This article is and shall be deemed an exercise of the police
powers of the state and 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.
(Ordinance adopting Code)
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 solicitation of money or property, for the benefit of
a charity, philanthropy, or nonprofit organization or for the poor,
underprivileged, needy, crippled, or handicapped persons; the teaching
of patriotism or assistance to veterans or veteran’s organizations;
or for existing educational institutions or for the establishment
or endowment of educational institutions.
An individual who acquires real or personal property, services,
money, or credit for personal, family, or household purposes.
Any individual, firm, company, partnership, corporation,
association, trust, society, religious sect, organization, league,
or other entity and includes any trustee, receiver, assignee, agent,
or similar representative.
An organization that is dedicated to the support of a church,
religious society, or any other religious sect, group, or order.
The area between the edge of the street pavement and the
adjacent owner’s property line.
Conduct whereby a person or their agent, member, or representative,
solicits property, financial aid, money, or any article representing
monetary value; or sells or offers to sell a product, article, service,
publication, ticket, advertisement, or subscription. Solicitation
shall include persons engaged in the delivery of handbills or circulars
door-to-door for the solicitation of money, products, services, or
other items of pecuniary value.
The portion of the street that is paved, designated, or used
for vehicular traffic, and all areas dedicated to public use for public
right-of-way purposes, which includes streets, bar ditches, medians,
alleys, and public sidewalks.
A barrier within a street or roadway to exclude vehicles,
designated for the purpose of separating or directing streams of vehicular
traffic.
(Ordinance adopting Code)
Any person violating any of the provisions or terms of this
article shall be deemed guilty of a misdemeanor and, upon conviction,
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. Allegation and evidence of a culpable
mental state is not required for proof of any offense defined by this
article.
(Ordinance adopting Code)
(a)
Permit required.
(1)
It shall be unlawful, within any residentially zoned area, for any
person to peddle, sell, solicit, canvass, or take orders for any services,
wares, merchandise, or goods, or any article of value, including,
but not limited to, plants, flowers, paintings, novelties, painting
house numbers on streets, firewood, books, magazines, photographs,
or any articles for future delivery, within the city or from door-to-door
without having first obtained a permit therefor from the city.
(2)
Each person engaged in peddling or soliciting or selling must have
a permit issued under the terms of this section, and such permit shall
be personal to the applicant and shall not be reproduced nor assigned
nor transferred to any other person. Any such attempted transfer or
reproduction shall render the permit void.
(3)
Each permit shall expire as of the date noted thereon, which date
shall be in accordance with the provisions of this article.
(4)
A permit shall not be issued to any person under 14 years of age.
(5)
Solicitation shall be deemed completed when made, regardless of whether
the person making the solicitation receives any contribution or makes
any sale.
(b)
Permit application.
Each application for a permit required
by this section shall set out the following:
(1)
Legal name of the applicant, with his/her permanent residence;
(2)
Name and address of the firm or persons he/she represents;
(3)
The names of any cities where the applicant has worked within the
previous 90 days;
(4)
Whether the applicant, or any solicitor listed in the application,
has ever been convicted of or arrested for a felony;
(5)
State driver’s license number or a state-issued identification
card number of applicant;
(6)
The kind, type and character of goods or services he proposes to
offer for sale, including the name brand, manufacturer and distributor
of goods and commodities and the name, publisher and distributor of
all books, magazines or periodicals to be offered for sale;
(7)
Any other information required by the city.
(c)
Permit attachments.
In addition, there shall be attached
to each application for a permit, the following:
(1)
Two recent passport standard photos of the applicant’s face.
(2)
A copy of a state driver’s license number or a state-issued
identification card.
(3)
A certificate or letter from the president, vice-president, general
manager, sales manager, assistant sales manager or district or area
manager of the company for which the applicant works, sells or solicits
stating that the applicant is an employee and/or agent of such company.
(4)
In the event that the applicant is an individual who is not canvassing,
selling or soliciting for any firm or company, letters of recommendation
from two citizens of the applicant’s permanent residence shall
be submitted.
(d)
Application fee.
The application fee shall be $25.00.
(e)
Investigation of applicant.
It shall be the duty of
the city secretary, or his/her authorized designee, to investigate
each applicant, and all other persons listed on the application, to
the extent allowed by law, before issuance of a permit, which investigation
may include, but is not necessarily limited to, personal interviews
with named individuals, criminal history checks, verification of references
and information contained within the application.
(f)
Issuance of permit.
It shall be the duty of the city
secretary or his/her authorized designee to issue or refuse to issue
such permit not earlier than three days nor later than one week from
the time the application is received. All the permits shall expire
within ninety (90) days from the date of issuance. The city secretary
or his/her authorized designee may refuse to grant a permit if he
discovers, in the course of his investigation, that the applicant,
or any solicitor, has committed fraud, has misrepresented, has been
convicted of a felony or a misdemeanor involving moral turpitude,
or has failed to furnish a complete application including all required
attachments.
(g)
Permit renewal.
Each permit may be renewed once for
an additional 90-day term. A renewal permit may be issued by submitting
a completed renewal application to the city for review at least fifteen
(15) days prior to the end of the original term. No renewal is available
for any solicitor added during the renewal process. The renewal permit
is subject to the same terms and conditions as the original application.
The city shall have ten (10) days to approve or deny the application
for renewal. The renewal permit shall expire within ninety (90) days
from the end of the original term. At the end of the 180-day time
period, the permit expires and a new permit must be reapplied for
under the same terms and conditions as the original application and
subject to the same fees.
(h)
Permit to be displayed.
It shall be unlawful for any
person to sell or solicit in the city without displaying the required
permit on his person, in plain view, while engaged in such soliciting
or selling.
(i)
Identify solicitor.
Every solicitor or peddler or seller
shall identify himself as a salesman upon approaching a citizen in
a public place or at a private dwelling and explain his purpose, whether
it be direct sales, solicitation or orders of the demonstration of
goods or merchandise, or any combination of purposes thereof.
(j)
Responsibility for acts of solicitors.
The recipient
of a permit or named applicant shall be responsible for the acts of
his/her authorized representatives or solicitors listed in permit
application in connection with solicitation activities. In this regard,
the recipient of the permit shall actively supervise all persons listed
in the permit application, which supervision shall include but not
be limited to remaining within the corporate city limits during all
solicitation activity and responding promptly (within ten minutes)
to calls by city representatives relative to the solicitation activity
which may include responding to an on-site complaint from a citizen.
(k)
Revocation of permit.
(1)
If, after the permit required by this section has been issued, the
city secretary, or his authorized designee, finds that the permit
was obtained by false representation in the application, or the permit
has been reproduced or transferred or assigned to another person or
the applicant has led someone to believe the permit is an endorsement
of the applicant’s product or service by the city, or in the
event of fraud or misrepresentation by the permit holder, or in the
event of conviction of the permit holder of a felony or a misdemeanor
involving moral turpitude, or in the event the permit holder has failed
to furnish the items required by this article, such permit may be
revoked by the city secretary or his authorized designee.
(2)
If a police officer has probable cause to believe that a solicitor
has engaged in prohibited conduct as defined by this article, the
officer may revoke the permit of the permit holder.
(l)
Appeal from denial or revocation of permit.
Should an
applicant be denied a permit, or have a permit revoked, he/she may
appeal that action to the city council by submitting a letter to the
city secretary within ten (10) days to complain of that action. A
hearing of the denial will then be scheduled by the city secretary
within ten days of filing the appeal. The city council will render
a decision on the appeal within ten days of such hearing. A decision
of the city council shall be final and binding.
(m)
Exemptions.
(1)
The following persons engaged in the activities set out in section
4.03.005(a)–(c) below in the city shall notify, in writing,
the city secretary or his/her authorized designee, by furnishing proof
that he/she is actually engaged in such activity in the city, namely:
(A)
Public utility companies or others operating under a franchise granted
by the city;
(B)
Insurance salesmen, real estate salesmen and others licensed by the
state which are subject to financial disclosure under state or federal
law;
(C)
Children under the age of 14 may participate in such activities to
the extent they are actively supervised by a parent or guardian.
(2)
Religious, political, or nonprofit organizations and their representatives
are exempt from the registration and permit requirements of this article.
A donation received from the distribution of handbills or pamphlets
does not affect this exemption.
(Ordinance adopting Code)
(a)
It
shall be unlawful for any person to peddle, solicit, hawk, sell or
take orders for or offer to take orders for any item or service in
the following places in the city:
(1)
On any municipal or state-owned right-of-way; or
(2)
Any residence which shall exhibit in a conspicuous place upon or
near the main entrance to the residence containing the words “No
Solicitors.” The letters shall be not less than two-thirds of
an inch in height and should be displayed on a weather proof card
not less than three inches by four inches in size.
(b)
It
shall be unlawful for any person to block or obstruct or hinder the
free flow of traffic in the lawful use of the street or free passage
of pedestrians in the lawful use of the sidewalk. No solicitations,
sales, or distribution of merchandise, products, or service shall
be offered or made to occupants of motor vehicles moving or stopped
in traffic on a public street or alley.
(c)
It
shall be unlawful for a person engaged in solicitation to:
(1)
Misrepresent the purpose of the solicitation;
(2)
Misrepresent the affiliation of those engaged in the solicitation;
(3)
Continue efforts to solicit from an individual once that individual
informs the solicitor that he does not wish to give anything to or
buy anything from that solicitor;
(4)
Represent the issuance of any permit or registration under this article
as an endorsement or recommendation of the solicitation;
(5)
Go on property upon which the owner of the property or the person
controlling the property has posted signs prohibiting solicitation;
posted “No Trespassing Signs” or open a closed gate to
enter the property;
(6)
Remain on property after the property owner, or the property owner’s
designee, representative or agent, has instructed the solicitor to
leave.
(d)
No
solicitor, or person working on his or her behalf, shall shout, make
an outcry, blow a horn or whistle, or use any sound device, including
any sound amplifying system, upon any of the streets, avenues, alleys,
parks or other public places of the city, or otherwise be in violation
of the city’s noise ordinance.
(e)
It
shall be unlawful for any person to use children 14 years of age or
younger for solicitation activities, unless otherwise expressly permitted
herein, unless such children are actively supervised by a parent,
guardian or other adult person at least 18 years of age who is registered
as provided herein. For purposes of this section, actively supervised
means that the adult person shall be within 100 feet of all children
14 years of age or younger for whom the adult person is responsible
at all times when the children are engaged in solicitation activities.
(Ordinance adopting Code)
