For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
"Charitable or philanthropic association"
shall mean and include corporations and such other entities
which have been recognized and qualified as nonprofit charitable or
philanthropic associations by either the Franchise Tax Board of the
State or the Internal Revenue Service of the United States.
"Soliciting"
shall mean and include any one or more of the following activities:
(1)
Seeking to sell, or obtain orders for the purchase of, goods,
wares, merchandise, foodstuffs, or services of any kind, character,
or description whatever for any kind of consideration whatever;
(2)
Seeking to obtain prospective customers for an application or
purchase of insurance of any type, kind, or character or the sale,
purchase, or lease of real property;
(3)
Seeking to sell or obtain subscriptions to books, magazines,
periodicals, newspapers, or any other type or kind of publication;
or
(4)
Seeking to obtain gifts or contributions of money, clothing,
or any other valuable thing for the support or benefit of any charitable
or nonprofit association, organization, corporation, or project.
(§ 3, Ord. No. 305)
Unless specifically exempted by the provisions of this chapter,
it shall be unlawful for any person to engage in business as a solicitor
calling at residences, without the previous consent of the occupant,
for the purpose of soliciting orders, sales, subscriptions, or business
of any kind.
(§ 1, Ord. No. 305)
Any solicitation carried on exclusively by means of the United States Postal Service or by telephone shall be exempt from the provisions of this chapter. Solicitations for charitable or philanthropic purposes shall be exempt from the prohibitions set forth in Section
5-12.02 of this chapter provided such solicitations are carried on in accordance with the provisions of Section
5-12.04 of this chapter.
(§ 2, Ord. No. 305)
(a) Registration
required. Prior to undertaking any solicitation, the responsible representative
of the charitable or philanthropic association shall first register
with the City Manager or his designee upon forms provided by his office.
(b) Information
required. The registrant shall furnish the following information:
(1) The full name of the association;
(2) The full names of persons responsible for the solicitation within
the City; and
(3) The duration and proposed method of operation within the City.
(c) Certificates.
If the City Manager or his designee determines that the applicant
is a legitimate and qualified charitable or philanthropic association,
the applicant shall be furnished a certificate indicating that the
association is a registered solicitor and showing the dates covered
by such registration, which period shall in no event exceed 90 days
after the date of approval.
(§ 4, Ord. No. 305, as
amended by § 2, Ord. No. 330)
Any registration secured pursuant to the provisions of this
chapter may be revoked by the City because of any violation of the
provisions of this chapter by the registrant, or of any other City,
State, or Federal law, or whenever the registrant shall cease to possess
the qualifications and character required by the provisions of this
chapter for the original registration.
(§ 5, Ord. No. 305)
The practice of going in and upon private residences in the
City by solicitors, peddlers, hawkers, itinerant merchants, or transient
vendors of merchandise, not having been requested or invited so to
do by the owners or occupants of such private residences, for the
purpose of soliciting orders for the sale of goods, wares, and merchandise
or for the purpose of disposing of and peddling or hawking goods,
wares, and merchandise shall be a nuisance.
(§ 6, Ord. No. 305)