The purpose of this article is to provide for the general health,
public safety, and welfare, comfort, convenience, and protection of
the city and the residents of the city by:
(1) Prohibiting
door-to-door solicitation and canvassing activity at residences during
the times when such activity is most intrusive and disruptive to citizens’
privacy;
(2) Regulating
the manner in which any solicitation activity, canvassing activity,
or handbill distribution may occur to promote good order, prevent
litter, and protect citizens from aggressive and intimidating practices;
and
(3) Requiring
solicitors to register with the city to aid crime detection and deter
deceptive practices and fraud.
The provisions of this article shall be construed to accomplish
these purposes.
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(Ordinance 03062023-01, sec. 1,
adopted 3/6/23)
In this article:
Administrator
means the city secretary or some other employee of the city
designated by the city secretary.
Canvasser
means a person who engages in canvassing activities.
Canvassing or canvassing activity
means the act of:
(1)
Traveling either by foot or vehicle, going door-to-door, house-to-
house, or building-to-building; or
(2)
Occupying space in or traveling on or through any public place
in the city;
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.
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Dark
means the time of day identified by the United States Naval
Observatory as being after the end of civil twilight on a particular
day in the city.
Handbill
means 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.
Handbill distribution
means 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 handbills for
any purpose.
Nonprofit organization
means an organization or entity that is exempt from the payment
of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
Selling
means 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.
Solicitation activities
means the act of:
(1)
Traveling either by foot or vehicle, going door-to-door, house-to-house,
or building-to-building; or
(2)
Occupying space in or traveling on or through any public place
in the city; while 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.
Solicitor
means a person who engages in solicitation activities.
(Ordinance 03062023-01, sec. 2,
adopted 3/6/23)
(a) This
article does not apply to:
(1) The activity of a person with an appointment calling upon or dealing
with manufacturers, wholesalers, distributors, brokers, or retailers
at their place of business and in the usual course of business;
(2) The activity of a person acting at the request or invitation of the
owner or occupant of a residence;
(3) Sales made under the authority of and by judicial order;
(4) The activity of a government employee acting within the course and
scope of their official duties serving, delivering, or posting official
notices including notices of code violations, water restrictions,
utility outages, burn bans, special event impacts, or security issues;
or
(5) The activity of a person under the authority of a permit issued under
regulations applicable to food establishment rules.
(b) It shall be an affirmative defense to prosecution for any offense under this article that the activity of the defendant is listed in subsection
(a).
(Ordinance 03062023-01, sec. 3,
adopted 3/6/23)
(a) A
person commits an offense if the person engages in solicitation or
canvassing activity at a residence:
(2) After dark or 9:00 p.m., whichever is earlier on a given day.
(b) A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution at a premises with
a posted notice that such activity is not welcomed or invited. It
shall be presumed that there is notice that solicitation or canvassing
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 inches by three inches in size, containing the words “No
Solicitors,” “No Trespassing,” or words of similar
meaning in letters not less than two-thirds of one inch in height.
(c) A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces, or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection
(b) of this section.
(d) A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and remains or lingers
on a 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,
canvassing activities, or handbill distribution in an aggressive or
intimidating manner. The term “aggressive or intimidating manner”
means:
(1) Blocking the path of a person who is the object of the activity;
or
(2) Following behind, ahead of or alongside a person who walks away from
the solicitor after being solicited, approached, accosted, or offered
a handbill, leaflet, or any other item.
(f) 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.
(g) A person commits an offense if the person secures a handbill at a residence in the manner described by subsection
(f)(2) of this section:
(1) In a place that is more than five feet from the front door of the
residence; or
(2) When another handbill has already been left or secured at the residence
and has not been removed from the outside of the residence.
(Ordinance 03062023-01, sec. 4,
adopted 3/6/23)
(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 a highway
or freeway, or major or minor arterial, 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 03062023-01, sec. 5,
adopted 3/6/23)
(a) Any person, firm, or corporation violating any of the terms and provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined an amount in accordance with the general penalty provided in section
1.01.009 of this code. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.
(b) In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties provided in subsection
(a), may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct, or abate such violations; and the definition of any violation as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(c) The court trying a civil or criminal cause under subsection
(a) or
(b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this article to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the registration certificate required by this article. When a registration certificate is forfeited in this manner, no further certificate shall be issued to that person for one year from the date of judgment or conviction.
(Ordinance 03062023-01, sec. 6,
adopted 3/6/23; Ordinance adopting
2023 Code)
(a) A
person commits an offense if the person engages in solicitation activities
in the city without a valid registration certificate issued by the
administrator.
(b) A
registration certificate shall be valid for one 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. The nonrefundable
application fee shall be used for the purpose of defraying administrative
expenses incident to the issuing of registration certificates.
(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 03062023-01, sec. 7,
adopted 3/6/23; Ordinance adopting
2023 Code)
A person desiring to conduct solicitation activities within
the city shall make a written application on a form provided by the
administrator 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 administrator will make a photocopy and attach it
to the application) of the applicant;
(3) Except as provided by section
5.03.009 of this article, two photographs of the applicant, measuring 1.5 inches x 1.5 inches and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application;
(4) 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, the name and license number of the driver who
will operate each vehicle, and adequate proof under state law that
each driver maintains financial responsibility for the vehicle they
will operate shall be attached to the application;
(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, [or] 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;
(9) If
the applicant, or the applicant’s employer or principal, has
pled guilty or nolo contendere to, or has been convicted of, a felony
or misdemeanor involving fraud, deceit, theft, embezzlement, burglary,
larceny, fraudulent conversion, misrepresentation, or misappropriation
of property within ten years preceding the date of application, a
description of each such conviction or plea, the name of the court
and the jurisdiction in which the complaint or indictment was filed
and the date of the offense;
(10) If the applicant, or the applicant’s employer or principal,
is a person against whom a civil judgment or administrative decision
based upon fraud, deceit, theft, embezzlement, burglary, larceny,
fraudulent conversion, misrepresentation, or misappropriation of property
has been entered or ordered within ten years preceding the date of
application, a description of judgment or action, the case or cause
number, if any, and the court or administrative agency that rendered
the judgment or decision;
(11) If the solicitation activity is to be conducted on behalf of a nonprofit
organization, proof of such status shall be attached to the application.
(Ordinance 03062023-01, sec. 8,
adopted 3/6/23)
(a) A
minor who conducts solicitation activities shall be sponsored or employed
by a person over the age of 18, 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 supervisor
[supervision] of a person 18 years of age or older.
(b) A person, corporation, firm or organization that sponsors or employs one or more minors as solicitors must submit one application and pay the nonrefundable application fee, as provided in section
5.03.007 of this article, except as provided for in subsection
(e) of section
5.03.007 of this article, for the registration of the minors regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the administrator 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 administrator, shall acknowledge the release of the information set forth above.
(c) A minor who conducts solicitation activities is exempt from section
5.03.011 of this article and shall be required to carry while conducting solicitation activities only a copy of the approved solicitor’s registration application.
(Ordinance 03062023-01, sec. 9,
adopted 3/6/23)
(a) Upon
receipt of an application, the administrator shall review the application
to ensure compliance with this article.
(b) The
administrator shall authorize the registration within 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 ten years preceding the date of application, the applicant or the applicant’s employer, principal or organization has pled guilty or nolo contendere to, or has been convicted of, a felony or misdemeanor described in section
5.03.008(9) of this article;
(3) Within ten years preceding the date of application, a civil judgment or administrative decision described in section
5.03.008(10) of this article has been entered or ordered against the applicant or the applicant’s employer, principal or organization;
(4) The applicant provided no proof of authority to act on behalf of
the employer, principal or organization;
(5) The application does not contain the information or documents required by section
5.03.008 of this article.
(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 30 days of the
receipt of the application.
(Ordinance 03062023-01, sec. 10,
adopted 3/6/23)
(a) Upon
authorization of the registration, the administrator shall deliver
a registration certificate for each solicitor.
(b) The
registration certificate shall be in the form of a photo identification
tag and shall contain the following information:
(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
registration certificate shall be worn constantly in a conspicuous
place by the permit holder while conducting solicitation activities
in the city. A person commits an offense if the person engages in
solicitation activities and fails or refuses to show or display the
registration certificate upon the request of any person.
(d) A
registration certificate shall be used only by the solicitor for whom
it was issued and may not be transferred to another person. A person
commits an offense if the person wears or displays a photo identification
tag issued to another person.
(e) A
person who uses a vehicle in conducting solicitation activities shall
post a sign located in a conspicuous place on or in the window of
the vehicle, identifying the name of the person, company, or organization
that the person represents. If the name is an individual person, it
must be followed by the word “solicitor.” The lettering
on the sign must be at least two and one-half inches high. A person
commits an offense if the person violates this subsection.
(Ordinance 03062023-01, sec. 11,
adopted 3/6/23)
A registration certificate issued pursuant to this article may
be revoked or suspended by the administrator, 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) A plea or conviction of a crime described in section
5.03.008(9) of this article;
(4) A judgment involving a matter described in section
5.03.008(10) of this article; or
(5) A
violation of any of the regulations set forth in this article.
(Ordinance 03062023-01, sec. 12,
adopted 3/6/23)
(a) A
person who is denied a registration certificate or whose registration
is revoked or suspended by the administrator may appeal the decision
to the mayor by filing notice of appeal with the mayor 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
ten days of the receipt of the notice of appeal, the mayor 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) At
the conclusion of the hearing, the mayor shall make a decision on
the appeal. The decision of the mayor on the appeal is final. No other
administrative procedures are provided by the city.
(Ordinance 03062023-01, sec. 13,
adopted 3/6/23)