[R.O. 1994 § 610.010; Ord. No.
93-22 § 1-1, 1-25-1994; Ord. No. 2006-32, 9-12-2006]
A. For the purpose of this Chapter, there shall be no difference to
the rights, privileges and duties required of peddlers and solicitors,
except that peddlers shall be required to pay a fee for the identification
card hereinafter required.
PEDDLER
One who, for profit to himself or his/her principal, sells
any good or service, or seeks a donation for any cause of a profit-making
or commercial character.
SOLICITOR
One who solicits for a charitable, political or religious
purpose, even if incidental for such purpose there is the sale of
some good or service.
B. It shall be presumed that an individual is a peddler rather than
a solicitor. This presumption may be overcome by:
1.
A showing that donations to the organization for which one wished
to solicit is exempt from federal income taxation under Section 503
of the Internal Revenue Code of 1954;
2.
A showing that the organization for which one wished to solicit
is an organization whose primary purpose is to influence public policy.
C. "Peddler" shall be further defined as one who goes from place to
place when selling any goods and services. An example might be door-to-door
sales, whether such activity takes place in any zone within the City
is irrelevant. Peddlers are specifically prohibited from setting up
in a fixed location.
D. Notwithstanding any provision hereinabove, persons selling, delivering
or taking orders for wholesale sales or supplies to retail merchants
within the City shall not be deemed to be a peddler or solicitor within
the meaning of this Chapter.
[R.O. 1994 § 610.020; Ord. No.
93-22 § 1-2, 1-25-1994]
A. This Chapter is designed to:
1.
Prevent undue annoyance of City residents by peddlers and solicitors;
2.
Maximize the First Amendment rights of peddlers and solicitors,
as well as the right of City residents to be secure in their homes;
3.
Reduce the opportunity for crime within the City;
4.
Attempt to provide some assurance to residents of the City that
peddlers and solicitors are not burglars and criminals in disguise;
5.
Attempt to increase the physical safety of peddlers and solicitors
who go from place to place within the City.
[R.O. 1994 § 610.030; Ord. No.
93-22 § 1-3, 1-25-1994]
A. No person having a solicitor or peddler card shall:
1.
Enter or remain on private property where he/she has reason
to believe that the residents thereof have indicated the solicitor
or peddler is not welcome;
2.
Make an uninvited entry into a resident's home;
3.
Refuse to discontinue his/her 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 or peddler, either by a posted sign or otherwise.
[R.O. 1994 § 610.040; Ord. No.
93-22 § 1-4, 1-25-1994]
No person shall solicit or peddle within the corporate limits
of this City except from 8:00 A.M. to 7:00 P.M. daily.