Any solicitation made in person requesting an immediate donation
of money. Purchase of an item for an amount far exceeding its value,
under circumstances where a reasonable person would understand that
the purchase is in substance a donation to the seller of the item,
is a donation for the purposes of this section. Begging does not include
passively standing or sitting with a sign or other indication that
one is seeking donations, without addressing any solicitation to any
specific person other than in response to an inquiry by that person.
To use a public area for living accommodation purposes such
as, but not limited to, the following:
Sleeping, or making preparations
to sleep, including the laying down of bedding for the purpose of
sleeping;
Storing personal belongings;
Making any fire;
Using or erecting a tent, shelter,
vehicle or other structure for sleeping; or
Carrying on cooking activities.
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A person is deemed to be camping
when it reasonably appears, in the light of all the circumstances,
that the person is in fact using the area for living accommodation
purposes, regardless of the intent of the person or the nature of
any other activities in which the person may also be engaging.
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An outdoor area to which the public or a substantial group
of the public has access, and includes, but is not limited to, streets,
highways, parks, parking lots, alleyways, pedestrian ways, and the
common areas of schools, hospitals, apartment houses, office buildings,
transportation facilities, shops, and highway or utility rights-of-way.
(Ordinance 05-0621, sec. 1, adopted 6/21/05)
(a)
A person who violates any provision of this article shall be punished upon conviction by a fine not to exceed $500.00, except in the case of a violation of section 14.02.003. If a person is convicted of an offense under section 14.02.003 of this article, that person shall be punished by a fine not to exceed $2,000.00.
(b)
A separate offense shall be deemed
committed upon each day on or during which a violation occurs.
(c)
Prosecution under this article shall
not bar any other remedy or relief for the violation under state law
or under any other city ordinance.
(d)
Notwithstanding any provision above,
no penalty for a violation of this article shall be greater or less
than a penalty provided for the same or a similar offense under the
laws of this state.
(Ordinance 05-0621, sec. 6, adopted 6/21/05)
(b)
It is an affirmative defense to prosecution
under this section if the person was in a restroom.
(Ordinance 05-0621, sec. 2, adopted 6/21/05)
(a)
It is unlawful for any person to
aggressively beg or solicit money, donations of money, property, or
financial assistance of any kind in a public area. A person begs or
solicits money in an aggressive manner if it is done in any of the
following ways:
(1)
By coming within three feet of the
person solicited, until that person has indicated that he does wish
to make a donation;
(2)
By blocking the path or interfering
with passage of the person solicited along a sidewalk or street;
(3)
By following a person who walks away
from the beggar or solicitor;
(4)
By using profane or abusive language,
either during the solicitation or following a refusal; or
(5)
By any statement, gesture, or other
communication which a reasonable person in the situation would perceive
to be a threat.
(b)
It is unlawful for any person to
beg or solicit money, donations of money, property, or financial assistance
of any kind when the person solicited is:
(c)
It is unlawful for any person to
beg or solicit money, donations of money, property, or financial assistance
of any kind in a public area between sunset and sunrise.
(d)
It is unlawful for any person to
knowingly make a false or misleading representation in the course
of soliciting a donation. False or misleading representations include,
but are not limited to, the following:
(1)
Stating that the donation is needed
to meet a specific need, when the solicitor already has sufficient
funds to meet that need and does not disclose that fact;
(2)
Stating that the donation is needed
to meet a need which does not exist;
(3)
Stating that the solicitor is from
out of town and stranded, when that is not true;
(4)
Wearing a military uniform or other
indication of military service, when the solicitor is neither a present
nor former member of the service indicated;
(5)
Wearing or displaying an indication
of physical disability, when the solicitor does not have the disability
indicated;
(6)
Use of any makeup or device to simulate
any deformity; or
(7)
Stating that the solicitor is homeless,
when that is not true.
(Ordinance 05-0621, sec. 3, adopted 6/21/05)
(a)
Except in areas designated by official
signs for camping purposes, it is unlawful to camp in any public area.
(b)
Any personal property, tent, shelter,
vehicle or other structure found in a public area in violation of
this section may be removed by a police officer or park ranger and
stored at the owner’s expense.
(c)
It is an affirmative defense to prosecution
under this section if the person owns the property, or has secured
the written permission of the property owner to camp on the property.
(Ordinance 05-0621, sec. 4, adopted 6/21/05)
(a)
The prohibition on soliciting from a vehicle in a street in section 14.02.004 does not apply to a person soliciting contributions for a charitable organization which has been issued a permit under this section and who is in compliance with all other provisions of this section.
(b)
Charitable organization.
Contribution.
In this section:
An entity that the United States Internal Revenue Service
recognizes to be a charitable organization.
Currency, coin, or check.
(c)
In order to solicit contributions
while standing in a public street or highway, a charitable organization
must comply with the following requirements:
(1)
Not less than 30 days prior to the
date desired for soliciting, submit a complete application to the
city secretary for a charitable solicitation permit. The city manager
shall prescribe a form for this purpose. The form shall require the
charitable organization to provide its full name, a point of contact
for the organization (meaning the name and phone number of the individual
seeking the permit for the organization), the desired date(s) and
specific location(s) (which must be an intersection equipped with
a traffic-control signal light) for soliciting, the name, address,
phone number and age of each individual who may solicit contributions
on behalf of the organization, and an agreement by the organization
indemnifying the city and holding the city harmless from any and all
claims, suits, demands, damages, and attorney fees arising out of
or related to the acts or omissions of persons soliciting for the
organization. The form may require further information that is reasonably
necessary to the direct enforcement of this section and the purposes
of this article.
(2)
At the time of submitting a completed
application, the organization shall also submit the following, and
failure to do so renders the application incomplete:
(A)
An application fee as
established by the city council. This fee will be used to defray the
city’s costs of processing the application and compliance monitoring
on the street. This fee is nonrefundable, unless the permit is denied.
(B)
Written proof of liability
insurance in the amount of at least $500,000.00 per occurrence. The
insurance must not have a deductible in excess of $250.00 per occurrence.
The policy must include the city as an additional insured and must
specify that the insurance is primary over any insurance carried by
the city. The insurance policy must be issued by a company authorized
by the state department of insurance to do business in the state,
and have an effective date that covers the proposed date(s) of soliciting.
(C)
Written proof that the
organization is a charitable organization, along with a copy of the
organization’s creation documentation (or, if a foreign organization,
then a copy of its certificate of authority to do business in the
state).
(3)
No more than one permit per calendar
year may be issued to an organization. For purposes of this subsection,
local chapters of a state, national or international organization
are deemed separate organizations, but committees or other subdivisions
of an organization are not so deemed.
(4)
Street soliciting under a permit
shall be authorized for no more than three consecutive calendar days,
and shall be limited to the period of 9:00 a.m. to one hour prior
to sunset, at the approved location(s) specified in the application.
(5)
A solicitation permit shall be issued
only for soliciting within 100 feet of an intersection equipped with
a traffic-control signal light.
(d)
The city secretary shall not issue
an organization a permit for a given date(s) or location(s) if a permit
has already been issued to another organization for such date(s) and
location(s).
(e)
The city secretary shall grant or deny a permit solely on the basis of the requirements stated in subsections (c) and (d) above. The city secretary or designee shall advise the organization’s point of contact of the decision to grant or deny the permit not later than the tenth day after the date of receiving the completed application and all required attachments.
(f)
If a permit is granted, it shall
state the name of the organization, the names of persons who will
be soliciting contributions for the organization, and the approved
date(s) and location(s). The organization shall, at its expense, make
sufficient copies of the permit so that each person engaged in soliciting
has a copy at each approved location and shall readily present such
copy for inspection upon demand by any person.
(g)
If a permit is denied, the applicant
may appeal to the city council by filing a letter with the city clerk
indicating why the decision to deny the permit was incorrect, and
why the permit should be granted. This letter must be filed no later
than three business days after the notice of denial. The city council
shall decide the matter and advise the organization’s point
of contact of the decision no later than the fifteenth day after receiving
the appeal letter. The city council’s decision is final.
(h)
A person soliciting or attempting
to solicit a charitable contribution commits an offense if the person
violates any of the following requirements:
(1)
The person must be at least 18 years
of age.
(2)
The person must be named on the organization’s
permit.
(3)
The person must wear a reflective
orange or yellow visibility vest as an outermost garment.
(4)
The person must be in the street
or highway only when the controlling traffic signal light prohibits
vehicle movement in that lane.
(5)
The person must remain within 100
feet of or from an intersection approved in the permit.
(6)
The person must place an orange traffic-control
cone, not less than 24 inches in height, on the center stripe of each
street and highway approaching the intersection, between 100 and 150
feet from the intersection, to warn drivers of a hazard ahead.
(7)
The person must present for inspection
a copy of the permit issued to the person’s organization upon
demand by any person.
(i)
It is an offense for any person to
obstruct, tamper with, alter, cover, or post any object on or to a
traffic-control device. Traffic-control device includes, but is not
limited to, median markers, reflectors, signal-control boxes, regulatory
signs, directional signs, warning signs, and pedestrian walk lights.
(Ordinance 111018-3, sec. 1, adopted 10/18/11)
(a)
Purpose.
This article is and shall be deemed an exercise of
the police powers of the city for the public safety, comfort, convenience,
and protection of the city and the citizens thereof, and all of the
provisions of this article shall be constructed for the accomplishment
of that purpose. This article is intended to protect against criminal
activity, including fraud and burglary, minimize the unwelcome disturbance
of citizens and the disruption of privacy, and to otherwise preserve
the public health, safety and welfare by regulating, controlling and
licensing door-to-door solicitors and peddlers.
(b)
Canvasser.
(1)
(2)
Peddler.
Person.
Solicitation.
Solicitor.
In this section.
Any person who attempts to make contact with a resident at
his or her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
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
Distributing a handbill or flyer
advertising a noncommercial event or service.
Any person who goes upon the premises of any private residence
in the city, not having been invited by the occupant thereof, 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 the scheme to evade the provision
of this section. 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 a resident for purchase
at a location away from his or her residence or at a time different
from the time of visit.
A natural person or any firm, corporation, association, club,
society or other organization.
Includes all activities ordinarily perforated by a solicitor
as indicated under this subsection.
Any person who goes upon the premises of any private residence
in the city, not having been invited by the occupant thereof, 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.
(c)
Permit required.
It is unlawful for any peddler or solicitor
to engage in business within the city without first obtaining a permit
from the city secretary.
(d)
Permit exemptions.
The following are excluded from permitting
provisions of this section:
(1)
Persons who sell agricultural products
that were raised or grown themselves.
(2)
Interruption of service notices by
utility companies or governmental notices by the city.
(3)
Political speech or canvassers who
attempt only to distribute handbills or to solicit political support
or to determine opinions or sentiments.
(4)
Persons conducting solicitation activities
for a school-sponsored event or program, a sporting or cultural organization
created specifically to benefit the youth of the community, scouting
groups, or other similar organizations.
(e)
Permit–Application required.
Any peddler or solicitor desiring
to engage in activities as a peddler or solicitor within the city
must file a written application for permit with the city secretary,
which application shall give the following information:
(1)
Applicant’s name, telephone
number, address, birth date, driver’s license or state identification
card number or a social security number and an official, government-issued
picture identification card.
(2)
Provide the nature of merchandise
or services to be rendered.
(3)
For each individual involved in the
solicitation campaign: name, telephone number, address, birth date,
physical description, driver’s license or state-issued identification
card.
(4)
Description (year, make, type) and
license plate number and state of all vehicles to be used in soliciting
and peddling.
(5)
Authorization to conduct criminal
background check on the applicant and all individuals involved in
the peddling or solicitation campaign.
(6)
The names of any cities where applicant
has worked in the previous 90 days.
(7)
If the applicant is soliciting for
any commercial, charitable or political organization, the name, telephone
number, address of such organizations and contact person.
(8)
The city may request satisfactory
documentation of an individual’s authority to represent the
partnership, corporation, association or business entity.
(9)
The application must be accompanied
by a copy of a valid state sales tax certificate, if applicable.
(10)
Information provided by the applicant
in accordance with the provisions of this section shall be subject
to verification by the city secretary and the city police department.
(11)
Written proof of liability insurance
in the amount of at least $500,000.00 must accompany the application.
The policy must include the city as an additional insured and must
specify that the insurance is primary over any insurance carried by
the city. The insurance policy must be issued by a company authorized
to do business in this state, and have an effective date that covers
the proposed dates of soliciting.
(f)
Permit fees.
At the time the application is filed with the city, the applicant shall pay a fee to cover the cost to the city of processing the application and investigating the facts stated therein. The permit fee shall be as provided in appendix A to this code.
(g)
Permit–Denial.
A copy of the application for permit will
be referred by the city secretary to the police chief who will undertake
an investigation of the applicant’s record and background, such
as shall be reasonably necessary to protect the public. An application
for permit under this section may be denied where:
(1)
Required application information
is incomplete, incorrect, or false.
(2)
Applicant is currently wanted on
warrant for arrest.
(3)
Applicant has been convicted of a
felony offense within the last 10 years.
(4)
A court of law has issued a valid/active
protective order against the applicant.
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After review of the permit application,
and within 10 working days of the receipt of the same, the city secretary
shall either issue a permit as provided in this article or notify
the person(s) applying in writing that the applicant is denied and
specifically identify the reason(s) why.
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(h)
Permit–Issuance and duration.
(1)
Only the solicitors or peddlers whose names are listed on the approved application may conduct business under the issued permit. If any new peddlers or solicitors join the commercial promotion after the original permit is issued, they must supply the city secretary with the information required in subsection (e). The permit shall list the name and other identifying information of the permittee and all persons who have been approved to conduct peddling or solicitation under the permit.
(2)
Each peddler or solicitor will display
or wear his/her permit where it can be seen at all times while engaging
in business in the city. Upon request or demand, the peddler or solicitor
will exhibit the permit to indicate compliance with all of the relevant
requirements of this section.
(3)
The permittee shall inform each individual
that is involved in the peddling or solicitation campaign of all requirements
of this section and applicable law and shall suspend activities by
any person who fails to comply with such requirements.
(4)
A permit shall expire at the termination
of the solicitation period specified in the permit or ninety (90)
days from the date of issuance.
(5)
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.
(i)
Permit–Revocation.
(1)
Failure to comply with any provisions
in this section shall constitute grounds for revocation of any permit
issued in accordance with the provisions of this article. The city
secretary and/or chief of police may revoke any permit upon determining
violations of this article.
(2)
Should a person have a permit revoked,
such person may appeal that action to the city manager or designated
representative by submitting a letter to the city secretary within
three (3) days of the revocation. A hearing shall be held within fifteen
(15) days of the appeal. The city manager or the designated representative
shall render a decision on the appeal within one day of the date of
the hearing. Such hearing shall be an administrative hearing. The
decision of the city manager or the designated representative shall
be final. If the revocation is sustained, the permits issued to solicitors
shall be returned or confiscated.
(j)
Hours of solicitation.
It shall be unlawful for any person,
while conducting the activities of a peddler or solicitor, whether
licensed or unlicensed, to go upon any residential premises and ring
the doorbell, knock upon the door, or create any sound in a manner
calculated to attract the attention of the occupant of the residence
for the purpose of engaging in or attempting to engage in residential,
or commercial solicitation:
(k)
Aggressive solicitation prohibited.
No person shall solicit, ask, or
beg in an aggressive manner. An offense under this section is a violation
of this ordinance and will be grounds for revocation of issued permit.
Aggressive manner shall mean any of the following:
(1)
Speaking to or following a person
asking or begging after the person has been solicited and informed
the solicitor by words or conduct that such persons does not want
to be solicited.
(2)
Intentionally touching or causing
physical contact with a person or intentionally blocking or interfering
with the safe free passage causing a pedestrian or vehicle operator
to take evasive action to avoid contact.
(3)
Using profane, offensive, or abusive
language likely to provoke a reaction.
(4)
Using violent or threatening language
or gestures toward a person solicited.
(5)
Attempting to solicit at a location
where a sign clearly indicates that solicitors or peddlers are unwelcome.
(l)
All solicitation prohibited at
specified locations.
(1)
No person, whether licensed or unlicensed,
shall solicit, ask, or beg within 30 feet of any entrance or exit
of any bank, savings and loan association, credit union, or check
cashing business during its business hours or within 30 feet of any
automated teller machine.
(2)
No person, whether licensed or unlicensed,
shall solicit, ask, or beg in any parking lot or parking structure
after dark. After dark means any time for one-half hour after sunset
to one-half hour before sunrise.
(3)
No person, whether licensed or unlicensed,
while conducting the business of a canvasser, peddler, or solicitor,
shall enter upon any residential or commercial premises in the city
where the owner, occupant or person legally in charge of the premises
has:
(A)
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; or
(B)
Filed a “no solicitation
registration form” with the city on a form furnished by the
city for that purpose. The city will maintain a “no solicitation”
list of those persons who wish to restrict solicitation on their property
by canvassers, peddlers, and solicitors. The “no solicitation”
list shall be a public document and a copy of the list shall be provided
to each recipient of a permit to engage in solicitation.
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An offense under this section is
a violation of this section and will be grounds for revocation of
issued permit.
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(m)
Violation–Penalty.
Any person violating the provisions
of this section is guilty of a class C misdemeanor and upon conviction
shall be fined not more than $500.00 for each offense. Each day a
person violates the provisions of this section shall be considered
a separate offense.
(Ordinance 111018-3, sec. 2, adopted 10/18/11)
