The purpose of this article is to protect the citizens against
deceptive practices and fraud; to 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.
(Ordinance 804, sec. 1 (4.201),
adopted 8/9/05; 2004 Code, sec.
4.201)
In this article:
The city manager or the city manager’s designated representative.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, or booklet, or any other printed
or otherwise reproduced original or copies of any matter.
A person under the age of 18.
An organization or entity that is exempt from the payment
of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
The police chief of the city or the police chief’s
designated representative.
To sell, dispense, peddle, hawk, display, offer to sell or
solicit for sale by offering or exposing for sale any goods, wares,
merchandise or services.
Traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building personally contacting persons
to ask, barter or communicate in any manner, whether orally, by written
or printed materials, including but not limited to handbills or leaflets,
hand signing or by any other method, direct or implied, for the purpose
of selling or taking orders for goods, wares, merchandise or services
or collecting money for any purpose. The term does not include:
The activity of a salesperson with an appointment calling upon
or dealing with manufacturers, wholesalers, distributors, brokers
or retailers at their place of business or homes and in the usual
course of business;
The activity of a person acting on behalf of an organization
that is only directed at the members of the organization; or
The activity of a person collecting money or soliciting funds
only from foundations.
A person who engages in solicitation activities.
(Ordinance 804, sec. 1 (4.202),
adopted 8/9/05; 2004 Code, sec.
4.202)
(a)
A
person commits an offense if the person engages in solicitation activities
in the city without first registering with the city and obtaining
a registration certificate and city-issued identification badge from
the city manager or his/her designee.
(b)
A
registration certificate shall be valid for one (1) year following
the date of its issuance unless a shorter period is requested by the
applicant.
(c)
An
applicant for a registration certificate shall pay a nonrefundable
application fee at the time the application is submitted, and, if
required, shall submit a bond.
(d)
The amount of the nonrefundable application fee shall be as set forth in the fee schedule in appendix A of this code. If a person, firm, corporation or organization engages in solicitation activity through two or more agents, employees or volunteers the nonrefundable application fee shall be a fee for the first solicitor plus an additional nonrefundable application fee for each additional solicitor as set forth in the fee schedule in appendix A. The nonrefundable application fee shall be used for the purpose of defraying administrative expenses incident to the issuing of registration certificates and identification badges.
(e)
A
nonprofit organization or a person conducting solicitation activity
on behalf of a nonprofit organization is exempt from payment of the
application fee.
(Ordinance 804, sec. 1 (4.203),
adopted 8/9/05; 2004 Code, sec.
4.203; Ordinance adopting 2021 Code)
(a)
A
minor who conducts solicitation activities shall be sponsored or employed
by a person over the age of eighteen, a corporation, firm or organization.
The person, corporation, firm or organization that is sponsoring or
employing the minor(s) is responsible for controlling the conduct
of the minors and the minors shall be under the constant supervision
of a person eighteen (18) years of age or older.
(b)
A person, corporation, firm or organization that sponsors or employs one or more minors as solicitors may submit one (1) application and pay one nonrefundable application fee, as set forth in the fee schedule in appendix A of this code, for the registration of the minors, regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the city manager or his/her designee the name(s), date(s) of birth, address(es) and driver’s license number(s) (if applicable), and a notarized parental consent, for each minor that will be conducting solicitation activities. The parental consent form, which shall be provided by the city manager or his/her designee, shall acknowledge the release of the information set forth above and shall state that the city is authorized to photograph their minor child.
(Ordinance 804, sec. 1 (4.204),
adopted 8/9/05; 2004 Code, sec.
4.204; Ordinance adopting 2021 Code)
A person desiring to conduct solicitation activities within
the city shall make a written application on a form provided by the
city manager or his/her designee for a registration certificate. The
application shall contain or be submitted with the following information:
(1)
The
full name, date of birth, phone number and address of the applicant;
(2)
A
valid state driver’s license number or a state-approved identification
card number (the city manager or his/her designee will make a photocopy
and attach it to the application) of the applicant;
(3)
If
a vehicle or vehicles are used to conduct the solicitation activity,
a description of each vehicle, its license plate number and vehicle
identification number, and the name and license number of the driver
who will operate each vehicle;
(4)
Copies
of all such licenses and permits which, under federal, state, or local
laws or regulations, the applicant is required to have in order to
conduct the proposed solicitation;
(5)
If
the applicant is acting as an employee, agent or volunteer, the name
and physical street address (not a post office box) and telephone
number of the employer, principal or organization, with credentials
in written form establishing the relationship and authority of the
employee, agent or volunteer to act for the employer, principal or
organization;
(6)
If
applicable, the merchandise to be sold or offered for sale, and the
nature of the services to be furnished;
(7)
The
approximate time period within which the solicitation is to be made,
stating the date of the beginning of the solicitation activity, its
projected conclusion and the proposed dates and times of solicitation;
(8)
Whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and, if so, a copy of the bond required by section 4.04.006;
(9)
If
the applicant, the applicant’s employer or principal or minor
solicitor who is 17 years of age or older has pled guilty or nolo
contendere to, or has been convicted of, a felony or misdemeanor involving
fraud, deceit, or misrepresentation, within five (5) years preceding
the date of application, a description of each such conviction or
plea and the date of the offense;
(10)
If the solicitation activity is to be conducted on behalf of a nonprofit
organization, proof of such status shall be attached to the application;
(11)
If the applicant is an entity or organization that sponsors or employs minors as solicitors and is submitting one application for those minors, the information set forth in section 4.04.004(b).
(Ordinance 804, sec. 1 (4.205),
adopted 8/9/05; 2004 Code, sec.
4.205; Ordinance adopting 2021 Code)
(a)
Solicitors who require cash deposits or advance payments for future delivery of goods or for services to be performed in the future or who require an agreement to finance the sale of goods 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), signed by the applicant and a surety company authorized to do business in the state:
(1)
Conditioned upon 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
a person, firm, or corporation is engaging in solicitation activities
through one or more agents, employees, or volunteers, only one bond
is required for the activities of all the agents, employees or volunteers.
(Ordinance 804, sec. 1 (4.206),
adopted 8/9/05; 2004 Code, sec.
4.206)
(a)
Upon
receipt of an application, the city manager or his/her designee shall
review the application to ensure compliance with this article.
(b)
The
city manager or his/her designee shall authorize the registration
within thirty (30) days of receipt of the application unless:
(1)
An investigation reveals that the applicant or the applicant’s
employer, principal or organization falsified information on the application;
(2)
Within five years preceding the date of application, the applicant
or the applicant’s employer, principal or organization has plead
guilty or nolo contendere to, or has been convicted of, a felony or
misdemeanor involving fraud, deceit or misrepresentation;
(3)
A judgment based upon fraud, deceit, or misrepresentation has been
entered against the applicant or the applicant’s employer, principal
or organization within five years preceding the date of application;
(4)
The applicant provided no proof of authority to act on behalf of
the employer, principal or organization;
(5)
The type of solicitation activity requires a bond, and the applicant
or the applicant’s employer, principal or organization has not
complied with the bond requirements; or
(c)
The
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 and the applicant’s employer, principal or
organization at the address shown on the application or the last known
address. The notice of denial shall be mailed within thirty (30) days
of the receipt of the application.
(Ordinance 804, sec. 1 (4.207),
adopted 8/9/05; 2004 Code, sec.
4.207; Ordinance adopting 2021 Code)
(a)
Upon
authorization of the registration, the city manager or his/her designee
shall deliver a registration certificate and identification badge
for each solicitor, and shall forward a copy of the certificate to
the police chief.
(b)
The
registration certificate shall show:
(1)
The name and address of the solicitor;
(2)
The solicitor’s employer, principal or organization, if applicable;
(3)
The kind of goods or services to be sold or offered for sale, if
applicable;
(4)
A description and license plate number of any vehicle to be used
in carrying out the solicitation activities, if applicable;
(5)
A registration number; and
(6)
The dates of issuance and expiration of the certificate.
(c)
The
original or a copy of the registration certificate must be carried
by a solicitor while engaged in solicitation activities.
(d)
The identification badge issued by the city shall be worn by a solicitor while engaging in solicitation activities so that it may be easily read by those being solicited. Lost or damaged badges may be replaced for a nonrefundable fee as set forth in the fee schedule in appendix A of this code.
(e)
A
registration certificate and an identification badge shall be used
only by the solicitor to whom they were issued and may not be transferred
to another person.
(Ordinance 804, sec. 1 (4.208),
adopted 8/9/05; 2004 Code, sec.
4.208; Ordinance adopting 2021 Code)
(a)
A
person commits an offense if the person engages in solicitation activity
at a residence before 8:30 a.m. or after 9:00 p.m.
(b)
A
person commits an offense if the person engages in solicitation activity
at premises with a posted notice that such activity is not welcomed
or invited. It shall be presumed that there is notice that solicitation
activity is not welcomed or invited when there is exhibited in a conspicuous
place on or near the main entrance of the premises, a sign, not less
than four (4) inches by three (3) inches in size, containing the words
“No Solicitors,” “No Trespassing,” or words
of similar meaning in letters not less than two-thirds (2/3) of one
inch in height.
(c)
A person who is not the owner or tenant of a residence commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the residence pursuant to subsection (b).
(d)
A
person commits an offense if the person engages in solicitation activities
and remains or lingers on the premises after being informed by the
owner or tenant that they are not welcome.
(e)
A
person commits an offense if the person engages in solicitation activities
in an aggressive or intimidating manner. The term “aggressive
or intimidating manner” means:
(f)
A
person commits an offense if the person solicits edible merchandise
without keeping all articles for sale to the public, as well as the
wagons, vehicles, or other conveyances used in the transportation
of such merchandise, in a clean and sanitary condition.
(g)
A
person commits an offense if that person sells or offers to sell any
unsound or unwholesome merchandise or gives a false weight or measure
to such offered for sale.
(Ordinance 804, sec. 1 (4.209),
adopted 8/9/05; 2004 Code, sec.
4.209)
(a)
A
person commits an offense if the person conducts solicitation activities
from a vehicle and:
(1)
The solicitation is conducted at a location within the right-of-way
of any street or highway in the city which is designated as an arterial
or collector on the city’s thoroughfare plan; or
(2)
The person stops the vehicle within a roadway to conduct business
before the vehicle has been approached, called, or waved down by a
prospective customer.
(b)
A
person commits an offense if the person operates a vehicle from which
solicitation activities are conducted upon any street or highway within
the city in a manner that blocks or impedes access to or from any
alley, street or driveway, or impedes the flow of traffic on any public
street or highway.
(Ordinance 804, sec. 1 (4.210),
adopted 8/9/05; 2004 Code, sec.
4.210)
A registration certificate issued pursuant to this article may
be revoked or suspended by the city manager or his/her designee, 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)
Plea or conviction of a crime described in section 4.04.007(b)(2);
(4)
A judgment involving a matter described in section 4.04.007(b)(3); or
(Ordinance 804, sec. 1 (4.211),
adopted 8/9/05; 2004 Code, sec.
4.211; Ordinance adopting 2021 Code)
(a)
A
person who is denied a registration certificate or whose registration
is revoked or suspended by the city manager or his/her designee may
appeal the decision to the city council by filing notice of appeal
with the city manager or his/her designee within 15 days after the
notice of the decision is mailed to the address indicated on the application
or the last known address.
(b)
Within
10 days of the receipt of the notice of appeal, the city manager or
his/her designee shall set a time and place for a hearing on the appeal,
which shall be not later than 40 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 person
by mail, sent to the address indicated on the application or the last
known address of the appellant.
(d)
The
decision of the city council on the appeal is final. No other administrative
procedures are provided by the city.
(Ordinance 804, sec. 1 (4.212),
adopted 8/9/05; 2004 Code, sec.
4.212; Ordinance adopting 2021 Code)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 of this code. Each day a solicitor engages in solicitation activities without having obtained a registration certificate or a continuing violation occurs shall be a separate offense.
(Ordinance 804, sec. 1 (4.213),
adopted 8/9/05; 2004 Code, sec.
4.213)
