[HISTORY: Adopted by the Board of Supervisors
of Warren County as Ch. 15 of the 1975 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A person who goes from door to door visiting multifamily
or single-family dwellings for the following purposes:
All persons, before entering into or upon a
residential premises within the County for the purpose of soliciting,
shall register with the Sheriff and furnish him with the following
information:
A.Â
The name, local and permanent address, age, race,
weight, height, color of hair and eyes and any other distinguishing
physical characteristics of the applicant.
B.Â
The nature or purpose for which solicitations will
be made and the nature of the goods, wares and merchandise offered
for sale.
C.Â
The name and permanent address of the employer or
organization represented.
D.Â
A statement as to whether the applicant has been convicted
of any felony or misdemeanor and if so, the nature of the offense,
when and where convicted and the penalty for punishment assessed therefor.
E.Â
A photograph
of the applicant and fingerprints of the applicant.
[Added 6-15-2010]
F.Â
The make,
model and license number of any vehicle to be used.
[Added 6-15-2010]
G.Â
The specific
area or areas of the County where the solicitor will be working.
[Added 6-15-2010]
H.Â
Written
authorization and any other information needed to conduct a background
investigation of the applicant, including a criminal records check,
and to investigate whether the information provided by the applicant
is true.
[Added 6-15-2010]
I.Â
Written
declaration, dated and signed by the applicant, certifying that the
information contained in the application is true and correct.
[Added 6-15-2010]
J.Â
A statement
of any similar permits issued to the applicant in any jurisdiction
with a description of the status of those permits and a statement
as to whether a permit held by the applicant has ever been suspended
or revoked, or the applicant has ever been denied a permit in any
jurisdiction.
[Added 6-15-2010]
A.Â
Upon furnishing the information required under § 133-2, the applicant shall be issued a permit, unless the information furnished in compliance with this chapter shows that the applicant has been convicted of a crime involving moral turpitude or violence, had a prior permit suspended or revoked, or is not of good moral character.
[Amended 6-15-2010]
B.Â
A permit issued under this chapter shall be good for
one year from the date of issuance, unless earlier revoked as provided
in this chapter.
C.Â
Every solicitor shall carry his permit with him at
all times while engaged in soliciting and shall display the same to
any person who shall demand to see the same while he is so engaged.
[Amended 6-15-2010]
A fee of $20 to cover the costs of investigation
of the applicant and processing of the application shall be paid to
the Sheriff when the application is filed and shall not be returnable
under any circumstances.
No person shall:
A.Â
Enter into or upon a residential premises in the County
under false pretenses to solicit for any purpose or for the purpose
of soliciting orders for the sale of goods, wares, merchandise or
services.
B.Â
Remain in or on any residential premises after the
owner or occupant has requested any such person to leave.
C.Â
Enter upon any residential premises for soliciting
when the owner or occupant has displayed a "No Soliciting" sign on
such premises.
D.Â
Engage in the practice of soliciting in the county
without a permit as provided for in this chapter.
E.Â
Knowingly give false information or fail to give correct
information in obtaining a permit.
F.Â
Engage
in solicitation at any time prior to 9:00 a.m. or after sunset of
any day.
[Added 6-15-2010]
G.Â
Fail to
provide a written order or invoice, in duplicate, which:
[Added 6-15-2010]
The provisions of this chapter shall not apply
to:
A.Â
Any person who visits any residence or apartment at
the request or invitation of the owner or occupant thereof.
B.Â
Unpaid members of any civic or charitable organization
who are registered as such with the Sheriff and the names of the solicitors
have been listed as such members and the organization has provided
each person listed with an approved means of identification with the
organization represented.
C.Â
Newsboys soliciting subscriptions to any newspaper
for home delivery within the county.
D.Â
Route deliverymen who make deliveries at least once
a week to regular customers and whose solicitation is only incidental
to their regular deliveries.
E.Â
Persons
selling fresh farm products.
[Added 6-15-2010]
F.Â
Persons
licensed under the provisions of state law governing insurance sales.
[Added 6-15-2010]
G.Â
Persons
engaged in canvassing for or on behalf of political candidates or
referenda.
[Added 6-15-2010]
H.Â
Persons
12 years of age or under who are residents of the County.
[Added 6-15-2010]
I.Â
Persons
collecting or attempting to collect a payment due from a purchaser
if the collector and original seller are not the same.
[Added 6-15-2010]
[Added 6-19-1990]
[Added 6-15-2010]
A.Â
Any permit issued pursuant to this chapter may be revoked by the
County Sheriff for:
B.Â
If the County Sheriff revokes a permit, he shall notify the permittee
in writing of the revocation, the reasons for the revocation, and
the permittee's right to request a hearing. To receive a hearing,
the permittee must make a written hearing request which must be received
by the Sheriff within 10 days of the notice of revocation. If a hearing
request is not received within 10 days of the revocation notice, the
Sheriff's decision shall be final. If a hearing is properly requested,
it shall be held within 15 days from receipt of the hearing request.
The hearing shall be presided over by the Sheriff or his designee.
The permittee shall have the right to present evidence and argument
or to have counsel do so. Within a reasonable time after the hearing,
the Sheriff shall render his decision which shall be final. The permittee
must discontinue operation of its business when the decision to revoke
its permit is final.
C.Â
When protection of public health, safety or welfare requires such
action, the County Sheriff may direct immediate revocation of a solicitor's
permit by giving written notice to the permittee. When action is taken
pursuant to this subsection, the permittee shall immediately discontinue
those activities authorized by the permit and this article, but the
permittee shall have the right to a hearing as described above.[1]
[1]
Editor’s Note: Former Art. II, Solicitation Activities
on Public Highways, added 6-15-2010, which comprised § 133-9,
Distribution of handbills, solicitation of contributions and sale
of merchandise or services, and which immediately followed this section,
was repealed 5-17-2016.