[Ord. No. 2023-054, 7-10-2023[1]]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A person who attempts to make personal contact with a resident
at their residence without prior specific invitation or appointment
from the resident, for the primary purpose of attempting to enlist
support for or against a particular religion, philosophy, ideology,
political party, issue or candidate, even if incidental to such purpose
the canvasser accepts the donation of money for or against such cause.
A person who attempts to make personal contact with a resident
at their residence without prior specific invitation or appointment
from the resident, for the primary purpose of attempting to obtain
a donation to a particular patriotic, philanthropic, social service,
welfare, benevolent, educational, civic, fraternal, charitable, political
or religious purpose, even if incidental to such purpose there is
the sale of some good or service. Solicitor shall not mean a student
of an educational institution or member of a non-profit organization
who attempts to make personal contact with a resident at their residence
without prior specific invitation or appointment from the resident,
for the primary purpose of attempting to obtain a donation or tax
deductible purchase (in whole or in part) as part of a fundraising
activity for the benefit of an educational program or non-profit organization.
A person who attempts to sell a good or service, for profit
to their principal, or seeks a donation for any cause of a profit-making
or commercial character. Peddler shall not mean a student of an educational
institution who attempts to make personal contact with a resident
at their residence without prior specific invitation or appointment
from the resident, for the primary purpose of attempting to sell a
good or service as a fundraising activity for the benefit of an educational
program or non-profit organization.
[Ord. No. 2023-054, 7-10-2023]
It shall be unlawful within the corporate limits of the City for any person to engage in any act as a peddler or solicitor as defined in Section 610.010 of this Code without first obtaining from the City, a permit in accordance with the provisions of this Chapter. Peddlers and solicitors must display their permit in a visible location on their person to the public and Law Enforcement Officers at all times.
[Ord. No. 2023-054, 7-10-2023]
No peddler, solicitor, or canvasser shall:
A.
Enter
or remain on private property where they have reason to believe that
the residents thereof have indicated the solicitor, peddler, or canvasser
is not welcome;
B.
Make
an uninvited entry into a resident’s home;
C.
Refuse
to discontinue their attempts at peddling, soliciting or canvassing
when requested by a hearer to do so, when on private property occupied
by the hearer; or
D.
Enter
upon any private property, knowing or having reason to believe that
the owner or occupants do not desire to receive messages from any
peddler, solicitor, or canvasser either by a posted sign or otherwise.
[Ord. No. 2023-054, 7-10-2023]
[Ord. No. 2023-054, 7-10-2023]
Applicants for permits under this Chapter must file with the
Chief of Police a sworn application in writing on a form to be furnished
by the Police Department.
[Ord. No. 2023-054, 7-10-2023]
It shall be the duty of any Law Enforcement Officer of the City
to require any person seen peddling or soliciting, and who is not
known by such officer to be duly permitted, to produce their permit
and to enforce the provisions of this Chapter against any person found
to be violating the same.
[Ord. No. 2023-054, 7-10-2023]
The Chief of Police shall maintain a record for each permit
issued and the reports of violation(s).
[Ord. No. 2023-054, 7-10-2023]
[Ord. No. 2023-054, 7-10-2023]
The fees for any permits that may be issued under the provisions
of this Chapter as approved by the Governing Body and listed in the
Schedule of Fees and Charges maintained in the Finance Department.
[Ord. No. 2023-054, 7-10-2023]
It shall be unlawful for any peddler, solicitor, and/or canvasser
to engage in peddling, soliciting, and/or canvassing within the City
between the hours of 7:00 P.M. and 9:00 A.M. It shall be unlawful
for any peddler or solicitor to engage in peddling and/or soliciting
at any time on Sundays, except by specific appointment with or by
invitation from the prospective customer/recipient/hearer.
[Ord. No. 2023-054, 7-10-2023]
No permit issued under this Chapter shall be transferable or
assignable.
[Ord. No. 2023-054, 7-10-2023]
A.
Except as may be provided herein for vendor spaces at City sponsored
events, no peddler or solicitor shall have any exclusive right to
any location in the streets or public areas of the City, nor shall
any be permitted a stationary location, nor shall they be permitted
to operate in any congested area where their operations might impede
or inconvenience the public. For the purpose of this Chapter, the
judgment of a Law Enforcement Officer, exercised in good faith, shall
be deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.
B.
No peddler or solicitor shall be permitted to operate within one
hundred (100) feet outside of the identified entrance to a City-sponsored
event.
C.
No peddler or solicitor shall be permitted to operate within a City-sponsored event where vendor spaces are allocated, unless such peddler or solicitor shall have acquired a vendor space for the same and any permits required by Chapter 605 and Chapter 610 of the City Code of Ordinances. A peddler or solicitor who has acquired a vendor space at a City-sponsored event shall operate from within their vendor space only.
[Ord. No. 2023-054, 7-10-2023]
No peddler, solicitor, or canvasser, nor any person acting on their behalf, shall violate any portion of Chapter 280, Noise and Peace Disturbance Standards, of the City Code.
[Ord. No. 2023-054, 7-10-2023]
It shall be unlawful for any peddler or solicitor to sell or
attempt to sell within one thousand (1,000) feet from any school,
church, or public assembly while the same is in session and for thirty
(30) minutes before and after said assembly or session.
[Ord. No. 2023-054, 7-10-2023]
Permits issued under the provisions of this Chapter may be revoked
by the Chief of Police for any of the following causes:
A.
Fraud,
misrepresentation, or false statement contained in the application
for permit or occupation license.
B.
Fraud,
misrepresentation, or false statement made in the course of carrying
on their business as a peddler or solicitor.
D.
Conviction
of any crime or misdemeanor involving moral turpitude.
E.
Conducting
the business of peddling or soliciting 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.
[Ord. No. 2023-054, 7-10-2023]
In the event of a denial of a permit or a revocation of a permit
by the Chief of Police, the applicant may file an appeal to the City
Manager. Such appeal shall be heard within forty-eight (48) hours
of the date and time the appeal was filed with the City Manager. The
City Manager shall make the decision and shall set forth the grounds
for granting or denying the appeal.
[Ord. No. 2023-054, 7-10-2023]
Any permit issued pursuant to this Chapter 610 shall expire thirty (30) days after the date of issuance.
