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:
A person who undertakes to transact some business or manage
some affair for another person by the authority and on the account
of the latter.
Photographic identification permit issued by the police department
of the city.
A person who engages in canvassing activities.
The act of either (1) traveling either by foot or vehicle,
going door-to-door, house-to-house, building-to-building; or (2) occupying
space in or traveling on or through any public place in the city,
by personally contacting persons to communicate in any manner, whether
orally, by written or printed materials including, but not limited
to, handbills, leaflets, hand signing or by any other method, direct
or implied, for any purpose other than selling or taking orders for
goods, wares, merchandise or services or collecting money.
Philanthropic or other nonprofit objectives, including the
benefit of poor, needy, sick or handicapped persons; the benefit of
a patriotic or veterans’ association or organization; the benefit
of any fraternal, social or civic organization; or the benefit of
any educational institution.
An individual who seeks or acquires real property, service,
money or credit for personal, family or household purposes.
A sales transaction in which one or more of the parties is
a consumer.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any manner.
Traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building without personally contacting
persons to distribute or leave on or at each premises a handbill for
any purpose.
A consumer transaction for the purpose of goods, services,
or realty, payable in installments, or in cash, in which the merchant
engages in a personal solicitation of the sale to the consumer at
a residence, and the consumer’s agreement or offer to purchase
is given at the residence to the merchant. A home solicitation transaction
shall not include a sale made pursuant to a preexisting revolving
charge account or retail charge agreement, or a sale made pursuant
to prior negotiations between the parties at a business establishment
at a fixed location where goods or services are offered or exhibited
for sale, or a sale of realty in which transaction the purchaser is
represented by a licensed attorney or in which the transaction is
being negotiated by a licensed real estate broker.
A permit issued under the authority of this article to each
individual working under a master permit, who engages in the business
of solicitation.
A business located and operated within the corporate limits
of the city.
The permit required under the authority of this article to
engage in the business of solicitation.
A party to a consumer transaction other than the consumer.
An individual, corporation, trust, partnership, association
or other legal entity.
The police department of the city.
Any form of communication related to a political issue, a
particular candidate to a position or nonpartisan office, a political
committee, as defined by state law, or to a political party.
The use of money or property for the support of a church,
religious society or other religious sect, group, or order.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
Engaging in or attempting to engage in home solicitation
transactions. This term does not include solicitation or fundraising
of any sort by a political, religious or charitable institution or
group, unless indicated otherwise.
All persons, as well as their agents and employees, engaged
in or attempting to engage in solicitation.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
It
shall be unlawful for any person to go upon any residential premises
and ring the doorbell, or rap or 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 a home solicitation transaction without first obtaining a permit
from the city.
(b)
Each
person engaged in or attempting to engage in a home solicitation transaction
must have a permit issued under the terms of this article, and such
permit shall be personal to the applicant and shall not be reproduced,
assigned, or transferred to any other person. Any such attempted transfer
or reproduction shall render the permit void.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
The
provisions of this article shall not apply to public utility companies
or others operating under franchises granted by the city, insurance
sales people, real estate sales people, and others licensed by the
state, political groups or organizations which are subject to financial
disclosure under state or federal law.
(b)
The
provisions of this article shall not apply to commercial agents dealing
with local business establishments in the usual course of business.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
Any
person desiring to make home solicitation transactions within the
city shall make written application, on a form provided by the city,
to the police department for a master permit. The application shall
contain the following:
(1)
The name, social security number or tax identification number, date
of birth and address of the person applying and desiring to make home
solicitations;
(2)
Whether the master permit is for an individual (natural person),
a partnership, or a corporation; and
(A)
If an individual, the individual’s business or residence address
and telephone number;
(B)
If a partnership, the name of all partners, the principal business
address, and telephone number of each partner;
(C)
If a corporation, the person registering must state whether the corporation
is organized under the laws of the state or is a foreign corporation,
the mailing address, business location, telephone number, names of
all officers and directors or trustees of such corporation, and, if
a foreign corporation, the place of incorporation and registered agent
for the state;
(3)
The approximate time period within which the solicitation is to be
made, giving the date of the beginning of the solicitation and its
projected conclusion and how often the applicant will solicit in the
city during the year;
(4)
The names of other communities in the state in which the applicant
has made home solicitations during the last six months;
(5)
The nature of the merchandise to be sold or offered for sale or the
nature of the services to be furnished;
(6)
Whether such applicant, upon any order obtained, will demand, accept
or receive payment or the deposit of money in advance of final delivery;
(7)
Whether the applicant or any person employed by the applicant to
solicit, has been convicted of a felony or a misdemeanor involving
moral turpitude in the past five years;
(8)
Names, addresses, telephone numbers and social security numbers of
the adults who shall be responsible for supervising any solicitor;
(9)
Names, addresses and telephone numbers of two (2) persons as references,
excluding relatives and persons living with the applicant;
(10)
Valid state driver’s license number or a state-approved identification
card number with a photograph;
(11)
All applications shall be on a form provided by the city and shall
be sworn to or affirmed. The application shall be filed for public
inspection.
(b)
The
application must be signed by the applicant if the person is an individual;
if the person applying is a partnership, by a general partner; if
the person applying is a corporation, by an officer. The individual
signing the application will sign a statement that he has carefully
read the application and that all the information contained therein
is true and correct upon penalty of perjury.
(c)
If
a person applying for a master permit intends to contract with, employ
or otherwise retain individuals to engage in solicitations, the person
must identify all such individuals, along with their addresses and
telephone numbers, and obtain an individual permit for each such individual.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
The
police department is authorized to investigate the affairs of any
person soliciting either before or after the filing of an application
for a permit for solicitation.
(b)
The
police department may deny a permit to any applicant for good cause,
which shall include, but is not limited to, the following:
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
Each holder of a master permit requiring cash deposits or taking
orders on delivery purchases (COD) or who requires 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
the city a bond in the amount of $5,000.00 by the master permit holder
as principal, and by a security company authorized and licensed to
do business in the state.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
Any person aggrieved or damaged by the action of a solicitor shall have the right of acting on the bond set forth in section 4.03.006 for recovery of money or damages, or both.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
A nonrefundable fee, as provided for in the fee schedule found in appendix A of this code, for investigation and administration of the application shall be charged. Such fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant, regardless of whether a permit is issued. All fees are subject to change upon resolution of the city council.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
After review of a permit application to determine its compliance
with this article, and within ten (10) working days of the receipt
of the same, the police department shall either issue a master permit,
and any associated individual permits, in the form of a badge, or
notify the person applying that the application does not comply with
this article, and specifically point out what information or explanation
has not been furnished that is required before a permit can be issued.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
Upon issuance of the badge by the police department, the following
requirements shall apply:
(1)
The
badge issued shall be in such form and requirement so as to fully
identify the person soliciting and will bear a photographic likeness
of the solicitor and shall contain an expiration date.
(2)
The
badge shall be valid only for the person to whom it is issued (nontransferable).
Each solicitor is also required to carry a state-approved picture
identification card or a state driver’s license as proof of
identification.
(3)
The
badge issued shall be carried/displayed by the solicitor in plain
sight while he is engaged in soliciting.
(4)
The
badge is and shall remain the property of the city and may be revoked
and required to be surrendered at any time for any false or misleading
information on the permit application, for violation of any city ordinance,
including the provisions set forth in this article, and for violation
of any state or federal law.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
Every
solicitor shall identify himself as a solicitor upon approaching a
citizen at a residence and explain his purpose, whether it be direct
sales, solicitation of orders, or the demonstration of goods or merchandise,
or any combination of such purposes.
(b)
Solicitors
shall conduct solicitation activities, canvassers shall conduct canvassing
activities, and handbill distributors shall distribute handbills only
on Monday through Saturday. Solicitors, canvassers, and handbill distributors
shall not conduct solicitation or canvassing activities, or distribute
handbills: (1) before 9:00 a.m. or (2) after 9:00 p.m. or after dark
on any day, whichever is earlier. “Dark” means the time
of day identified by the United States Naval Observatory as being
the end of civil twilight on a particular day in the city.
(c)
A
person commits an offense if the person engages in solicitation activities,
canvassing activities or handbill distribution at any time on a Sunday,
New Year’s Day, July 4th, Labor Day, Thanksgiving Day, Christmas
Eve Day or Christmas Day.
(e)
A
person commits an offense if the person engages in solicitation activities
- including solicitation or fundraising activities by any institution
or group organized for a political, religious or charitable purpose,
canvassing activities, or handbill distribution at any premises with
a posted notice that such activity is not welcomed or invited. It
shall be presumed that there is notice that solicitation, canvassing
activity, or handbill distribution is not welcomed or invited when
there is exhibited in a conspicuous place on or near the main entrance
to the residence, a weatherproof sign or card containing the words
“no solicitors,” “no trespassing,” or words
of similar meaning in letters not less than two-thirds of one inch
in height.
(f)
No
person engaged as a solicitor, canvasser, or handbill distributor
shall remain or linger at a residence after having been verbally informed
by the resident that they are not welcome.
(g)
No
person may engage in solicitation activities, canvassing activities,
or handbill distribution in an aggressive or intimidating manner.
The term “aggressive or intimidating manner” means:
(h)
A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and distributes, deposits,
places, throws, scatters, or casts a handbill at a residence except
by:
(1)
Handing or transmitting the handbill directly to the owner or occupant
then present in or upon the premises; or
(2)
Without using adhesive or tape, placing or depositing the handbill
in a manner that secures the handbill and prevents it from being blown
away, except that mailboxes may not be used when the use is prohibited
by federal postal laws or regulations.
(i)
A person commits an offense if the person secures a handbill at a residence in the manner described by subsection (h)(2) of this section:
(j)
No
solicitor, or any person working on his behalf, shall shout, make
any outcry, blow a horn or whistle, ring a bell, or use any sound
device, including any loud-speaking radio or sound amplifying system,
upon any of the streets, avenues, alleys, parks or other public places
of the city, or upon any private premises of the city where sound
of sufficient volume is emitted or produced therefrom to be capable
to be plainly heard upon the streets, avenues, alleys, parks or other
places, for the purpose of attracting attention to the location or
to any goods, wares or merchandise which any person permitted pursuant
to this article proposes to sell. This subsection also prohibits the
use of any audio device for the purpose of attracting customers to
retail establishments or merchants.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
In
addition to other consumer rights to revoke an offer or to rescind
a transaction, or to any other remedy for a merchant’s breach,
the merchant shall provide to the consumer the right to cancel a home
solicitation transaction made in person in which the consideration
exceeds $5.00, until midnight of the third business day after the
day on which the consumer signs an agreement or offer to purchase
in a home solicitation transaction.
(b)
Every
merchant in a home solicitation transaction made in person in which
the consideration exceeds $5.00, shall furnish the consumer with a
fully completed receipt or copy of any contract pertaining to the
home solicitation transaction at the time of its execution, which
is in the same language as that principally used in the oral sales
presentation and which shows the date of the transaction and contains
the name, address and telephone number of the merchant, and in immediate
proximity to the space reserved in the contract for the signature
of the consumer or on the front page of the receipt if a contract
is not used, and in bold face type of a minimum size of ten points,
a statement in substantially the following form:
“You, the buyer, may cancel this transaction at any time
prior to midnight of the third business day after the date of this
transaction. See the attached notice of cancellation form for an explanation
of this right.”
(c)
A
merchant in a home solicitation transaction made in person in which
the consideration exceeds $5.00, shall furnish each consumer, at the
time he signs the home solicitation transaction contract or otherwise
agrees to buy realty, consumer goods or services from the merchant,
a completed form in duplicate, captioned “notice of cancellation,”
which shall be attached to the contract or receipt and easily detachable,
and which shall contain in bold face type of a minimum size of ten
points the following information and statements in the same language
as that used in the contract:
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Notice of Cancellation (enter date of transaction)
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You may cancel this transaction, without any penalty or obligation,
within three business days from the above date. If you cancel, any
property traded in, any payments made by you under the contract or
sale, and any negotiable instrument executed by you will be returned
within ten business days following receipt by the merchant of your
cancellation notice, and any security interest arising out of the
transaction will be canceled.
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If you cancel, you must make available to the merchant at your
residence, in substantially as good condition as when received, any
goods delivered to you under this contract or sale; or you may if
you wish, comply with the instructions of the merchant regarding the
return shipment of the goods at the merchant’s expense and risk.
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If you do not agree to return the goods to the merchant and
if the merchant does not pick them up when 20 days of the date of
your notice of cancellation, you may retain or dispose of the goods
without any further obligation.
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To cancel this transaction, mail or deliver a signed and dated
copy of this cancellation notice or any other written notice, or send
a telegram, to (name of merchant) at (address of merchant’s
place of business) not later than midnight of (date).
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I hereby cancel this transaction. (date)
(Buyer’s Signature)
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(d)
Notification
by mail shall be considered given at the time mailed as evidenced
by the postmark; notification by telegram shall be considered given
at the time filed for transmission; and notification by any other
writing shall be considered given at the time delivered to the merchant’s
designated place of business.
(e)
Before
furnishing copies of the notice of cancellation to the consumer, a
merchant shall complete both copies by entering the name of the merchant,
the address of the merchant’s place of business, the date of
the transaction, and the date, not earlier than the third business
day following the date of the transaction, by which the consumer may
give notice of cancellation.
(f)
A
merchant shall not include in any home solicitation transaction contract
or receipt any confession of judgment or any waiver of any of the
rights to which the consumer is entitled under this article including
specifically his right to cancel the transaction in accordance with
the provisions of this article.
(g)
A
merchant in a home solicitation transaction in which the consideration
exceeds $5.00, shall inform each consumer orally, at the time the
consumer signs the contract or purchases the goods or services, of
the consumer’s right to cancel.
(h)
A
merchant shall not misrepresent in any manner the consumer’s
right to cancel.
(i)
A
merchant shall honor any valid notice of cancellation by a consumer
and, within ten business days after the receipt of the notice, a merchant
shall:
(1)
Refund all payments made under the contract or sale;
(2)
Return any goods or property traded in, in substantially as good
condition as when received by the merchant;
(3)
Cancel and return any negotiable instrument executed by the consumer
in connection with the contract of sale and take any action necessary
or appropriate to terminate promptly any security interest created
in the transaction; and
(4)
Restore improvements on real property to the condition in which he
found them unless requested otherwise by the consumer.
(j)
No
merchant shall negotiate, transfer, sell or assign any note or other
evidence of indebtedness to a finance company or other third party
prior to 12:00 midnight of the fifth business day following the day
the contract was signed or the goods or services were purchased.
(k)
No
merchant shall fail, within ten business days of receipt of the consumer’s
notice of cancellation, to notify the consumer whether the licensee
intends to repossess or to abandon any shipped or delivered goods.
(l)
This
section shall not apply to a home solicitation transaction in which
the consideration does not exceed $25.00 if:
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
A
person, desiring that no merchant or other person engage in a home
solicitation, canvassing activity or handbill distribution at his
residence, shall exhibit in a conspicuous place upon or near the main
entrance to the residence, a weatherproof sign or card, not less than
three inches by four inches in size, containing the words, “no
solicitors,” “no trespassing,” or words of similar
meaning in letters not be less than two-thirds of an inch in height.
(b)
Every
merchant, canvasser, or handbill distributor upon going onto any premises
upon which a residence is located shall first examine the residence
to determine if any notice prohibiting soliciting, canvassing, or
handbill distribution is exhibited upon or near the main entrance
to the residence. If such notice is exhibited, the merchant, canvasser,
or handbill distributor shall immediately depart from the premises
without disturbing the occupant, unless the visit is the result of
a request made by the occupant.
(c)
No person shall go upon any residential premises and ring the doorbell, or rap or 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 securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, canvassing activities or handbill distribution, if a card as described in subsection (a) of this section is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is the result of a request made by the occupant.
(d)
No person, other than the occupant of the residence, shall remove, deface or render illegible, a sign or card placed by the occupant pursuant to subsection (a) of this section.
(e)
Any
merchant, canvasser, or handbill distributor who has gained entrance
to a residence, or audience with the occupant, whether invited or
not shall immediately depart from the premises without disturbing
the occupant further when requested to leave by the occupant.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
Any
permit issued under this article may be revoked by the police department
for any of the following reasons:
(1)
Fraud or misrepresentation in the application for a permit;
(2)
Fraud or misrepresentation in the course of conducting solicitation
activities;
(3)
Conducting solicitation activities contrary to the conditions of
the permit;
(4)
Conducting solicitation activities in such a manner as to create
or constitute a danger to the public health, safety or welfare.
(b)
Upon
revocation, the police department shall deliver written notice to
the permit holder stating the action taken and the reasons supporting
such action. The written notice shall be delivered to the permit holder’s
place of business or mailed to the permit holder’s last known
address. The chief of police or his designee shall have the authority
to seize any and all permit badges possessed by persons conducting
business as a solicitor while the official notification process is
underway. At such time, any and all solicitation activities conducted
under the authority of that permit shall cease.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
If the police department refuses to issue a permit, the applicant
shall have the right to appeal to the city council. Such appeal shall
be taken by filing with the city secretary within ten (10) days from
the date of the refusal. The same procedure of appeal shall apply
to a permit revoked under this article. Thereafter, the city council
shall set a reasonable time and place for a hearing on such an appeal
and notice of such hearing shall be mailed, postage prepaid, to the
permittee at his last known address at least five days prior to the
date of the hearing.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
Any person violating any of the provisions or terms of this
article shall be deemed guilty of a misdemeanor and, upon conviction
in the municipal court, be punished by a fine not to exceed
the sum of $500.00 for each offense, and each and every day
such violation shall continue be deemed to constitute a separate offense.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
(a)
It
shall be unlawful for any person to peddle, hawk, sell, solicit, distribute
or take orders for any services, wares, merchandise, or goods, including,
but not limited to, magazines, encyclopedias, tools, photographs,
flowers, candy, plants, or statues, on the streets, street rights-of-way,
or medians of the city. This prohibition shall apply to and include
any institution or group organized for a political, religious or charitable
purpose, or individuals engaging in such activities on behalf of any
such institution or group.
(b)
It
shall be unlawful for any person to ask or communicate in any such
manner, whether orally, by written and/or printed material including,
but not limited to, handbills or leaflets, hand signing or by any
other method, direct or implied, for any purpose which includes receiving
or obtaining money, alms, gifts or items of value on the streets,
street rights-of-way, or medians of the city. This prohibition shall
apply to and include any institution or group organized for a political,
religious or charitable purpose, or individuals engaging in such activities
on behalf of any such institution or group.
(c)
It
shall be unlawful for any person to operate an outdoor retail sale
or outdoor commercial promotion in the city except where such sale
or promotion is in connection with or adjacent to an existing permanent
business operated in the city except for the sale of Christmas trees
between November 15th and December 26th.
(d)
No
permit provided for herein shall be issued for selling in the above
manner.
(Ordinance 634-2016, sec. 2, adopted 4/21/16)
