever been convicted of a violation of any of the provisions of this Article
or the ordinance of any other Illinois municipality regulating soliciting;
J. Has the applicant ever been convicted of the commission of a felony under the laws of
the State of Illinois or any other state or federal law of the United States;
K. Is the organizationtbmziaesa.in gQoc� tom. in the ILLineis 5er, etary of.�t to •e-
M
L.i( Also, such additional information as the Chief of Police may deem necessary to
process the application. All statements made by the applicant upon the application or in
connection therewith shall be under oath.
The Village Clerk shall cause to be kept in the office of the Village Clerk an accurate record
of every application received and acted upon together with all other information and data
pertaining thereto and all certificates of registration issued under the provisions of this
Article and of the denial of applications. Applications for certificates shall be numbered in
consecutive order as filed, and every certificate issued and any renewal thereof shall be
identified with the duplicate number of the application upon which it was issued.
3-813-4: RESTRICTIONS ON ISSUANCE OF CERTIFICATE:
No certificate of registration shall be issued to any person who has been convicted of the
commission of a felony under the laws of the State of Illinois or any other state or federal
Law of the United States within five (5) years of the date of the application, nor to any
person who has been convicted of a violation of any of the provisions of this Article, nor to
any person whose certificate of registration issued hereunder has previously been revoked
as herein provided. No certificate of registration shall be issued to any person under the
age of eighteen (18).
3-813-5: DENIAL OR ISSUANCE OF CERTIFICATE; FEES; RENEWALS; VISIBILITY:
The Village Clerk, after consideration of the application and all the information obtained
relative thereto, shall deny the application if the applicant does not possess the
qualifications for such certificate as herein required and that the issuance of a certificate of
registration to the applicant would not be in accord with the intent and purpose of this
Article. Any applicant denied a certificate of registration shall not be entitled to the
nonrefundable application fee.
When the applicant is found to be fully qualified, the certificate of registration shall be
issued forthwith. The fee for the initial certificate of registration shall be forty dollars
($40.00) for a thirty (30) day period, which fee shall be payable from the application fee
previously submitted. Any individual who wishes to renew the certificate of registration for
additional thirty (30) day periods shall be required to pay a fifteen dollar ($15.00) renewal
fee for each thirty (30) day period, provided that, no certificate of registration or renewal
thereof shall be issued for more than a ninety (90) day period. The certificate of registration
shall be on the solicitor at all times while engaging in soliciting and shall be located so as to
be visible to all persons being solicited.
3-813-6: VILLAGE POLICY ON SOLICITING:
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Every person desiring to secure the protection intended to be provided by the regulations
pertaining to soliciting contained in this Article shall comply with the following directions:
Notice of the determination by the occupant or owner to refuse invitation to solicitors to
any residence shall be exhibited upon or near the main entrance door to the residence
containing applicable wording, such as "No So-lic,- tationLpr "No Solicitors Invited".
Such notice shall be of a weatherproof construction with letters at least one-third inch
(1/3") in height on sharply contrasted background and provided at the occupant's or
owner's expense.
Such notice so exhibited shall constitute sufficient warning to any solicitor that further
invasion of the property will constitute a trespass in accordance with the provisions of this
Code.
3-813-7: DUTY OF SOLICITORS:
It shall be the duty of every solicitor, upon going onto any premises in the municipalityto
first examine if notice provided for in Section 3-813-6 of this Article is attached and to be
governed bythe statement contained on such notice. If the notice states" o�i�citation".
"No Solicitors Invited" or words to that effect, then the solicitor, whether registered or not,
shall immediately and peacefully depart from the premises. Any solicitor who has gained
entrance to any residence or business, whether invited or not, shall immediately and
peacefully depart from the premises when requested to do so by the occupant.
3-813-8: UNINVITED SOLICITING PROHIBITED:
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go
upon any premises and ring the doorbell upon or near any door or create any sound in any
other 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" as
herein defined in defiance of the notice exhibited at the residence in accordance with the
provisions of Section 3-813-6 of Article.
3-813-9: TIME LIMIT ON SOLICITING:
It is hereby declared to be unlawful and, therefore, unlawful for any person, whether
registered under Article or not, to go upon any premises and ring the doorbell upon or near
any door of a residence located thereon or rap or knock upon any door or create any sound
in any other 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" as herein defined prior to nine o'clock (9:00) A.M. or after eight o'clock (8:00)
P.M. of any weekday, Monday through Saturday, or at anytime on a Sunday or on a state or
national holiday.
3-813-10: REVOCATION OF CERTIFICATE:
If the
Village e�.eiv�nuu em- s comolai�ts�o.a—s U-Qj-t r�r as u_siness tWare solicitin for.
orifa
holder via �artifica has made a false material statement in their application, or
otherwise becomes disqualified for the issuance of a certificate of registration under the
terms of Article, t�� �C�r#� h� the A--Q sty tQreVoke the ce�tifl�tate of r�gistratia_rLof
the solicitor andlor r t_any solicitors from the associated business from soli_ itin _ in
t�ViRage. Immediately upon such revocation, written notice thereof shall be given by the
Village Ito the holder of the certificate in person or by certified U.S. mail addressed to
their residence address set forth in the application.
Immediately upon the giving of such notice, the certificate of registration shall become null
and void.
3-813-11: ON STREET SOLICITATION:
A. Permit Required: It shall be unlawful for any person to publicly solicit, either in person or
by agent, upon the streets or other public places in the Village without having first secured
a permit therefor, which permit must be on the solicitor's person at all times when
solicitation occurs.
B. Application For Permit: Application for a solicitor's permit shall be made to the Village
Clerk at least one month in advance of the proposed date for the solicitation and shall set
forth the full name and address of the applicant or applicants, the day or days requested
for such permit, the specific location for which the solicitation is requested and such other
information which the Village Clerk shall deem necessary. No date will be reserved for
solicitation until all required documentation has been submitted to the Village Clerk.
C. Regulations For On Street Solicitation:
1. Solicitation on roadways within the Village shall be allowed only at intersections where
all traffic is required to come to a full stop.
2. Solicitation shall comply with the following regulations:
a. The soliciting agency shall be registered with the attorney general as a charitable
organization as provided by "an act to regulate solicitation and collection of funds for
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charitable purposes, providing for violations thereof, and making an appropriation therefor;'
being the Solicitation for Charity Act, 225 ILCS 460/0.01 et seq.
b. The soliciting agency shall be engaged in a statewide fundraising activity. "Statewide
fundraising activity" shall mean fundraising throughout the State of Illinois which occurs on
the same day or days.
c. Any person engaged in the act of solicitation shall be sixteen (16) years of age or more
and shall be wearing a high visibility vest.
3. No permit shall be issued to more than one person or agency on any given day or days,
nor shall any permit be issued for more than three (3) consecutive days.
4. No permit shall be issued to any person or agency more than once in a calendar year.
5. Solicitation shall only be permitted on Thursdays, Fridays, Saturdays or Sundays
between the hours of:
6:00 A.M. and 7:00 P.M. from May 1 through September 30 and
7:00 A.M. and 5:00 P.M. from October 1 through April 30.
6. Solicitation may be limited to one intersection on any given day or days, as determined
by the Chief of Police or their designated agent, or also in the case of the conduct of any
solicitor being deemed to be detrimental to public safety or welfare.
7. In case of an emergency or dangerous or potentially dangerous situation, the Village
shall have the authority to suspend or revoke any solicitor's permit for such period of time
as deemed necessary under the circumstances.
D. Insurance Required: Prior to the issuance of a solicitation permit, the applicant shall
provide the Village Clerk with a certificate of insurance issued by an insurance company
Licensed to do business in the State of Illinois indicating that the insurance company will
insure the solicitor and the business or organization represented by the solicitor against
any injury to any person or property during the solicitation. Such certificate of insurance
shall name the Village as an additional party insured and provide, at a minimum, the
following coverage:
1. Personal injury coverage of five hundred thousand dollars ($500,000.00) per person and
one million dollars ($1,000,000.00) per occurrence.
2. Property damage coverage of one hundred thousand dollars ($100,000.00).
3-813-12: HALLOWEEN SOLICITATION:
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A. Definition: For the purpose of this Section, "solicitation" shall mean seeking or obtaining
gifts, food, candy or contributions of money, as is customary in the celebration of
Halloween Day.
B. Soliciting Restricted: It shall be unlawful for any person, whether alone or in a group, to
conduct such solicitation as set forth in Subsection A of this Section on any day other than
October 31; provided further, that all solicitation on October 31 shall not commence prior
to three o'clock (3:00) P.M. and be terminated by eight o'clock (8:00) P.M.
3-813-13: PENALTY.
Any person who violates any of the provisions of Article shall be subject to a fine of not less
than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each
offense and a separate offense shall be deemed committed on each day on which a
violation occurs or continues to exist.
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