As used in this Chapter the following words have the meanings
indicated:
CANVASSER
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:
1.
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
2.
Distributing a handbill or flyer advertising a non-commercial
event or service.
PEDDLER
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. A peddler does not include a person who distributes
handbills or flyers for a commercial purpose, advertising an event,
activity, good or service that is offered to the resident for purchase
at a location away from the residence or at a time different from
the time of visit. Such a person is a solicitor.
SOLICITOR
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:
1.
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, even if incidental to
such purpose there is the sale of some good or service; or
2.
Distributing a handbill or flyer advertising a commercial event
or service.
No person shall act as a peddler or as a solicitor within the
City without first obtaining an identification card in accordance
with this Chapter. A canvasser is not required to have an identification
card, but any canvasser wanting an identification card for the purpose
of reassuring City residents of the canvasser's good faith shall
be issued one upon request. An identification card issued under this
Chapter is not transferable or assignable.
The identification cards for peddlers and solicitors required
by this Chapter 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.
Any person or organization (formal or informal) may apply for
one (1) or more identification cards by completing an application
form at the office of the City Clerk, during regular office hours.
During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the two (2) business days provided in Section
615.070, the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. [If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvassers will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.]
If the City Clerk denies (or upon completion of an investigation
revokes) the identification card to one (1) or more persons she shall
immediately convey the decision to the applicant orally and shall
within two (2) business days after the denial prepare a written report
of the reason for the denial which shall be immediately made available
to the applicant. Upon receipt of the oral (or written) notification,
and even before the preparation of the written report, the applicant
has the right of an appeal of the denial of his or her application
before the Mayor upon reasonable notice.
Each identification card shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) carried at all
times and made visible to any person who might be approached by said
person.
Subject to the payment of any applicable fees as provided in Section
615.050, an identification card shall be valid within the meaning of this Chapter for a period of six months from its date of issuance.
It is hereby declared to be the intention of the Board of Aldermen
that the sections, paragraphs, sentences, clauses, phrases and words
of this Chapter are severable, and if any section, paragraph, sentence,
clause, phrase or word(s) of this Chapter shall be declared unconstitutional
or otherwise invalid, such unconstitutionality or invalidity shall
not affect any of the remaining sections, paragraphs, sentences, clauses,
phrases and words of this Chapter since the same would have been enacted
by the Board of Aldermen without the incorporation in this Chapter
of any such unconstitutional or invalid portion of the Chapter.