[HISTORY: Adopted by the Mayor and Council of the City of
Harrington 6-19-2017 by Ord. No.
17-06. Amendments noted where applicable.]
The City Council of the City of Harrington has deemed it necessary
to establish regulations regarding peddlers and solicitors in order
to ensure the safety and welfare of residents and offering the opportunity
for residents to request peddlers and solicitors not enter a resident's
property.
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:
Any person selling or offering for sale any goods, wares,
merchandise, or services for immediate delivery which the person selling
or offering for sale carries with him/her in traveling or has in his/her
possession or control upon any of the streets or sidewalks or from
house to house within the City.
Any individual, firm, corporation, company, partnership,
or joint venture.
Any parcel of land or any street, sidewalk, alley, or right-of-way
owned or controlled by the City of Harrington.
Any public street that has more than two main travel lanes
or a speed limit of 25 miles per hour or greater.
Any person seeking or taking contracts or orders for any
goods, wares, merchandise, or services for future delivery or for
subscriptions or contributions upon any streets or sidewalks or from
house to house within the City.
No person shall peddle or solicit within the boundaries of the
City of Harrington without having first obtained a peddlers/solicitors
license issued by the City.
The provisions of this chapter shall not apply to the following:
A.
Sheriffs, constables, bona fide assignees, receivers or trustees
in bankruptcy, or other public officers selling goods, wares, and
merchandise according to law;
B.
Individuals selling fruits or vegetables which were produced on land
that is owned or controlled by the individual;
C.
An attempt to enlist support for or against a particular religion,
political party, candidate, cause, or issue;
D.
Solicitations, sales, or distributions made by a charitable organization
recognized as tax exempt under the Internal Revenue Code, a religious
organization recognized as such under the laws of the State of Delaware,
or an organization authorized by any school within the Lake Forest
School District;
E.
Individuals leaving written information, including flyers, leaflets,
and brochures, or other forms of advertising, for noncommercial purposes;
and
F.
Individuals under 16 years of age.
A.
Applications for peddler/solicitor licenses shall be made at least
24 hours, excluding weekends and holidays, prior to the date a peddler
or solicitor seeks to begin peddling or soliciting.
B.
Applications for peddler/solicitor licenses shall be upon forms provided
by the City that shall include the following information:
(1)
The applicant's name and address;
(2)
The name and address of the person for whom the applicant works,
if any;
(3)
The type or types of article, device, subscription, contribution,
service or contract which he/she desires to sell or for which he/she
wishes to solicit within the City;
(4)
The type of vehicle the applicant uses, if any, and its registration
number;
(5)
The name, address, and title of a company officer upon whom process
or other legal notice may be served, if the applicant is a corporation
or company or is associated with a corporation or company;
(6)
A statement as to whether or not the applicant has been convicted
of a felony or misdemeanor within five years preceding the date of
the application and the nature of the offense or violation (excluding
traffic offenses);
(7)
A statement as to whether or not the applicant has had a civil judgment
for fraud, deceit, or misrepresentation entered against him or her
within five years preceding the date of the application;
(8)
A statement that the applicant has received a copy of the No Solicitation
Registry and that he/she understands that it is unlawful for any peddler
to enter upon any private property when such property is included
in the City's No Solicitation Registry or has a sign posted stating
"no peddlers allowed" or "no solicitations allowed" or other words
to such effect; and
(9)
Any such other information as deemed necessary by the City Manager
and/or his/her designee.
C.
The application shall be verified by the oath or affirmation of the
individual licensee applying for a peddler/solicitor license.
D.
The following documents shall accompany the application:
(1)
A copy of a government-issued photo identification issued to the
applicant;
(2)
A passport compliant photograph of the applicant;
(3)
A state and federal criminal background check conducted on the applicant
by the State Bureau of Identification within the last year;
(4)
A letter authorizing the applicant to represent the firm the applicant
purports to represent, if any; and
(5)
A copy of the applicant's State of Delaware salesperson identification
card, if the applicant intends to conduct door-to-door peddling or
soliciting.
E.
The proper license fee shall accompany the application.
A.
Upon proper application and payment of the prescribed fees as established in Chapter 180, Municipal Fees, the City shall have 24 hours, excluding weekends and holidays, to determine whether to issue a license.
B.
Each such license shall be valid and effective from the first day
of July each year, or the date of issuance, to June 30 at 11:59 p.m.
of the fiscal year in which it was issued.
C.
A record of all licenses issued and license fees paid shall be maintained
at City Hall.
D.
Each license issued shall be in the form of an identification badge
provided by the City Manager and/or his/her designee which shall set
forth the following information:
A.
The City may refuse to issue a license for a specific applicant for
the following reasons:
(1)
An applicant provided false information in the application;
(2)
An applicant has been convicted of a felony or misdemeanor involving
a sex offense, trafficking in controlled substances, burglary, theft,
or any violent acts against person or property within five years preceding
the application date; or
(3)
A civil judgment for fraud, deceit, or misrepresentation was entered
against the applicant within five years preceding the date of application.
B.
The City Manager and/or his/her designee shall, upon disapproving
any application submitted under the provisions of this chapter, refund
all fees paid in advance by the applicant pursuant to the application.
C.
When the issuance of a license is denied and any action is instituted
by the applicant to compel its issuance, the applicant shall not engage
in the business for which the license was refused unless a license
is issued to him/her pursuant to a judgment ordering it.
A.
No license shall be issued under this chapter except upon payment of a fee as established in Chapter 180, Municipal Fees, and the full fee shall be required irrespective of when during the year a license is issued.
B.
No prorating, rebate, or refund of any license fee or part thereof
shall be made by reason of nonuse of the license. The City Manager
and/or his/her designee shall have the authority to refund a license
fee only if the license fee was collected through an error.
A peddler or solicitor issued a license under the provisions
of this chapter shall, at all times while engaged in peddling or soliciting
in the City, display upon his/her person such license and shall exhibit
such evidence upon request to all police officers, City officials,
and citizens.
Each peddler/solicitor license granted under this chapter shall
be for the sole use and benefit of the person to whom it is issued
and shall not be transferable.
A duplicate license shall be issued by the City Manager and/or his/her designee to replace any license previously issued which has been lost, stolen, defaced, or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to that fact, a passport compliant photograph of the licensee being provided, and payment of the fee as set forth in Chapter 180, Municipal Fees.
The applicant shall not have any convictions of a felony or
misdemeanor within five years preceding the date of the application.
The City Manager may waive the background check requirement upon written
request.
It shall be unlawful for any peddler or solicitor to enter upon
any private property when such property is included in the City's
No Solicitation Registry or has a sign posted stating "no peddlers
allowed" or "no solicitations allowed" or other words to such effect.
It shall be unlawful for any peddler or solicitor to engage
in the business of peddling or soliciting within the City between
the hours of 7:00 p.m. and 9:00 a.m., except by specific appointment
with or invitation from the prospective customer.
Any peddler or solicitor who enters upon premises owned, leased,
or rented by another and refuses to leave such premises after having
been notified by the owner or occupant of such premises, or his/her
agent, to leave the same and not return to such premises shall be
subject to a penalty.
It shall be unlawful for any peddler or solicitor to make false
or fraudulent statements concerning the goods, wares, merchandise,
or services for the purpose of inducing another to purchase the same.
No person engaged in soliciting or peddling shall hawk or cry
his/her goods, wares, merchandise, articles, contracts, or services
upon any of the streets or sidewalks of the City, nor shall be/she
use any loudspeaker or horn or any other device on public property
for announcing his/her presence by which members of the public are
annoyed.
No person engaged in soliciting or peddling shall park any vehicle
upon any of the streets or alleys of the City in order to sort, rearrange,
or clean any of his/her goods, wares, or merchandise or any samples,
order books, contracts, circulars, literature, or advertising matter
pertaining thereto, nor may any such person place or deposit any refuse
upon any such street or alley, or peddling or soliciting office by
parking any vehicle upon any street or alley in the City for longer
than necessary in order to solicit from or peddle to a person residing
in the immediate vicinity.
Notwithstanding any other provision, no person shall sell merchandise
at any public function held in the City, on lands owned by the City,
without first obtaining written permission therefor from the City
Manager and/or his/her designee.
No peddler or solicitor shall peddle, solicit, or do business
of any nature whatsoever in the following areas:
A.
Public property in any commercial zone of the City as defined and described in Chapter 440, Zoning, and the Zoning Map of the City;
B.
Any location on private property except at the property's primary
entrance;
C.
Private property located in any commercial zone as defined in this
section without obtaining prior written approval of the private property
owner;
D.
Within 200 feet of any church or place of worship, or any place occupied
exclusively as a public or private school or for school purposes;
E.
Upon any of the streets, alleys, or sidewalks for the City, with
or without any stand or counter;
F.
In a roadway, roadway median, or the shoulder of a roadway anywhere
within the City to solicit money or to distribute any material to
the occupant of any motor vehicle.
Peddlers and solicitors operating in the City shall at all times
be in compliance with all City codes and ordinances. Each licensee
shall refrain from peddling or soliciting after expiration of his/her
license and during the period his/her license is revoked.
A.
The City Manager and/or his/her designee shall make or have made
all investigations reasonably necessary to the enforcement of this
chapter.
B.
The City Manager may order a peddler or solicitor to cease operations
in the City and suspend his/her license (if a license has been obtained)
for any of the following reasons:
(1)
The peddler or solicitor is found to be operating in violation of
the terms of this chapter.
(2)
The peddler or solicitor is in violation of any regulations of the
Code of the City of Harrington or the laws of the State of Delaware.
(3)
Any public safety authority having jurisdiction has requested that
the business activities cease until certain conditions have been remedied.
C.
The City shall provide the peddler or solicitor with written notice
of the violation(s), which notice shall state that the peddler or
solicitor shall be ordered to cease operations and his/her license
(if applicable) shall be revoked without further notice if within
10 business days of the date of the notice the peddler or solicitor
fails to remedy the violations or file an appeal with the City Council.
The written notice shall be either personally delivered or sent via
certified mail, return receipt requested, to the peddler or solicitor.
If the peddler or solicitor does not remedy the violations or appeal
the determination of the City Manager within the prescribed time period,
the peddler or solicitor shall not be permitted to operate in the
City until such violations have been remedied. Notwithstanding the
foregoing, notice shall not be required to order a peddler or solicitor
to cease operations in any emergency situation that causes an immediate
threat to the health, safety, or general welfare of the public.
A.
Any person aggrieved by any decision of the City Manager and/or his/her
designee shall have the right to appeal to the City Council by filing
a written appeal with the City Council within 10 days following the
date of the notice of violation or decision complained of. The appeal
shall set out a copy of the notice of violation or decision appealed
from and shall include a statement of facts relied upon to avoid the
order.
B.
The City Council shall fix a time and place for hearing the appeal
and shall serve written notice upon the person requesting the appeal
informing him/her of the hearing. The hearing may be held as part
of a regularly scheduled City Council meeting. The findings of the
City Council shall be final and conclusive and shall be served upon
the person who requested the appeal.
A.
Any peddler or solicitor operating within the City without a valid peddler/solicitor license will be subject to penalties for failure to obtain a license as established in Chapter 180, Municipal Fees.
B.
A notice of violation issued by the City Manager and/or his/her designee
will stay in effect until the peddler or solicitor complies with all
conditions associated with the issuance of a valid peddler/solicitor
license, including annual license and penalty fees.
C.
Continued violation of any provision of this chapter is subject to fines in accordance with Chapter 180, Municipal Fees.
D.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense.
E.
The amount of any unpaid penalty, including the unpaid license fee,
shall constitute a debt owed to the City, and the City may institute
a civil suit or use any other lawful methods authorized by the City
Charter or the laws of the State of Delaware to recover any unpaid
fee.
