(Ord. No. B-684, § 1(11-80), 7-11-2002)
The purpose of this article is to protect the citizens against
crime, including deceptive practices, fraud, and burglary, minimize
the unwelcome disturbance of citizens and the disruption of citizens'
privacy, and to preserve the public health, safety, and general welfare
by registering and regulating solicitors.
(Ord. No. B-684, § 1(11-81), 7-11-2002)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The chief of police of the city or the chief's designated
representative.
A person 18 years of age or younger.
Traveling either by foot or vehicle, going door-to-door,
house-to-house, building-to-building, or along any street in the city,
to personally contact occupants or other persons about selling or
taking orders for or offering to sell or take orders for goods or
services.
A person who engages in solicitation activities.
(Ord. No. B-684, § 1(11-90), 7-11-2002)
(a)
A solicitor
shall not engage in solicitation activities:
(1)
Between the hours of 9:00 p.m. and 9:00 a.m.;
(2)
On public property without first procuring authorization from the
city council;
(3)
At a residence or business that has a sign posted giving clear notice
that solicitors are not welcome, such as "no solicitors," or words
of similar meaning;
(4)
On Sundays, New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving
Day, Christmas Eve or Christmas Day; or
(5)
After having been verbally informed by the resident that the solicitation
is not welcome.
(b)
If
a person uses a vehicle in solicitation activities, there must be
a sign located in a conspicuous place on the vehicle, identifying
the name of the person or the company or organization that the person
represents. If the name is an individual, it must be followed by the
word "solicitor." The lettering on the sign must be at least 2½
inches high.
(Ord. No. B-684, § 1(11-93), 7-11-2002)
(a)
Except as provided by subsection (b) of this section, it shall be unlawful for any person to peddle, hawk, sell, solicit, or take orders for any services, wares, merchandise, or goods, including, but not limited to, magazines, encyclopedias, tools, photographs, flowers, candy, plants, animals, electronics, or statutes, on parking lots, streets, rights-of-way, medians, or sidewalks within the city, or any other location at which the city has not issued a certificate of occupancy for the activity conducted.
(Ord. No. B-701, § I(11-94), 7-10-2003; Ord. No. CSO#1133-09-2019, § 1, 10-7-2019)
(a)
A person
commits an offense if he or she stands on or in any manner occupies
a roadway, median, traffic island, or public right-of-way in the city
to solicit or attempt to solicit for purpose of an exchange with the
occupants of a vehicle, sell or offer for sale any merchandise or
service directly to the occupants of a vehicle, distributes or attempts
to distribute any object directly to the occupants of a vehicle, or
panhandle directly to the occupants of a vehicle.
(b)
It
is a defense to prosecution under this section that at the time of
the solicitation, offer, distribution, or panhandle the vehicle occupants
occupied a lawfully parked vehicle.
(c)
An
offense under this section occurs when the offer, solicitation, distribution
or panhandle is made regardless of whether a transaction is completed.
(Ord. No. B-684, § 1(11-82), 7-11-2002)
(a)
Except as provided by subsection (b) of this section, a person shall not engage in solicitation activities in the city without first registering with the city and obtaining a registration certificate and identification badge from the chief.
(b)
Minors
who are engaged in solicitation activities involving fundraising for
nonprofit organizations, charitable organizations, religious organizations,
civic organizations, or public or private schools or groups directly
affiliated with such schools are exempt from the provisions of this
article.
(Ord. No. B-684, § 1(11-83), 7-11-2002)
(a)
A person, company, or organization that sponsors or employs one or more minors solicitation activities other than those described in section 14-431(b), shall apply for registration with the city. The sponsor shall pay an annual fee as determined by the city council by ordinance or resolution.
(b)
The
sponsoring person, company, or organization shall:
(1)
Provide to each individual minor a badge or other easily readable
form of identification which identifies the name of the sponsor and
the name of the minor;
(2)
Require all minors to wear the identification so that it is clearly
visible at all times when the minor is engaged in solicitation activities;
and
(3)
Be responsible for supervising and controlling the conduct of all
minors engaging in solicitation activities under the sponsor's registration.
(Ord. No. B-684, § 1(11-84), 7-11-2002)
A separate application for a solicitor's registration is required
for each solicitor. An application must contain 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,
or other legally recognized form of identification;
(2)
If
the solicitor is employed by another, the name and business address
of the employer; 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;
(3)
A brief
description of the goods or services to be sold or offered for sale;
(4)
The
hours and location of the solicitation activities;
(5)
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 law or
regulation, would exempt the applicant from the registration requirements
of this article; and
(6)
Two
passport quality photographs of the applicant, measuring at least
1½ inches × two inches and showing the head and shoulders
of the applicant in a clear and distinguishing manner, which shall
have been taken within the preceding 60 days before the filing of
the application.
(Ord. No. B-684, § 1(11-85), 7-11-2002)
(a)
Solicitors requiring cash deposits or payment for future delivery or who require a contract of agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in subsection (c) of this section, signed by the applicant and surety company authorized to do business in the state, conditioned:
(1)
For the final delivery of goods or services in accordance with the
terms of any order obtained;
(2)
To indemnify purchasers for defects in material or workmanship that
may exist in the goods sold and that are discovered within 30 days
after delivery; and
(3)
For the use and benefit of persons, firms, or corporations that may
make a purchase or give an order to the principal of the bond or to
the agent or employee of the principal of the bond.
(b)
If
the applicant is a person, firm, or corporation engaging in solicitation
activities through one or more agents or employees, only one bond
is required for the activities of all the agent or employee solicitors.
(c)
The
amount of the bond is determined by the number of solicitors acting
as agents or employees of the same person, firm, or corporation as
follows:
|
1—3 solicitors
|
$3,000.00
|
|
4—6 solicitors
|
4,000.00
|
|
7 or more solicitors
|
5,000.00
|
(Ord. No. B-684, § 1(11-86), 7-11-2002)
An applicant for registration shall pay an annual fee for each
solicitor as determined by the city council by ordinance or resolution.
A solicitation registration is valid for one year.
(Ord. No. B-684, § 1(11-87), 7-11-2002)
(Ord. No. B-684, § 1(11-88), 7-11-2002)
(a)
Upon
authorization of the registration and payment of the fee, the chief
shall deliver a registration certificate and identification badge
for each registered solicitor.
(b)
The
registration certificate shall show the name, address, and photograph
of the solicitor, the kind of goods or services to be sold or offered
for sale, a description of any vehicle to be used in carrying on the
solicitation activities, the registration number, and the dates of
issuance and expiration of the certificate.
(c)
The
registration certificate must be carried by the solicitor while engaging
in solicitation activities.
(d)
While
engaging in solicitation activities, a solicitor shall wear the identification
badge so that it may be easily read by those being solicited. If a
badge becomes damaged, the solicitor shall return it to the city and
receive a replacement badge.
(e)
A registration
certificate and an identification badge shall be used only by the
person to whom they were issued and may not be transferred to another
person.
(Ord. No. B-684, § 1(11-89), 7-11-2002)
(a)
The
chief shall deny an application for registration if the chief finds
any of the following to be true:
(1)
The location, time, or manner of the solicitation activities would
interfere with the public's use of streets or endanger the safety
and welfare of the public, the solicitors or their customers.
(2)
An investigation reveals that the applicant falsified information
on the application.
(3)
Within five years preceding the date of application, the applicant
or an employee or agent of 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.
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit, or misrepresentation has been entered
within five years preceding the date of application.
(5)
The applicant provided no proof of authority to serve as agent for
the principal.
(6)
The type of solicitation activity requires a bond, and the applicant
has not complied with the bond requirements.
(7)
The applicant has been denied registration under this article within
the previous 12 months, and the applicant has not shown to the satisfaction
of the chief that the reasons for the earlier denial no longer exist.
(b)
A denial
and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant at the address shown on the application or the last
known address.
(Ord. No. B-684, § 1(11-91), 7-11-2002)
A registration certificate issued pursuant to this article may
be revoked or suspended by the chief, after notice and hearing, for
any of the following reasons:
(1)
Fraud,
misrepresentation, or false statement contained in the application
for registration;
(2)
Fraud,
misrepresentation, or false statement made by a solicitor in the course
of conducting solicitation activities;
(3)
Conducting
solicitation activities which were not described in the application;
(4)
Conviction for a crime described in section 14-438(a)(3) or (a)(4);
(6)
Conducting
solicitation activities in such a manner as to create a public nuisance,
constitute disorderly conduct, or endanger the health, safety, or
general welfare of the public.
(Ord. No. B-684, § 1(11-92), 7-11-2002)
(a)
A person
who is denied registration or whose registration is revoked or suspended
by the chief, may appeal the decision to the city manager by filing
notice of appeal with the chief within 15 days after the notice of
the decision is mailed to the address indicated on the application
or the last known address of the solicitor.
(b)
Within
ten days of the receipt of the notice of appeal, the city manager
shall set a time and place for a hearing on the appeal which shall
be not later than 30 days from the date of receipt of the notice of
appeal.
(c)
Notice
of the time and place of the hearing shall be delivered to the appellant
by mail, sent to the address indicated on the application or the last
known address of the appellant.
(d)
The
decision of the city manager on the appeal is final. No other administrative
procedures are provided by the city.
