The purpose of this chapter is to protect the public health,
safety, and welfare by protecting the inhabitants of the residential
areas from annoyance during the early or late hours of the day from
exposure to canvassers and solicitors with propensities toward violence,
rape, burglary, kidnapping, robbery, assault, theft, threats, intimidation,
coercion, fraud, misrepresentation, and other acts likely to cause
loss or damage to the citizen's property or likely to induce the citizen
to act other than freely and voluntarily when contacted by any canvasser
or solicitor.
(1449 § 1, 1975; 2808 § 1, 2012)
The terms "canvasser" or "solicitors" as covered by this chapter
mean any person who, for him or herself, or as agent for another,
goes from place to place and from house to house soliciting or procuring
for the sale of or other disposition of any merchandise or services,
or for the purpose of obtaining information of any nature whether
for the purpose of selling merchandise or services or otherwise, and
whether or not any moneys are advanced.
(1449 § 1, 1975; 2808 § 1, 2012)
No canvasser shall go from place to place or from house to house
for the purpose of soliciting or procuring the sale of, or the disposition
of, any merchandise whatsoever, or for the purpose of obtaining information
of any nature, whether for the purpose of selling merchandise or services,
or not, and whether or not any moneys are advanced on any such order
or sales, without first having procured a written permit from the
Police Chief, authorizing the same.
(1449 § 1, 1975; 2808 § 1, 2012)
The requirements of this chapter shall not apply to:
B.
Any
person canvassing or soliciting business firms within the City that
have paid for and received a valid business operations tax certificate.
C.
Solicitors
or canvassers for any state or federally approved nonprofit organization
or corporation, nonprofit fraternal, educational, or nationally recognized
youth organizations, such as the YMCA, YWCA, scouting, boys' and girls'
clubs.
(1449 § 1, 1975; 2808 § 1, 2012)
Applicants for permits under this chapter must file with the
Police Chief an application in writing on a form to be furnished by
the City that shall give the following information:
A.
Name
and description of the applicant;
B.
Permanent
home address and full local address of the applicant;
C.
A brief
description of the nature of the business and the goods to be sold;
D.
If employed,
the name and address of the employer;
E.
The
length of time for which the right to do business is desired;
F.
Description
of any motor vehicles that applicant proposes to use, including the
license numbers, body styles, and names of registered owners;
G.
A photograph
of the applicant, taken within 60 days immediately prior to the date
of filing of the application, which picture shall be two inches by
two inches showing the head and shoulders of the applicant in a clear
and distinguishing manner;
H.
The
fingerprints of the applicant;
I.
A statement
as to whether or not the applicant has been convicted of any felony
or misdemeanor involving moral turpitude, physical harm to any person,
theft, or unlawfully obtaining of funds and property from any other;
J.
Individuals
canvassing or soliciting for the future delivery of any product or
item shall be required to post with the City, or show evidence of,
a bond made payable to any person suffering damage by virtue of the
items or services being sold for future delivery; and
K.
Any
other information or evidence of identity and past conduct or business
activity of applicant as may be required by the Police Chief.
(1449 § 1, 1975; 2808 § 1, 2012)
A.
Upon
receipt of such application, the Police Chief shall cause an investigation
to be made as deemed necessary for the protection of the public good.
B.
If,
as a result of such investigation, the applicant provides all required
information, the Police Chief shall approve the application and a
permit shall be issued, unless it is determined that the applicant
has been convicted of a felony or misdemeanor involving moral turpitude,
physical harm to any person, theft, or unlawfully obtaining funds
and property from another person, fraud, misrepresentation or false
statement, in which event, the Police Chief shall disapprove the application
and no permit shall be issued.
(1449 § 1, 1975; 1602 § 1, 1977; 2808 § 1, 2012)
The permit shall contain the signature of the Police Chief,
name, physical description, and photograph of permittee, the kind
of goods to be sold thereunder, the date of issuance and expiration
date of permit, and the words "SOLICITOR." Such permit shall, during
the time such permittee is engaged in soliciting, be worn constantly
by the permittee on the front of his or her outer garment in such
a way as to be conspicuous.
(1449 § 1, 1975; 2808 § 1, 2012)
A.
Permits
issued under the provisions of this chapter may be revoked by the
Police Chief for any of the following causes:
1.
Fraud,
misrepresentation, or false statement contained in the application
for permit;
2.
Fraud,
misrepresentation, or false statement made in the course of carrying
on this business as solicitor or as canvasser;
3.
Any
violation of this chapter;
4.
Conviction
of any felony or misdemeanor involving moral turpitude;
5.
Conducting
the business of soliciting or of canvassing in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety, or general welfare of the public.
B.
Notice
of the hearing for revocation of the permit shall be given in writing,
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the permittee at his or her last known address at least five days
prior to the date set for hearing.
(1449 § 1, 1975; 2808 § 1, 2012)
Any person aggrieved by the action of the Police Chief in the denial or revocation of a permit, as provided in Section 5.20.060 of this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a public hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.20.080 of this chapter for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive.
(1449 § 1, 1975; 2808 § 1, 2012)
Canvassing or soliciting shall be restricted to the hours of
8:00 a.m. to one-half hour after sunset.
(1449 § 1, 1975; 2808 § 1, 2012)
Each person applying for a solicitor's permit shall pay a nonrefundable
processing fee established by City Council resolution.
(1449 § 1, 1975; 1856 § 2, 1984; 2808 § 1, 2012)
A.
It is
unlawful for any person to appear at any private residence and canvass
or solicit whereon a sign bearing the words "No Solicitors," "No Solicitors
or Peddlers," or words of similar import, indicating that solicitors
are not wanted at such residence, is painted, fastened, or exposed
to public view.
(1449 § 1, 1975; 2808 § 1, 2012)
