[Ord. No. 3351 § 1, 1-18-2016[1]]
As used in this Chapter, the following word has the meaning indicated:
PEDDLER
Peddler shall mean a person who attempts to make personal contact with a resident at his/her residence, without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service for profit to himself/herself or his/her principal, or seeks a donation for any cause of a profit-making or commercial character .
[1]
Editor's Note: After consultation with the City, Sections 610.010 through 610.150 were amended as set out below. Sections 610.160 through 610.250 were retained with no changes.
[Ord. No. 3351 § 1, 1-18-2016]
This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer. The provisions of this Chapter shall not apply to solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity in the City.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A. 
No person shall, as a peddler, attempt to make personal contact with a resident at his/her residence with prior specific invitation or appointment from the resident unless that person obtains from the Chief of Police an identification card in accordance with the provisions of this Article.
B. 
Applications for peddler's identification cards may be filled out at the Police Department on forms provided by the Police Department.
[1]
Editor's Note: The title of this Section also changed to remove references to Solicitor's and Canvassers.
[Ord. No. 3351 § 1, 1-18-2016]
The identification cards for peddlers required by this Article are in addition to and not in lieu of any business license such persons may be required to obtain under the provisions of this Code.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A. 
Five (5) working days after the application. or sooner if reasonably possible, the requested peddler's or solicitor's identification card shall be issued, unless:
1. 
The application fee is incomplete.
2. 
The required fee has not been paid.
3. 
The applicant for whom a card is requested has been convicted of any felonies or any conviction including non-felony convictions resulting from a change related to peddling or soliciting.
4. 
Any statement upon the application is false.
5. 
The applicant for who an identification card is requested has had a previous identification card revoked.
[1]
Editor's Note: The title of this Section was also changed from "Contents of Application" to "Issuance – Grounds For Denial."
[Ord. No. 3351 § 1, 1-18-2016;[1] Ord. No. 3650, 5-1-2023]
Any person desiring a peddler's identification card shall pay the applicable fee established in the City's Comprehensive Schedule of Fees.[2]
[1]
Editor's Note: The title of this Section was also changed from "Issuance of Identification Card" to "Fee."
[2]
Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.
[Ord. No. 3351 § 1, 1-18-2016[1]]
If the Chief of Police denies a peddler's or solicitor's identification card to any person, he/she shall promptly notify the applicant.
[1]
Editor's Note: The title of this Section was also changed from "Investigation" to "Notification of Denial."
[Ord. No. 3351 § 1, 1-18-2016[1]]
If an identification card is denied to an applicant the applicant may, within ten (10) days of the denial, make application to the City Clerk for a hearing thereon before the Board of Aldermen. In such cases, the hearing shall be held at the next regular meeting of the Board of Aldermen.
[1]
Editor's Note: The title of this Section was also changed from "Application Fee" to "Hearing After Denial."
[Ord. No. 3351 § 1, 1-18-2016[1]]
Each identification card shall be worn on the outer clothing of the peddler when the individual for whom it was issued is acting as a peddler so as to be reasonably visible to any person who might be approached by said peddler or solicitor.
[1]
Editor's Note: The title of this Section was also changed from "False Information" to "Display."
[Ord. No. 3351 § 1, 1-18-2016]
At the time of making application for a permit required by this Article, the applicant may be required to submit to fingerprinting by the Chief of Police.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A. 
Any identification card granted pursuant to this Article may be revoked by the Chief of Police after the finding of:
1. 
Any violation of this Article by the applicant or the person for whom the particular card was issued; or
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity; or
3. 
Conviction of a crime of moral turpitude; or
4. 
Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
The holder of such identification card may appeal such revocation as provided in Section 610.150.
[1]
Editor's Note: The title of this Section was also changed from "Fee" to "Revocation."
[Ord. No. 3351 § 1, 1-18-2016[1]]
No person having a peddler's identification card shall loan, transfer, or allow in any manner another person to use his/her card.
[1]
Editor's Note: The title of this Section was also changed from "Bond" to "Transfer."
[Ord. No. 3351 § 1, 1-18-2016[1]]
A. 
No person shall engage in acts as a peddler within the City limits except from 9:00 a.m. until 8:00 p.m. Monday through Friday and from 10:00 a.m. until 8:00 a.m. on Saturday and Sunday.
B. 
No person having a peddler's identification card shall:
1. 
Enter or remain on private property where they have reason to believe that the residents thereof have indicated the solicitor, peddler, or canvasser is not welcome.
2. 
Make an uninvited entry into a resident's home.
3. 
Refuse to discontinue their message when requested by a hearer to do so when on private property occupied by the hearer.
4. 
Enter upon any private property knowing or having reason to believe that the owner or occupants do not desire to receive messages from any solicitor, peddler, or canvasser either by a posted sign or otherwise.
[1]
Editor's Note: The title of this Section was also changed from "Hearing On Appeal" to "Prohibited Actions."
Each identification card shall be (when the individual for whom it was issued is acting as a peddler or solicitor) worn on the outer clothing of the individual, as so to be reasonably visible to any person who might be approached by said person.
A. 
In addition to the administrative revocation of an identification card, a card may be revoked for any of the following reasons:
1. 
Any violation of this Chapter by the applicant or by the person for whom the particular card was issued.
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
3. 
Conviction of any felony or a misdemeanor involving moral turpitude within the last seven (7) years.
4. 
Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 610.140 above.
Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises or his/her agent to leave the same and not return to such premises shall be deemed guilty of a misdemeanor.
It shall be unlawful for any peddler to enter upon any private premises when such premises are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect.
It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his/her goods, wares, merchandise or services for the purpose of inducing another purchase the same.
It shall be unlawful for any peddler to engage in the business of peddling within the City between the hours of one-half (½) hour before sunset and 9:00 A.M. the following morning or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.
A. 
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.
3. 
No handbill or flyer shall be left at or attached to any of the property having a "no solicitor" sign of the type described in Section 610.200.
4. 
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an identification card or other form of identification). This is for the purpose of knowing the likely identity of the perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.
A. 
No peddler, solicitor or canvasser shall:
1. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.)
2. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.
3. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
4. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
5. 
Enter upon the property of another except between the hours of one-half (½) hour before sunset and 9:00 A.M. the following morning or at any time on Sundays.
B. 
Except that the above prohibitions shall not apply when the peddler, solicitor or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
Any person violating any part of this Chapter shall have committed a trespass on such property and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.