[Adopted 4-8-1996 by Ord. No. 1603 (Ch. 13, Part 3A, of the 1997 Code of Ordinances)]
The following words, terms and phrases, and their derivations, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHARITABLE
Includes the words patriotic, philanthropic, religious, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
CONTRIBUTIONS
Includes the words alms, money, subscription, property or any donations under the guise of a loan or money or property.
PEDDLER
Any person who goes upon the premises of any private residence in the City, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and, as a separate transaction, makes deliveries to purchasers.
PEDDLING
Includes all activities ordinarily performed by a peddler, as indicated under the definition "peddler" in this section.
PERSON
A natural person or any firm, corporation, association, club, society or any other organization.
SOLICITATION
All activities ordinarily performed by a solicitor, as indicated under the definition of "solicitor" in this section.
SOLICITOR
Any person who goes upon the premises of any private residence in the City, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery, or for services to be performed in the future. This definition includes solicitation of appraisal services and solicitation of the purchase of tangible personal property. This definition does not include any person who, without invitation, goes upon private property to request contribution of funds or anything of value or to sell goods or services for political, charitable or religious purposes.
It shall be unlawful for any person to engage in peddling or solicitation activities within the City of Warren without first obtaining a permit issued by the City of Warren; provided, however, that the following are exempted from the provisions of this section:
A. 
Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made.
B. 
Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation.
C. 
Any solicitation for the benefit of a charitable, registered nonprofit organization.
Every person subject to the provisions of this article shall file with the City of Warren an application in writing on a form to be furnished by the City which shall provide the following information:
A. 
Name (including all previous names used), date of birth, social security number, local address (if any), telephone number, address and identification of the applicant, to be provided through the applicant's driver's license or other legally recognized form of identification.
B. 
A brief description of the business or activity to be conducted.
C. 
The hours and location for which the right to peddle or solicit is desired.
D. 
If employed, the name, address and telephone number of the employer or, if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be.
E. 
A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, disposition and the date when and place where such offense occurred.
F. 
A list of the last three municipalities in which the applicant has registered to solicit and has conducted solicitations.
G. 
Two photographs of the applicant, which shall have been taken within 60 days immediately prior to the date of filing of the application. The photographs shall show the head and shoulders of the applicant in a clear and distinguishing manner.
[Amended 12-8-1997 by Ord. No. 1622]
At the time the license is issued by the City, the applicant shall pay a fee to cover the cost to the City of processing the application and investigating the facts stated therein. The permit fee shall be in an amount as established from time to time by resolution of City Council.
A. 
Upon receipt of an application, the Chief of Police or authorized representative shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
B. 
If the Chief of Police finds the application to be satisfactory, the Chief shall endorse his approval or disapproval on the application and shall forward the application to the City Manager.
C. 
The City Manager shall, upon payment of the prescribed fee, approve and issue the license, except that any of the grounds set forth in § 349-30, below, shall require disapproval.
D. 
The permit shall show the name, address and photograph of the permittee, the kind of goods or services to be sold or delivered, the date of issuance and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued.
E. 
A record of all permits issued shall be maintained by the Department for a minimum period of two years.
A. 
Upon the review of the endorsement of the Chief of Police, the City Manager or his designee may refuse to issue a permit to the applicant under this article for any of the following reasons:
(1) 
The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers.
(2) 
An investigation reveals that the applicant falsified information on the application.
(3) 
The applicant has been convicted of a felony, any misdemeanor or violation of any statute involving a sex offense, trafficking in controlled substances or any violent act against persons or property, such conviction being entered within the five years preceding the date of application.
(4) 
The applicant is a person against whom a judgment based upon or a conviction for fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application.
(5) 
There is no proof as to the authority of the applicant to serve as an agent to the principal.
(6) 
The applicant has been denied a permit within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reasons for such earlier denial no longer exist.
B. 
The City Manager's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form or at the applicant's last known address.
All permits issued under the provisions of this article shall expire one year from the date of issuance, unless an earlier expiration date is noted on the permit.
Every person required to obtain a permit under the provisions of this article shall exhibit the permit when requested to do so by any prospective customer or City employee.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor, to enter upon any residential premises in the City where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises or at the entry to the principal building on the premises or at the entrance to any dwelling unit upon the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import. No peddler or solicitor shall remain upon private premises after orally being directed to leave by the owner, occupant or person in charge.
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 9:00 a.m.
Any permit issued under this article may be revoked or suspended by the City Manager, after notice and hearing, for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for a permit.
B. 
Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities.
C. 
Conducting peddling or solicitation activities contrary to the provisions contained in the permit.
D. 
Conviction for any crime involving moral turpitude.
E. 
Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under this article shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be hand delivered or mailed by first class mail to the permittee at the address shown on the permit application or at the last known address of the permittee.
A. 
Any person aggrieved by the action or decision of the City Manager to deny, suspend or revoke a permit applied for under the provisions of this article shall have the right to appeal such action or decision to the City Council within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form or to his last known address.
B. 
An appeal shall be taken by filing with the Chief of Police a written statement setting forth the grounds for the appeal.
C. 
The Chief of Police shall transmit the written statement to the City Manager within 10 days of its receipt, and the City Manager shall set a time and place for a hearing on the appeal before City Council.
D. 
A hearing shall be set not later than 45 days from the date of receipt of the appellant's written statement.
E. 
Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
F. 
The decision of the City Council on the appeal shall be final and binding on all parties concerned.
[Amended 12-8-1997 by Ord. No. 1622]
A. 
Violation of any of the provisions of this article shall be treated as a summary offense and shall, upon conviction, be punishable as a summary offense.
B. 
In addition to any criminal enforcement, the City or any individual may pursue any available civil remedies deemed appropriate and necessary.
C. 
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $200 and not to exceed $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.