[HISTORY: Adopted by the Common Council of the City of Linwood 5-26-1976 by Ord. No. 7-1976. Amendments noted where applicable]
No person except as provided herein shall canvass, solicit, distribute circulars or other matter or call from door to door or place to place in the City of Linwood without first registering with the Chief of Police or, in his absence, the officer in charge of the Police Department.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Includes itinerant vendors of merchandise who shall go from door to door in this City selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatever. "Merchandise" within the terms of this chapter shall include magazines, periodicals, books and orders or contracts for a service home improvement or alterations. For the purpose of this chapter, a "canvasser" or "solicitor" shall also be deemed to be one who is not in the business of selling goods, but one who makes surveys for research purposes, analyses, opinion polls, rating data and any such similar work which by its nature involves a door to door or place to place activity, and shall include persons going from door to door or place to place for the purpose of contributions, donations or alms for any persons or organization.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and for the general protection, health and welfare of the residents of the City of Linwood.
Each registrant shall, at the time of registering, file with the Chief of Police an application in writing which shall give the following information:
Name, age and physical description of applicant.
Complete permanent home and local address of applicant.
Name and address of the organization or person for whom solicitation is being made.
Description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine whether or not the business he is to transact is interstate or intrastate commerce.
Two photographs of the applicant, which shall be approximately 2 1/2 inches by 2 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
The days, dates and route of his business in the City of Linwood, which shall be between the hours of 9:00 a.m. and 5:00 p.m.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the City and the number of his driver's license and the state of issuance.
A separate registration must be made for every solicitor, agent or employee soliciting within the City limits.
Each registrant, upon being so registered, shall be issued forthwith a registration certificate by the Chief of Police, subject to § 111-8 below, upon which shall be affixed one photograph of the applicant signed by the Chief of Police so that part of his signature covers part of the photograph.
Each registrant shall carry the registration certificate at all times when in the City and shall exhibit it to any citizen or police officer upon request. At the conclusion of each day's canvassing or soliciting, the registration card shall be deposited with the Police Department.
[Amended 7-11-2007 by Ord. No. 16-2007]
After a lawful criminal background investigation is conducted and an application for canvassing or soliciting is disapproved by the Chief of Police for reasons of reported unethical business practices or a previous violation(s) of law, the applicant may appeal that decision to the City Council. City Council shall set a date, time and place for the hearing within 10 days of the date that the appeal was filed by the applicant. At the time of the hearing, the applicant will be given an opportunity to present his/her reasons why the registration certificate should be issued. The decision of the City Council shall be final.
Every person to whom a registration certificate is issued under the terms of this chapter shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
No person subject to the provisions of this chapter shall canvass, solicit or distribute circulars or other matter except during the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.
No person subject to the terms of this chapter shall enter or attempt to enter the house or apartment of any resident in the City of Linwood without an express invitation from the occupant of the house or apartment.
No person subject to the terms of this chapter shall conduct himself in such a manner as to become objectionable to or annoy any person while soliciting within the City limits.
No person subject to this chapter shall make any solicitation within the City limits where solicitors are notified by sign that soliciting is prohibited.
Any person, organization or society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit or have solicited in its name money, property or financial assistance shall be exempt from § 111-4 of this chapter, provided that there is filed with the Chief of Police an application in writing giving the following information:
Any person violating the terms of this chapter, whether as an individual, principal or agent or employee of another, shall, upon conviction in the Municipal Court of the City of Linwood, be subject to a fine not to exceed $200 or to imprisonment in the county jail not exceeding 90 days, or both, in the discretion of the Municipal Court.