The following definitions shall apply to this chapter:
APPLICANT
Any person that files an application for a solicitation permit
provided by this chapter.
CHARITABLE or CHARITABLE PURPOSE
Includes the words "patriotic," "philanthropic," "social
services," "welfare," "benevolent," "educational," "civic" or "fraternal,"
either actual or purported.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, or eleemosynary
entity or one purporting to be such for solicitation and collection
of funds for charitable purposes, including any local, county, or
area division within this state of such charitable organization.
CONTRIBUTION
The promise or grant of any money or property of any kind
or value, including the promise to payor to give anything of value
including, but not necessarily limited to, alms, food, clothing, money,
subscription, property or donations under the guise of a loan of money
or property, financial assistance or other thing of value.
DO-NOT-SOLICIT LIST
A list of names and addresses of individuals in the Town
of Elsmere who have requested in writing the placement of their residences
on a list of people who do not want to be solicited at their residences,
which list shall be maintained and published for purposes of informing
the general public of the individuals' intention.
PERSON
Any individual, firm, co-partnership, partnership, corporation,
company, association, church, religious sect, religious denomination,
society, organization, league, trust or any combination of the foregoing.
POLITICAL SOLICITATION
Solicitation engaged in for the purpose of lobbying, campaigning,
promoting, advancing, espousing or benefiting a political cause, party
or candidate for political office.
PREMISES
All separately addressed places of business, residences or
other locations in which persons live, work or otherwise occupy in
the Town.
RELIGIOUS or RELIGIOUS PURPOSE
The means of or relating to an organized religion or religious
group or identifiable and definable set of religious beliefs or other
ideology.
RESIDENCE
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
SOLICITATION
Communicating with another person without invitation for
a specific commercial, charitable, religious, political or other purpose
by means of:
A.
In-person contacts on streets, highways, sidewalks and at residences
within the Town; or
B.
Distribution of written material, including the placement or
delivery of such materials at the premises or on any property belonging
to a third person.
SOLICITOR
A person who engages in solicitation as defined in this chapter.
TOWN
The corporate boundaries of the Town of Elsmere, Delaware.
Upon the expiration of a solicitation permit, the person shall
be entitled to renew the permit for an additional sixty-day period,
provided that the application for renewal continues to satisfy all
conditions and requirements necessary to obtain an original permit
and provided that all relevant information and documentation is updated
and provided to the Code Enforcement Officer.
[Amended 9-10-2015 by Ord. No. 600]
Any person violating the provisions of this chapter shall, upon
conviction, be punished by a fine of not less than $100 nor more than
$200 or imprisonment for such a period not to exceed 90 days, or by
both such fine and imprisonment, at the discretion of the court.