This article may be known as the solicitation ordinance of the
Town.
(1971 Code, sec. 13-1)
The purpose and intent of this article is to protect against
criminal activity, including fraud and burglary, minimize the unwelcome
disturbance of citizens and the disruption of privacy, and otherwise
preserve the public health, safety and welfare by regulating, controlling
and licensing both door-to-door solicitors and peddlers, in addition
to peddling or soliciting in a public place.
(1971 Code, sec. 13-2)
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:
Includes the word “patriotic,” “philanthropic,” “social
service,” “health,” “welfare,” “benevolent,” “educational,” “civic,” “cultural”
or “fraternal,” either actual or purported.
Includes the word “alms,” “money,” “subscription”
or “property” or any donations under the guise of a loan
of money or property.
The Department of Public Safety.
The Director of Public Safety.
Includes all activities ordinarily performed by a peddler
as indicated under the definition of “peddler” in this
section.
Any person who goes upon the premises of any private residence
in the Town, not having been invited by the occupant thereof, or in
any public place, 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 as part of a
scheme to evade the provisions of this article.
A natural person or any firm, corporation, association, club,
society or other organization.
Any public street, alley, traffic island, parkway, or public
sidewalk situated within the corporate limits of the Town.
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of “solicitor” in this
section.
Any person who goes upon the premises of any private residence
in the Town, not having been invited by the occupant thereof, or in
any public place, 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 also includes any person
who, without invitation, goes upon private property to request contribution
of funds or anything of value, or sell goods or services for political,
charitable, religious, or other noncommercial purposes.
(1971 Code, sec. 13-3)
(a)
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 Town 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, a sign bearing the words “no peddlers,” “no
solicitors,” or words of similar import.
(b)
It
shall be unlawful for any person, while conducting the activities
of a peddler or solicitor, whether licensed or unlicensed, to enter
upon any private property, knock on doors or otherwise disturb persons
in their residences thirty (30) minutes after sunset of any day until
9:00 a.m. the following morning.
(c)
It
shall be unlawful for any person, while conducting activities of a
peddler or solicitor, to perform said activities on any public street,
alley, or traffic island.
(d)
It
shall be unlawful for any person to peddle or to solicit to occupants
of motor vehicles in a manner which obstructs or hinders the free
flow of motor vehicle traffic on a public street or alley.
(e)
It
shall be unlawful for any person to peddle or to solicit to a pedestrian
or other users of a public place in a manner which restricts the pedestrian’s
or user’s movements without consent, so as to interfere with
his or her liberty.
(1971 Code, sec. 13-15)
It shall be unlawful for any person eighteen (18) years of age
or older to engage in peddling or solicitation activities within the
Town without first obtaining a permit issued by the Department of
Public Safety; provided, however, that the following are exempted
from the provisions of this section:
(1)
Any
solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
(2)
Any
communication by an organization soliciting contributions solely from
persons who are members of the organization at the time of such solicitation;
(3)
Any
solicitation in the form of a collection at a regular meeting, assembly
or service of a charitable person; or
(4)
Any
solicitation for the relief of any individual specified by name at
the time of the solicitation where the solicitor represents in each
case that the entire amount collected shall be turned over to the
named beneficiary.
(1971 Code, sec. 13-4)
(a)
No
person under the age of eighteen (18) shall be permitted to engage
in peddling except as provided in this section.
(b)
A
permit shall be obtained by a sponsoring person, company or organization
for the conduct of any peddling or solicitation activities involving,
in whole or in part, a sales force of one or more persons under eighteen
(18) years of age.
(c)
The
sponsor shall be responsible for supervising and controlling the conduct
of all persons, including juveniles, peddling under the sponsor’s
permit.
(d)
The
sponsor shall provide to each individual in its sales force a badge
or other easily readable form of identification which identifies the
name of the sponsor and the name of the individual. The sponsor shall
require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
peddling or soliciting.
(e)
The
sponsor shall comply with all State and federal laws governing the
sponsor’s employ of individuals under eighteen (18) years of
age.
(1971 Code, sec. 13-5)
Every person subject to the provisions of this article shall
file with the Director of Public Safety an application in writing
on a form to be furnished by the Department, which shall provide the
following information:
(1)
Proof
of age, address and identification of the applicant, to be provided
through the applicant’s driver’s license, articles of
incorporation (for sponsors), or other legally recognized form of
identification;
(2)
A
brief description of the business or activity to be conducted;
(3)
The
hours and location for which the right to peddle or solicit is desired;
(4)
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;
(5)
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, the penalty or punishment
imposed, the date when and place where such offense occurred, and
other pertinent details thereof;
(6)
Proof
of possession of any license or permit which, under federal, State
or local laws or regulations, the applicant is required to have in
order to conduct the proposed business, or which, under any such law
or regulation, would exempt the applicant from the licensing requirements
of this article; and
(7)
Two
(2) photographs of the applicant which shall have been taken within
sixty (60) days immediately prior to the date of filing of the application.
The photographs shall measure 2" by 2" and show the head and shoulders
of the applicant in a clear and distinguishing manner.
(1971 Code, sec. 13-6)
At the time the application is filed with the Department, the
applicant shall pay, per each solicitor or peddler, a nonrefundable
permit fee to the Town to cover the cost of processing the application
and investigating the facts stated therein. Said permit fee shall
be established by resolution of the Town Council.
(1971 Code, sec. 13-7)
All solicitors requiring cash deposits or taking orders for
cash on delivery purchases (COD) or who require a contract of agreement
to finance the sale of any goods, services, or merchandise for future
delivery, or for services to be performed in the future, shall furnish
to the Department a bond in the amount of five thousand dollars ($5,000.00)
by the solicitor as principal, and by a surety company authorized
and licensed to do business in the State.
(1971 Code, sec. 13-8)
(a)
Upon
receipt of an application, the Director of Public Safety, 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 Director finds the application to be satisfactory, the Director
shall endorse his approval on the application and shall, upon payment
of the prescribed fee, deliver the required permit to the applicant.
(c)
The
permit shall show the name, address and photograph of the permittee,
the class of permit issued, 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.
(d)
A
record of all permits issued shall be maintained by the Department
for a period of two (2) years.
(1971 Code, sec. 13-9)
(a)
Upon
the Director of Public Safety’s review of the application, the
Director 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, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances,
or any violent acts against persons or property, such conviction being
entered within the five (5) years preceding the date of application;
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five (5) 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; or
(6)
The applicant has been denied a permit under this article within
the immediate past year, unless the applicant can and does show to
the satisfaction of the Director that the reasons for such earlier
denial no longer exist.
(b)
The
Director’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.
(1971 Code, sec. 13-10)
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.
(1971 Code, sec. 13-11)
At the same time the permit is issued, the Director shall issue
to each permittee a badge, which shall be worn by the permittee in
such a way as to be conspicuous at all times while the permittee is
soliciting or peddling in the Town.
(1971 Code, sec. 13-12)
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 Department employee.
(1971 Code, sec. 13-13)
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued under the provisions of
this article.
(1971 Code, sec. 13-14)
Any permit issued under this article may be revoked or suspended
by the Director of Public Safety, after notice and hearing, for any
of the following reasons:
(1)
Fraud,
misrepresentation or false statement contained in the application
for a permit;
(2)
Fraud,
misrepresentation or false statement made by the permittee in the
course of conducting solicitation or peddling activities;
(3)
Conducting
peddling or solicitation activities contrary to the provisions contained
in the permit;
(4)
Conviction
for any crime involving moral turpitude; or
(5)
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.
(1971 Code, sec. 13-16)
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 mailed, postage prepaid, to the permittee
at the address shown on the permit application or at the last known
address of the permittee.
(1971 Code, sec. 13-17)
(a)
Any
person aggrieved by the action or decision of the Director of Public
Safety 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 Town Administrator within fifteen (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 Director a written statement
setting forth the grounds for the appeal.
(c)
The
Director shall transmit the written statement to the Town Administrator
within ten (10) days of its receipt, and the Town Administrator shall
set a time and place for a hearing on the appeal.
(d)
A
hearing shall be set not later than twenty (20) 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 Town Administrator on the appeal shall be final and
binding on all parties concerned.
(1971 Code, sec. 13-18)
Any person claiming to be legally exempt from the regulations
set forth in this article, or from the payment of a permit fee, shall
cite to the Director of Public Safety the statute or other legal authority
under which exemption is claimed and shall present to the Director
proof of qualification for such exemption.
(1971 Code, sec. 13-19)
