Chapter 13
SOLICITORSlinklink

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3-13-1: DEFINITIONS:
3-13-2: CERTIFICATE OF REGISTRATION REQUIRED:
3-13-3: APPLICATION FOR CERTIFICATE OF REGISTRATION:
3-13-4: APPLICATION; ISSUANCE OF A CERTIFICATE OF REGISTRATION; REVIEW PROCEDURE:
3-13-5: RECORDS OF APPLICATIONS, CERTIFICATES:
3-13-6: CHARITABLE SOLICITATION; FINANCIAL DISCLOSURE:
3-13-7: NOTICE REGULATING SOLICITATION:
3-13-8: OBEDIENCE TO NOTICE ON PREMISES:
3-13-9: UNINVITED SOLICITING PROHIBITED:
3-13-10: DUTY TO LEAVE PREMISES ON REQUEST:
3-13-11: AGGRESSIVE SOLICITATION PROHIBITED:
3-13-12: HOURS, DAYS OF SOLICITATION:
3-13-13: FELONS AS SOLICITORS:
3-13-14: FRAUDULENT MISREPRESENTATION AND MISSTATEMENT PROHIBITED:
3-13-15: REVOCATION OF CERTIFICATE; REVIEW:

3-13-1: DEFINITIONS:linklink


The following words and phrases as used in this chapter shall have the following meanings, unless a different meaning is required by the context:

AGGRESSIVE SOLICITATION: A mode of prohibited solicitation hereafter defined in section 3-13-11 of this chapter.

AUTOMATED TELLER MACHINE: Any automated teller machine (ATM) hereafter defined in section 3-13-11 of this chapter.

BANK: Any bank or financial institution hereafter defined at section 3-13-11 of this chapter.

CHARITABLE ORGANIZATION: Any benevolent, philanthropic, patriotic, not for profit, religious or eleemosynary person or one purporting to be such which solicits and collects funds for charitable purposes.

CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, patriotic, not for profit, religious or eleemosynary purpose.

CHARITABLE SOLICITATION: Any request for the donation of money, property or anything of value or the pledge of a future donation of money, property or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications or brochures, upon the representation, express or implied, that the proceeds of such sale will be used for a "charitable purpose" as such term is herein defined.

COMMERCIAL SOLICITATION: Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever.

PERSON: Any individual, organization, group, association, partnership, corporation, trust or any combination thereof.

REGISTERED SOLICITOR: Any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor, conspicuously displayed on his or her person while engaged in solicitation.

SOLICITATION: Any verbal request hereafter defined at section 3-13-11 of this chapter. (Ord. 13-O-09, 4-8-2013)
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3-13-2: CERTIFICATE OF REGISTRATION REQUIRED:linklink

It shall be unlawful for any charitable organization to engage in charitable solicitation for charitable purposes, or for any person to engage in commercial solicitation within any residentially zoned district under the village of Willowbrook zoning ordinance, within the corporate limits of the village, unless such organization or person shall have first obtained a certificate of registration from the village as hereinafter provided. (Ord. 13-O-09, 4-8-2013)
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3-13-3: APPLICATION FOR CERTIFICATE OF REGISTRATION:linklink

An application for a certificate of registration shall be made upon a form provided by the village. The applicant shall be given a copy of this chapter, acknowledge its contents, and agree to comply with all its requirements. The applicant shall truthfully state in full the following information requested on the application:


(A) The names and addresses of the charitable or commercial organization(s)/person(s) and the name or names under which it/he intends to engage in solicitation.


(B) The name and address of the person to be in charge of such solicitation in the village and an address within the state where service of process may be had.


(C) The names and addresses of all persons who will engage in such solicitation in the village.


(D) An acknowledgment stating that the names and addresses of all persons who will engage in such solicitation in the village shall be verified by valid state identification with visible photo.


(E) A statement acknowledging both the identity of the soliciting organization, agency or project and that the same must be engaged in a nationwide or statewide fundraising activity when soliciting within the village.


(F) A statement of the dates and times of the day when such solicitation will occur and the geographic area within the village wherein such solicitation will be conducted at that particular time and day.


(G) A statement of the date, or approximate date, of the applicant's last previous application for a certificate of registration under this chapter, if any.


(H) A statement as to whether a certificate of registration issued to the applicant under this chapter has ever been revoked.


(I) A statement as to whether the applicant has ever been convicted of a violation of any of the provisions of this chapter, or the ordinances of any other Illinois municipality's solicitation regulations.


(J) A written statement of recent date issued by the attorney general of Illinois that the charitable organization has complied with the provisions of "an act to regulate solicitation and collection of funds for charitable purposes...", 225 Illinois Compiled Statutes 460/1 et seq., or a written statement by the attorney general of exemption under 225 Illinois Compiled Statutes 460/3 (applies only to charitable solicitation).


(K) A copy of the most recent annual report filed with the Illinois attorney general pursuant to 225 Illinois Compiled Statutes 460/4. In the event a charitable organization has not yet been required to file an annual report, a copy of the registration statement filed with the attorney general of Illinois pursuant to 225 Illinois Compiled Statutes 460/2, may be utilized (applies only to commercial solicitation).


(L) A statement by the applicant listing the names and addresses of the person(s) or organization(s) whom the applicant is employed by or represents, and the length of time of such employment or representation (applies only to commercial solicitation).


(M) A description sufficient for identification of the subject matter of the solicitation which the applicant will engage in (applies only to commercial solicitation).


(N) A statement as to whether the applicant has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state, or of a federal law of the United States (applies only to commercial solicitation).


(O) A statement by the applicant acknowledging that no person shall stand on any street, highway or roadway within the village, or on any right of way of the same for the purpose of peddling or soliciting contributions except that persons soliciting charitable contributions from the occupant of any vehicle may do so upon satisfying all requirements of this chapter.


(P) A statement by the applicant acknowledging that solicitation under this chapter shall be allowed only at intersections where all traffic is required to come to a full stop.


(Q) A statement by the applicant acknowledging that solicitation shall be limited to a specific intersection or intersections and within a one hundred foot (100') distance along each leg of the said specific intersection(s).


(R) A statement by the applicant acknowledging that the soliciting organization shall be responsible for supervising and controlling the conduct of all persons soliciting as listed on the approved application for a certificate of registration.


(S) A statement by the applicant acknowledging that all persons soliciting for the contribution of funds or anything of value on any public street shall not obstruct vehicular traffic or pedestrian traffic and shall fully comply with all local and state traffic regulations.


(T) A statement by the applicant acknowledging that all persons engaged in the act of solicitation on a roadway shall be a minimum of sixteen (16) years of age and shall wear a high visibility vest at all times. The high visibility vest shall be provided by the soliciting organization and subject to village approval. Further, said individual shall have readily visible on their person the village of Willowbrook certificate of registration identification provided by the village clerk.


(U) A statement by the applicant acknowledging that any solicitation on the roadway shall only be allowed where there is a center dividing median area separating vehicle travel lanes.


(V) A statement by the applicant acknowledging that every solicitor engaged in soliciting on any real property owned by the village or within the village and the business or organization represented by the solicitor shall be liable for all injuries to any person or property that occurs during or as a result of such solicitation and which is casually related to an act of ordinary negligence of the solicitor or the business or organization the solicitor represents.


(W) A statement by the applicant acknowledging that the certificate of registration approving its solicitation on a given intersection of a public street within the village limits shall be restricted to one soliciting organization soliciting on the public streets within the village at one time; and, that a certificate of registration approval list shall be determined by the order in which complete applications for the said certificates are filed with the village.


(X) A statement by the applicant acknowledging the following: 1) that all persons engaging in solicitation on its behalf are prohibited from engaging in any act of "aggressive solicitation" as that term is defined at section 3-13-11 of this chapter; 2) that any person who commits an act of "aggressive solicitation" prohibited by the said section 3-13-11 of this chapter shall be subject to a fine as provided in the general penalty provisions of section 1-4-1 of this code; and, 3) that any certificate of registration to engage in charitable or commercial solicitation in this village previously obtained by any registrant shall be revoked by the mayor and board of trustees upon a finding that any person soliciting on the registrant's behalf has violated the prohibition on aggressive solicitation set forth in section 3-13-11 of this chapter. (Ord. 13-O-09, 4-8-2013)

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3-13-4: APPLICATION; ISSUANCE OF A CERTIFICATE OF REGISTRATION; REVIEW PROCEDURE:linklink


(A) All applications for a certificate of registration shall be submitted to the village clerk and its contents shall be verified under oath. The village clerk shall act upon such application within five (5) business days after its receipt. No application shall be effective until acted upon by the village clerk. If the village clerk finds and determines that all the requirements of this chapter have been met, the village clerk shall issue said certificate of registration forthwith. Every person wishing to engage in charitable solicitation campaigns must make application for a certificate of registration with the village clerk or assigned designee fifteen (15) days prior to the initiation of said campaign. Upon the village clerk's issuance of a certificate of registration, all persons engaging in charitable solicitation shall have a copy of the said certificate visibly displayed on their persons at all times during such solicitation.


(B) In the case of an application for a certificate of registration to engage in charitable solicitation, the failure of an applicant to fulfill the requirements of this chapter shall be the sole basis for the denial of a certificate of registration by the village clerk. In the event that any certificate of registration to engage in charitable solicitation is denied for failure to comply with the requirements of this chapter, the village clerk shall immediately notify the applicant in writing of the reasons for said denial. If said application is not cured within ten (10) days after the date on which the village clerk denies the issuance of said certificate of registration, the village attorney shall be and is hereby authorized to apply to the circuit court of DuPage County, Illinois, or the United States district court for the northern district of Illinois for a judicial determination as to whether the charitable solicitation described in the application may be prohibited. The applicant shall be named in any action as a party defendant. The village shall assert every possible and reasonable effort to have the case heard on its merits without undue delay as soon as legally possible. If a judicial determination is not made within thirty (30) days after the date of denial, an interim certificate of registration shall be deemed issued which shall be valid until such judicial determination is made.


(C) In the case of an application for commercial solicitation, the failure of an applicant to fulfill the requirements of this chapter shall be a basis for the denial of a certificate of registration by the village clerk. In addition, no certificate of registration for commercial solicitation shall be issued to any person who has been convicted of a felony under the laws of the state of Illinois or any other state or under the 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 chapter; nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. In the event that any certificate of registration for commercial solicitation is denied for failure to comply with the requirements set forth hereinabove, the village clerk shall immediately notify the applicant in writing of the reasons for denial. If said application is not cured within ten (10) days after the date on which the village clerk denies the issuance of said certificate of registration, said application shall be null and void. (Ord. 13-O-09, 4-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892952
3-13-5: RECORDS OF APPLICATIONS, CERTIFICATES:linklink

The village clerk shall cause to be kept in her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto, all certificates of registration issued under the provisions of this chapter, and a record of the denial of any and all 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. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892953
3-13-6: CHARITABLE SOLICITATION; FINANCIAL DISCLOSURE:linklink

The charitable organization shall distribute to every person solicited, a financial statement of said charitable organization for the preceding twelve (12) months which shall include a balance sheet and statement of income and expenses clearly stating forth the following: gross receipts and gross income from all sources broken down into total receipts and income from each separate solicitation project or source; cost of administration; cost of solicitation; cost of programs designed to inform or educate the public; funds or properties transferred out of the state, with explanation as to the recipient and purpose; total net income amount for each major purpose, charitable or otherwise. Statements shall be signed by the president or other authorized officer or agent and shall be accompanied by an opinion signed by an independent certified public accountant that said financial statement fairly represents the financial operation of the charitable organization.

A copy of the annual report to the attorney general of Illinois required by 225 Illinois Compiled Statutes 460/4, may be presented in lieu of the aforementioned financial statement. For the purpose of financial statements, the definitions and standards applicable to the annual report to the attorney general as set forth in said section 460/4 shall be utilized.

In the event a charitable organization has not been established for a period of twelve (12) months, a copy of the registration statement filed with the attorney general of Illinois pursuant to 225 Illinois Compiled Statutes 460/2 may be utilized. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892954
3-13-7: NOTICE REGULATING SOLICITATION:linklink

Any person owning, occupying and/or controlling any private property within the village may post notice thereon indicating whether or not solicitors are invited at said premises. Such notice shall be given in accordance with the following requirements of this section:


(A) Private Roadway Sign Notice: In cases where the private premises to be affected by such notice are improved for use as multi-family residential dwelling buildings, accessed by vehicles over private roadways and controlled by a homeowners' association (HOA), the said association may post such sign notice at both the premises' private roadway intersection(s) with the surrounding public street system and at its private roadway intersection(s) with the premises' on site, accessory parking facilities. At such locations, said notice shall be given by means of reflective, weatherproof signs approximately eight inches by eleven and one-half inches (8" x 111/2") in size, having letters at least one inch (1") in height and displaying thereupon the following words: 1) "Only Solicitors Registered In Willowbrook Invited", or 2) "No Solicitors Invited".

Before posting any such sign notice upon the aforesaid premises, the homeowners' association thereof shall submit the following information in writing to the chief of the police department: a statement of the association's proposal to post such signs upon the premises; a specification of the number, size and location of each proposed sign; and, an exemplar of the exact words to be displayed upon every such sign. Upon the chief's receipt of this information, he or she shall then preliminarily determine and advise the association in writing whether the proposed signs satisfy the notice requirements of this subsection. Upon the association's receipt of the chief's written advice that he or she has preliminarily determined that the proposed signs satisfy said requirements, it may then post the said signs upon the premises. The preliminary determination and advice of the chief that the association's proposed signs satisfy the notice requirements of this subsection is subject to his or her subsequent inspection and determination that said signs have since been posted in accord with said requirements.


(B) Main Entry Door Sign Notice: In cases where the private premises to be affected by such notice are improved for use as multi-family residential dwelling buildings, not accessed by vehicles over private roadways and controlled by a homeowners' association (HOA), the said association may post such sign notice upon or near the main entry doors of all the said buildings located thereon. At such locations, said notice shall be given by means of weatherproof signs approximately eight inches by eleven and one-half inches (8" x 111/2") in size, having letters at least one inch (1") in height and displaying thereupon the following words: 1) "Only Solicitors Registered In Willowbrook Invited", or 2) "No Solicitors Invited".

Before posting any such sign notice upon the aforesaid premises, the homeowners' association thereof shall submit the following information in writing to the chief of the police department: a statement of the association's proposal to post such signs upon the premises; a specification of the number, size and location of each proposed sign; and, an exemplar of the exact words to be displayed upon every such sign. Upon the chief's receipt of this information, he or she shall then preliminarily determine and advise the association in writing whether the proposed signs satisfy the notice requirements of this subsection. Upon the association's receipt of the chief's written advice that he or she has preliminarily determined that the proposed signs satisfy said requirements, it may then post the said signs upon the premises. The preliminary determination and advice of the chief that the association's proposed signs satisfy the notice requirements of this subsection is subject to his or her subsequent inspection and determination that said signs have since been posted in accord with said requirements.


(C) Card Notice: In all other cases where the use and control of private premises to be affected by such notice are other than as described in subsections (A) and (B) of this section, said notice may be posted by the owner or occupant upon or near the said premises' main entry door by means of a weatherproof card approximately three inches by four inches (3" x 4") in size, having letters at least one-third inch (1/3") in height and displaying the following words: 1) "Only Solicitors Registered In Willowbrook Invited", or 2) "No Solicitors Invited". For the purpose of uniformity, the said cards shall be provided by the chief of the police department to persons requesting the same, at cost.


(D) Sufficiency Of Notice: The posting upon private property of the sign or card notices referenced hereinabove in accordance with the applicable requirements of this section shall constitute actual notification to all solicitors of the information conveyed thereupon by the person(s) owning, occupying and/or controlling said premises. (Ord. 13-O-20, 6-10-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892955
3-13-8: OBEDIENCE TO NOTICE ON PREMISES:linklink

It shall be the duty of every solicitor, upon going onto any premises in the village, to first examine the notice provided for in section 3-13-7 of this chapter if any is attached and be governed by the statements contained on the notice. If the notice states "Only Solicitors Registered In Willowbrook Invited", then the solicitor not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises; if the notice states "No Solicitors Invited", then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892956
3-13-9: UNINVITED SOLICITING PROHIBITED:linklink

It is hereby declared to be unlawful and shall constitute a nuisance for any person to remain 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 owner or occupant of such premises for the purpose of securing an audience with the owner or occupant thereof, and engage in "solicitation" as herein defined in defiance of the notice exhibited at the premises in accordance with the provisions of section 3-13-7 of this chapter. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892957
3-13-10: DUTY TO LEAVE PREMISES ON REQUEST:linklink

Any solicitor 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 occupant. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892958
3-13-11: AGGRESSIVE SOLICITATION PROHIBITED:linklink


(A) Definitions: For the purposes of this chapter the following definitions shall apply:

AGGRESSIVE SOLICITATION: Solicitation in a group of two (2) or more persons or solicitation accompanied by any of the following actions:

1. Touching another person without that person's consent;

2. Blocking the path of the person solicited or blocking that person's entrance to any building or vehicle;

3. Continuing to solicit or to request a donation from a person after that person has refused an earlier request;

4. Following or remaining alongside a person who walks away from the solicitor after being solicited;

5. Remaining alongside a person's vehicle and continuing to solicit or request a donation after that person has refused an earlier request;

6. Making any statement, gesture or other communication that would cause a reasonable person to feel threatened into making a donation; or

7. Using profane or abusive language during the solicitation or following a refusal to make a donation.

AUTOMATED TELLER MACHINE: Any automated teller machine as defined by the automated teller machine security act, 205 Illinois Compiled Statutes 695/1 et seq., as amended.

BANK: Any bank or financial institution as defined by the Illinois banking act, 205 Illinois Compiled Statutes 5/1 et seq., as amended.

SOLICITATION: A verbal request made in person upon any street, public place or park in the village for an immediate donation of money or other thing of value, including a request to purchase an item or service of little or no monetary value in circumstances where a reasonable person would understand that the purchase is in substance a donation. Solicitation does not include the act of passively standing, sitting or engaging in a musical performance or other street performance with a sign or other indication that donations are being sought, without any verbal request for a donation other than in response to an inquiry by another person. Nothing in this section shall be construed to permit any loud and raucous noise currently prohibited by title 5, chapter 3 of this code.


(B) Prohibitions: No person shall engage in aggressive solicitation. No person shall engage in solicitation when the person solicited is located:

1. Within twenty feet (20') of any automated teller machine (ATM) or entrance to a bank, other financial institution, or check cashing business; or

2. On private property, if the owner, tenant or occupant has asked the person not to solicit on the property or has posted a sign prohibiting soliciting.


(C) Penalty: It is hereby declared to be unlawful and shall constitute a nuisance for any person to engage in aggressive solicitation. Any person who commits an act prohibited by this section shall be subject to a fine as provided in the general penalty provisions of section 1-4-1 of this code. Additionally, any certificate of registration to engage in charitable or commercial solicitation in this village held by any person who commits a violation of this section shall, upon notice given, be revoked by the president and board of trustees as provided in section 3-13-15 of this chapter. (Ord. 13-O-09, 4-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892959
3-13-12: HOURS, DAYS OF SOLICITATION:linklink

No person shall engage in "solicitation" as herein defined prior to nine o'clock (9:00) A.M., or after nine o'clock (9:00) P.M. or dusk, whichever is earlier on any day; and, provided further, that no person shall engage in commercial solicitation at any time on a Sunday or any state or national holiday. All solicitation shall be prohibited from November 1 through March 31. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892960
3-13-13: FELONS AS SOLICITORS:linklink

It shall be unlawful for any person or organization to utilize as a solicitor any person who has been convicted of a felony under the laws of the state of Illinois or any other state, or under the federal law of the United States, within five (5) years of the date of the application. Every registrant pursuant to this chapter shall, as part of said registration application, stipulate that no individual employees, independent contractors, employees of independent contractors, volunteers or any other such person associated with the registrant is a convicted "sex offender" as defined by 730 Illinois Compiled Statutes 150/2 and as may similarly be applicable to any other law enforcement jurisdictions throughout the United States. Every registrant shall include the names, addresses and dates of birth for every person who will be working with them in the village for the registered purpose and shall provide an affidavit certifying that such persons, including the registrant, have not been convicted of any felony, nor convicted on two (2) or more occasions of driving under the influence of alcohol or drugs. Such certificate of registration as is required in section 3-13-3 of this chapter shall be updated whenever any change in such persons occurs for the registrant at any time during the registered year. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892961
3-13-14: FRAUDULENT MISREPRESENTATION AND MISSTATEMENT PROHIBITED:linklink

No person shall misrepresent his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception or fraud, in connection with any charitable or commercial solicitation, or in any application or report filed under this chapter. (Ord. 13-O-09, 4-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892962
3-13-15: REVOCATION OF CERTIFICATE; REVIEW:linklink


(A) The president and board of trustees shall revoke a certificate of registration for a violation of any of the regulations listed in sections 3-13-6 through 3-13-14 of this chapter. Immediately upon such revocation, written notice thereof shall be given by the village clerk to the holder of the certificate by certified or registered mail, return receipt requested. Upon receipt of said notice of revocation, all solicitation activity shall cease.


(B) In the event the president and board of trustees revoke any certificate of registration for charitable solicitation, the village shall seek a judicial determination of such action in the same manner as provided for in section 3-13-4 of this chapter. If a judicial determination is not made within thirty (30) days after the date of revocation, an interim certificate of registration shall be deemed issued which shall be valid until such judicial determination is made.


(C) In the event the president and board of trustees revoke any certificate of registration for commercial solicitation, the person aggrieved by said decision shall have the right to appeal and have a hearing before the president and board of trustees. Such appeal shall be taken by filing with the village clerk within ten (10) days after receipt of the notice of revocation, a written statement under oath setting forth specifically the grounds for appeal. The president and board of trustees shall thereupon set forth the time and a place for the hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in subsection 3-1-14(D) of this title. The decision of the president and board of trustees on such appeal shall be by a vote of a majority of all the members then holding office and shall be final. (Ord. 13-O-09, 4-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19454#s892963