Peddler.
Any person who engages in commercial activities within the city limits to sell or promote goods, services, or merchandise from house-to-house, business-to-business, or upon public property.
Permittee.
Any individual to whom a permit is issued pursuant to this article.
Solicitor.
Any person, who is over the age of 18, solicits or attempts to solicit within the city limits for noncommercial purposes from house-to-house, business-to-business, or upon public property for funds or other support for charities, political advocacy, and other related matters.
(Ordinance 11-06 adopted 10/26/11; Ordinance 22-01 adopted 3/22/2022)
(a) 
No peddler or solicitor may conduct activities defined in section 4.04.001 except between the hours of eight a.m. and sunset.
(b) 
No peddler or solicitor may peddle or solicit in the public streets or from medians in the streets, within the city limits, or in any way block, obstruct, or unduly hinder passage on public streets within the city limits.
(Ordinance 11-06 adopted 10/26/11)
Any peddler or solicitor who conducts or attempts to conduct business at a place where a sign states “no soliciting” or “no peddling” or any similar phrase or where a sign clearly indicates that solicitors or peddlers are unwelcome is in violation of this article.
(Ordinance 11-06 adopted 10/26/11)
(a) 
Any person who is the owner or lawful occupant of private property within the territorial limits of the city may prohibit peddling or solicitation by those persons required to obtain a permit under this article by registering their property in accordance with subsection (b) of this section.
(b) 
The city secretary will compile and maintain a list of persons desiring to be included within the provisions of subsection (a) of this section. This list is sometimes referred to herein as the “no contact” list. The no contact list shall be updated at least semi-annually by the city secretary.
(c) 
No person peddling or soliciting under a permit issued under this article shall contact any person who is on the no contact list provided to that person.
(Ordinance 11-06 adopted 10/26/11)
Any person violating the provisions of this article, including peddling, or soliciting without obtaining a permit under this article, 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 any provision of this article shall be considered a separate offense.
(Ordinance 11-06 adopted 10/26/11; Ordinance 22-01 adopted 3/22/2022)
(a) 
It is unlawful for any person to engage in the business of a peddler or solicitor within the city without first obtaining a permit from the city administrator. Each person for whom a permit is requested under this article shall be required to provide the information required by this article and to properly complete and submit an application meeting the requirements of this article. Failure of any person to provide such information or to comply with such requirements shall be grounds to deny a permit to such individual. Further, each person to whom a permit is issued under this article shall be required to comply with all provisions of this article and the failure of any individual to do so shall be grounds to revoke or suspend the permit issued to such individual.
(b) 
Every person engaged in soliciting or peddling activities must have a permit issued to that particular person pursuant to this article, which identifies the person engaging in solicitation or peddling in the manner required by this article.
(Ordinance 11-06 adopted 10/26/11)
(a) 
The following are excluded from the permitting provisions of this article:
(1) 
Newspaper carriers;
(2) 
Farmers who sell agricultural products that were raised or grown by them;
(3) 
Locally based, non-profit organizations;
(4) 
Religious proselytizing or distribution of religious literature;
(5) 
Political speech; or
(6) 
Canvassers who attempt only to distribute handbills or to solicit political support or to determine opinions or sentiments.
(b) 
Persons who are exempt from the permitting requirements pursuant to subsection (a) above, shall be subject to the provisions of sections 4.04.002 (Hours and places of solicitations) and 4.04.003 (No soliciting signs); and are encouraged to notify the city administrator as to the approximate dates of the door-to-door activities, and the areas in which they will be working.
(Ordinance 11-06 adopted 10/26/11)
(a) 
Written application.
Any peddler or solicitor desiring to engage in activities as a peddler or solicitor within the city must file a written, sworn application for permit with the city administrator, which application shall contain the following information:
(1) 
Applicant’s name, telephone number, address, birthdate, physical description, finger or thumbprint, an authorization for a criminal history check from the state department of public safety, and either:
(A) 
Their drivers license number and state; or
(B) 
Their Social Security number and an official, government-issued picture identification card;
(2) 
If the applicant is peddling or making solicitations for any commercial [or] charitable organization, the name, telephone number and address of such organizations;
(3) 
A full and complete list of goods to be sold and/or services to be delivered;
(4) 
For each individual involved in the peddling or solicitation campaign: his or her name, telephone number, address, birthdate, physical description, and either:
(A) 
Their drivers license number and state; or
(B) 
Their Social Security number and an official, government-issued picture identification card;
(5) 
Description (year, make, type) and license plate number and state of all vehicles to be used in soliciting and peddling; and
Applicant must provide original identifying documents to the city administrator upon request.
(b) 
Criminal background check.
Each person that will engage in peddling or soliciting activities will be subject to a criminal background check to determine whether any of those individuals are currently wanted on a warrant for arrest or have been convicted of one or more of the offenses identified in section 4.04.037 below. Each person undergoing a criminal background check must sign any documents, releases or waivers required to facilitate the criminal background check.
(c) 
Payment of fees.
The application shall be accompanied by the fees required by section 4.04.035 and an amount equal to the cost to the city of performing each criminal background check required. The permit fee shall cover the city’s administrative cost in processing the application and shall be non-refundable in the event the application is denied. Any amounts advanced to the city for a criminal background check, which are expended for that purpose by the city, shall not be refundable in the event the application is denied for any reason.
(d) 
Separate applications.
Each person who will engage in the activities of a peddler or solicitor must have a permit and must submit a separate application and application fee and comply with all application requirements set forth in this section.
(Ordinance 11-06 adopted 10/26/11)
The application shall contain express provisions stating that issuance of a permit shall be conditioned upon compliance at all times during the duration of the permit with all requirements of this article and other applicable laws including, without limitation, compliance with the provisions of sections 4.04.002 (Hours and places of solicitations), 4.04.003 (No solicitation signs) and 4.04.004 (No contact list).
(Ordinance 11-06 adopted 10/26/11)
The permit fee shall $50.00 per permit until such time that the city council should amend the permit fee by resolution or motion. The city secretary shall include the permit fee and any future amendments to such fee in the city master fee schedule as maintained on file in the office of the city secretary.
(Ordinance 17-10 adopted 11/21/17; Ordinance 22-01 adopted 3/22/2022)
The following are exempt from the permit fee:
(1) 
Any individual soliciting for a philanthropic, charitable, political or religious organization; and
(2) 
Any individual who is licensed by the state such as an insurance salesman or an alarm company.
(Ordinance 11-06 adopted 10/26/11; Ordinance 22-01 adopted 3/22/2022)
(a) 
A copy of the application for permit will be referred to the city administrator 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 article may be denied where:
(1) 
Required application information is incomplete or incorrect.
(2) 
Applicant is currently wanted on a warrant for arrest.
(3) 
Applicant has been convicted of theft or any offense reportable by the city to the state department of public safety or the Federal Bureau of Investigation under “Index Crimes” part I and/or group A of the National Incident Base Reporting System or Crime Index programs or other law enforcement reporting system (e.g. aggravated assault, burglary, forcible rape, larceny-theft, motor vehicle theft, murder, non-negligent manslaughter, and robbery).
(4) 
Applicant fails to comply with any other requirement of section 4.04.033 above.
(b) 
If the city administrator denies a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify or reverse the decision of the city administrator. An appeal to the city council may be perfected by written notice to the city secretary delivered within ten days of the date the city administrator’s decision is delivered to the permittee. Any decision of the city administrator, which is not properly appealed, shall be final.
(Ordinance 11-06 adopted 10/26/11)
(a) 
If the city administrator finds that the application is completed in conformance with section 4.04.033 and any required permit fee has been paid, a permit shall be issued within five working days from the date that all requirements of section 4.04.033 have been fully and completely satisfied (including the payment of all required fees) by the applicant.
(b) 
The permit shall consist of a copy of the original application submitted by the permittee pursuant to section 4.04.033, with an official stamp indicating approval by the city administrator and shall include, at the top of the permit:
(1) 
A picture of the individual for whom the permit is granted;
(2) 
The name of the individual to whom the permit is issued in large letters;
(3) 
A permit number and its expiration date.
(c) 
Each permit will be valid for 12 months from its date of issue.
(d) 
The city secretary will retain one copy of the approved permit for the city’s official records.
(e) 
A separate permit shall be issued to each person who complies with the application procedures of this article.
(Ordinance 11-06 adopted 10/26/11)
(a) 
A permittee is required to notify the city administrator before any peddling or soliciting under the issued permit is conducted in each new calendar month after the issuance of the permit. At this time, the permittee will update any information required under section 4.04.033 that has changed and will obtain the then-current no contact list.
(b) 
Each permittee shall be responsible for complying with all requirements of this article and applicable law and the permit of any permittee who does not comply shall be suspended.
(c) 
No permittee shall permit any person other than a person who holds a valid permit issued under this article to engage in peddling or solicitation activities; that is, having contact with citizens while in the course of peddling or soliciting.
(d) 
Each peddler or solicitor will carry his or her original permit at all times while engaging in business in the city. The permit shall be exhibited upon the person of the individual it authorizes to conduct soliciting or peddling activities so that the permit is readily visible to persons with whom the peddler or solicitor makes contact. Upon request or demand by any citizen, code enforcement officer or law enforcement officer, the peddler or solicitor will exhibit the permit to indicate compliance with all of the relevant requirements of this article.
(e) 
The person holding a permit may not state or imply that the issuance of the permit by the city is an endorsement or approval by the city of the purposes of a solicitation or a product or service offered by the permittee.
(Ordinance 11-06 adopted 10/26/11)
Permits issued under the provisions of this article are not transferable in any situation and will be clearly marked “not transferable.”
(Ordinance 11-06 adopted 10/26/11)
(a) 
The city administrator may suspend and confiscate a permit issued under this article if evidence is presented to the city administrator, which provides the city administrator with a reasonable basis to conclude that the permittee has violated any provisions of this article or applicable law including those provisions in section 4.04.042(c) below.
(b) 
Peddlers and solicitors whose permits are suspended have three business days during which to request an administrative review of the suspension by the city administrator. If request for administrative review is not made within three working days, the permit is revoked.
(Ordinance 11-06 adopted 10/26/11)
(a) 
Upon permittee’s request, the city administrator shall provide the permittee with written notice containing particulars of any and all complaints against him or her, and the time, date and place for an administrative review of the suspension.
(b) 
The city administrator or the city administrator’s designee will conduct an administrative review to determine whether the permit shall be restored or revoked.
(c) 
After notice and review, the city administrator may revoke any permit issued under this article for any of the following reasons:
(1) 
Any omission of information, or fraudulent statements, on the permit application.
(2) 
Violation of any of the provisions of this article, including, without limitation, compliance with the provisions of sections 4.04.002 (Hours and places of solicitations), 4.04.003 (No solicitation signs) and 4.04.004 (No contact list).
(3) 
Any violation of law of the types identified in section 4.04.037(a)(3) above.
(4) 
Endangerment of public welfare, health or safety.
(d) 
If the city administrator revokes a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify, or reverse the decision. An appeal to the city council may be perfected by written notice to the city secretary delivered within ten days of the date the city administrator’s decision is delivered to the permittee. Any decision of the city administrator, which is not properly appealed, shall be final.
(e) 
Revocation or suspension of any permit shall bar the permittee from eligibility for any permit under this article for a period of one year.
(Ordinance 11-06 adopted 10/26/11)