Section 2.21. SOLICITORS.
(1) Registration Required. It shall be unlawful for any person or organization to engage in or sponsor solicitation or employ others to engage in solicitation within the Village of River Hills without being registered for that purpose as provided herein, unless specifically exempt from the registration requirements.
[a] “Solicitor” means any individual who, for himself or herself or for any other person, organization, society, association or corporation personally attempts or distributes literature which attempts to promote any cause or conviction or who personally solicits money, services, property, or financial assistance of any kind, in either event from persons other than members of such organization, society, association or corporation.
[b] “Solicitation” means any of the activities described in subparagraph (2)[a] immediately above when engaged in within the Village of River Hills.
[c] “Clerk” shall mean the Village Clerk of the Village of River Hills.
[d] “Registrant” shall mean each individual registered by the Clerk as a solicitor.
[e] “Door to Door Activity” as used herein means the practice by an entity exempt from the registration requirements of this ordinance, and individuals acting on its behalf, of going from door to door within the Village for the purpose of personally attempting, or distributing literature which attempts to promote any cause or conviction, or for the purpose of soliciting money, services, property, or financial assistance of any kind, in either event from residents of the Village who are not members of the exempt entity.
(3) Registration Requirements.
[a] Applications to register as a solicitor shall be obtained from the Village Clerk, completed in full by the solicitor and filed with the Village Clerk. The application shall contain the names, dates of birth and addresses of all persons who shall actually perform solicitation in the Village, the name and address of the organization for which the solicitation will be performed, and a brief statement of the purpose of the solicitation. The Village Clerk shall issue a Solicitor’s Registration Identification to each person submitting a properly and truthfully completed registration application which Registration Identification shall be valid for a period of sixty (60) days from the date of issuance.
[b] The Village Clerk shall furnish a copy of each such Solicitor’s Registration Identification to the Chief of Police for the use of the police Department in identifying properly registered solicitors.
[c] Exemptions. The following entities and individuals acting on their behalf shall be exempt from the registration requirements of this ordinance:
(1) Corporations organized under the religious corporations law of the State of Wisconsin, and other religious organizations, and charities, operated, supervised, or controlled by or in connection with a religious organization.
[d] Exempt Identification.
(1) Prior to any person commencing door to door activities on behalf of any organization exempt from registration by virtue of subsection 2.21(3)[c] of this ordinance, an official of such exempt organization shall notify the Police Department in writing of the names, addresses, telephone numbers and ages of the individuals who will be performing the actual door to door activities on behalf of such exempt organization within the Village of River Hills. The Police Department shall also be advised of the approximate date and time at which the door to door activities will take place.
(2) Each individual that if performing the actual door to door activity on behalf of an organization that is exempt from registration by virtue of subsection 2.21(3)[c] of this ordinance shall have in her or his possession an identification document issued by the organization for which the door to door activities are being performed. Such individual shall produce such identification document at each residence where a call is made and shall exhibit such document to any Police Officer of the Village upon request.
[a] The fee for a Registration Identification hereunder shall be as set forth in the schedule of fees as adopted and subject to amendment from time ti time by Resolution of the Village Board per person for each member of an organization actually performing solicitation. The Resolution and the applicable schedule of fees shall be kept on file in the Office of the Village Clerk and will be posted on the village website. (Rep & Rec Ord #537, 10/16/19)
[a] Identification Required. During actual solicitation, each registered solicitor shall carry the Registration Identification signed by the Village Clerk evidencing the fact that the solicitor is registered to solicit within the Village, and produce for inspection the Registration Identification at each residence whereat solicitation is made.
[b] Hours. The practice of going from door to door within the Village of River Hills for the purpose of performing solicitation is defined in Section 2.21(2)[a] hereof as well as for the purposes defined in Section 2.21(2)[e] hereof may only take place between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday. “Solicitation” and “door to door activity” may take place at any hour and on any day by specific appointment with the owner or occupant of the premises; the burden of proving the existence of a specific appointment being upon the individual performing the activity.
[c] Prohibited Acts. No person performing solicitation or door to door activities within the Village of River Hills shall:
1. Falsely represent the uses to which funds obtained or sought will be applied or falsely represent the nature of the individual’s connection with the organization for which the activity is being performed, or make any false statements whatsoever.
2. Use or allow the use of any identification document by any persons other than the person named in such identification document.
3. Enter or remain upon any land or building of another after having been notified by the owner or occupant not to enter or remain on the premises. A person has received notice from the owner or occupant within the meaning of this Section if he or she has been notified personally, either orally or in writing, or if the land is posted. For land to be posted, a sign of at least 11 inches square must be placed in at least 2 conspicuous places. The sign shall bear the words “No Trespassing” or words of similar meaning prohibiting unauthorized entry.
(6) Record of Violations. The Chief of Police shall report to the Village Clerk all convictions for any violations of this ordinance, and the Clerk shall note any such conviction on the record of the registrant. The Clerk shall also note any complaint or report of an alleged violation made by a resident of the Village or by a Police Officer.
(7) Severability. If any of the provisions of this ordinance are invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.
(8) Penalty. Any person found guilty of a violation of this ordinance shall be subject to a forfeiture of not less than Twenty-five ($25.00) Dollars nor more than Five Hundred Dollars together with the costs of the action; and in default of payment thereof, shall be subject to imprisonment in the County Jail or House of Correction of Milwaukee County until such forfeiture and costs, together with any subsequent costs have been paid, but in any event, not to exceed thirty (30) days.