unless the context requires otherwise, shall be synonymous
with a permit issued under this division.
means any firm, company, partnership, corporation, association,
club, society or other organization.
includes all activities ordinarily performed by a solicitor
as indicated under the definition of “solicitor” in this
section.
as the term is used in this division, means any person who
without permission or invitation solicits for cash or other donations
in or on the streets, public rights-of-way, sidewalks, city property
or easements or public parks or recreational areas within the city.
Solicitor includes any person who requests contributions of funds
or anything of value, or sells goods or services for political, charitable,
religious, or other noncommercial purpose.
(Ordinance 2010-386, sec. 2, adopted 8/17/10)
Any person, firm or corporation violating any provisions of this division or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provided in section 1.01.009 of this code, and each and every day or fraction of a day during which this division, or any part thereof, shall be violated shall be deemed a separate offense and punishable as such.
(Ordinance 2010-386, sec. 8, adopted 8/17/10; Ordinance adopting Code)
It shall be unlawful for any solicitor to solicit (as defined
in this division) without a permit or to solicit in violation of the
terms of this division or any permit.
(Ordinance 2010-386, sec. 3, adopted 8/17/10)
It shall be unlawful to solicit, with or without a permit, in
a manner that impedes traffic flow.
(Ordinance 2010-386, sec. 3, adopted 8/17/10)
(a)
Application; fee.
Every person subject to the provisions
of this division shall file with the city secretary an application
in writing on a form to be furnished by the city, 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 creation or incorporation as applicable, or other legally recognized
form of identification, photo identification required;
(2)
A brief description of the business or activity to be conducted;
(3)
The hours and location for which the right to solicit is desired;
(4)
If soliciting pursuant to employment, 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 authority
of the employee or agent to act for the employer or principal, as
the case may be;
(5)
A statement as to whether 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 permitting
requirements of this division;
(7)
Photograph of the applicant, which shows a clear identification of
the applicant, and which shall have been taken within one year prior
to the date of application, unless a state issued driver’s license
with expiration date on the identification; and
(b)
Reasons for denial.
The application will be reviewed
by the city secretary. The city secretary may refuse to issue a permit
to the applicant under this division for any of the following reasons:
(1)
The location and time of the solicitation would fall outside of the
times or locations permitted for solicitation by this division.
(2)
An investigation reveals that the applicant falsified information
on the application.
(3)
The applicant or the entity employing him or her or appointing him
or her as an agent has been convicted of a felony, misdemeanor or
ordinance violation involving a sex offense, trafficking in controlled
substances, fraud or misrepresentation, theft, burglary, robbery,
or any violent act against persons or property, or any crime against
the elderly.
(4)
The applicant has been denied a permit in the past 12 months, unless
the applicant can and does show to the satisfaction of the city secretary
that the reasons for such earlier denial no longer exist.
(c)
Statement of denial.
The city secretary’s denial
and the reason for denial shall be noted on the application.
(d)
Issuance.
The city secretary will issue a permit upon
approval of an application and payment. A copy will be issued to the
chief of police along with documentation.
(e)
Waiting period.
No person who has been granted a permit
may solicit until forty-eight (48) hours after the permit has been
issued.
(f)
Duration of permit; reapplication.
The permit will be
issued for a period of one (1) month and must be displayed by the
permit holder upon request. The applicant must report any changes
to the city secretary within the one-month time frame. The applicant
must reapply each month that he/she/it seeks to continue to be licensed.
(Ordinance 2010-386, sec. 5, adopted 8/17/10; Ordinance adopting Code)
The permitting requirements and the requirements related to
identification of this division shall not apply to any person:
(1)
Attempting
to enlist support for or against a particular religion, philosophy,
ideology, political party, issue, or candidate without soliciting
money therefor;
(2)
Involved
in a local school fundraiser;
(3)
Associated
with a local youth organization such as a church organization, the
Girl Scouts, the Boy Scouts or similar not-for-profit organization;
and
(4)
Distributing
handbills or flyers providing notification of a noncommercial event
or service.
(Ordinance 2010-386, sec. 6, adopted 8/17/10)
During Central Standard Time permissible solicitation hours
are from 10:00 a.m. to 5:00 p.m. and during Daylight Savings Time
permissible solicitation hours are from 10:00 a.m. to 6:00 p.m. Solicitations
may only be conducted Mondays through Saturdays, with no solicitation
permissible on Sunday.
(Ordinance 2010-386, sec. 7, adopted 8/17/10)
