[Adopted 4-8-1996 by Ord. No. 1603 (Ch. 13, Part 3A, of
the 1997 Code of Ordinances)]
The following words, terms and phrases, and their derivations,
when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
Includes the words patriotic, philanthropic, religious, social
service, health, welfare, benevolent, educational, civic, cultural
or fraternal, either actual or purported.
Includes the words alms, money, subscription, property or
any donations under the guise of a loan or money or property.
Any person who goes upon the premises of any private residence
in the City, not having been invited by the occupant thereof, carrying
or transporting goods, wares, merchandise or personal property of
any nature and offering the same for sale. This definition also includes
any person who solicits orders and, as a separate transaction, makes
deliveries to purchasers.
Includes all activities ordinarily performed by a peddler,
as indicated under the definition "peddler" in this section.
A natural person or any firm, corporation, association, club,
society or any other organization.
All activities ordinarily performed by a solicitor, as indicated
under the definition of "solicitor" in this section.
Any person who goes upon the premises of any private residence
in the City, not having been invited by the occupant thereof, for
the purpose of taking or attempting to take orders for the sale of
goods, merchandise, wares or other personal property of any nature
for future delivery, or for services to be performed in the future.
This definition includes solicitation of appraisal services and solicitation
of the purchase of tangible personal property. This definition does
not include any person who, without invitation, goes upon private
property to request contribution of funds or anything of value or
to sell goods or services for political, charitable or religious purposes.
It shall be unlawful for any person to engage in peddling or
solicitation activities within the City of Warren without first obtaining
a permit issued by the City of Warren; provided, however, that the
following are exempted from the provisions of this section:
A.
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made.
B.
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation.
C.
Any solicitation for the benefit of a charitable, registered nonprofit
organization.
Every person subject to the provisions of this article shall
file with the City of Warren an application in writing on a form to
be furnished by the City which shall provide the following information:
A.
Name (including all previous names used), date of birth, social security
number, local address (if any), telephone number, address and identification
of the applicant, to be provided through the applicant's driver's
license or other legally recognized form of identification.
B.
A brief description of the business or activity to be conducted.
C.
The hours and location for which the right to peddle or solicit is
desired.
D.
If employed, the name, address and telephone number of the employer
or, if acting as an agent, the name, address and telephone number
of the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the case may be.
E.
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or ordinance violation (other than traffic
violations), the nature of the offense or violation, disposition and
the date when and place where such offense occurred.
F.
A list of the last three municipalities in which the applicant has
registered to solicit and has conducted solicitations.
G.
Two photographs of the applicant, which shall have been taken within
60 days immediately prior to the date of filing of the application.
The photographs shall show the head and shoulders of the applicant
in a clear and distinguishing manner.
[Amended 12-8-1997 by Ord. No. 1622]
At the time the license is issued by the City, the applicant
shall pay a fee to cover the cost to the City of processing the application
and investigating the facts stated therein. The permit fee shall be
in an amount as established from time to time by resolution of City
Council.
A.
Upon receipt of an application, the Chief of Police or authorized
representative shall review the application as deemed necessary to
ensure the protection of the public health, safety and general welfare.
B.
If the Chief of Police finds the application to be satisfactory,
the Chief shall endorse his approval or disapproval on the application
and shall forward the application to the City Manager.
C.
The City Manager shall, upon payment of the prescribed fee, approve and issue the license, except that any of the grounds set forth in § 349-30, below, shall require disapproval.
D.
The permit shall show the name, address and photograph of the permittee,
the kind of goods or services to be sold or delivered, the date of
issuance and the length of time that the permit shall be in effect.
The permit shall also show the permit number and identifying description
of any vehicle to be used in carrying on the business for which the
permit is issued.
E.
A record of all permits issued shall be maintained by the Department
for a minimum period of two years.
A.
Upon the review of the endorsement of the Chief of Police, the City
Manager or his designee may refuse to issue a permit to the applicant
under this article for any of the following reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers.
(2)
An investigation reveals that the applicant falsified information
on the application.
(3)
The applicant has been convicted of a felony, any misdemeanor or
violation of any statute involving a sex offense, trafficking in controlled
substances or any violent act against persons or property, such conviction
being entered within the five years preceding the date of application.
(4)
The applicant is a person against whom a judgment based upon or a
conviction for fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application.
(5)
There is no proof as to the authority of the applicant to serve as
an agent to the principal.
(6)
The applicant has been denied a permit within the immediate past
year, unless the applicant can and does show to the satisfaction of
the Chief of Police that the reasons for such earlier denial no longer
exist.
B.
The City Manager's disapproval and the reasons for disapproval shall
be noted on the application, and the applicant shall be notified that
his application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form or at the applicant's last known address.
All permits issued under the provisions of this article shall
expire one year from the date of issuance, unless an earlier expiration
date is noted on the permit.
Every person required to obtain a permit under the provisions
of this article shall exhibit the permit when requested to do so by
any prospective customer or City employee.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the City where the owner, occupant
or person legally in charge of the premises has posted, at the entry
to the premises or at the entry to the principal building on the premises
or at the entrance to any dwelling unit upon the premises, a sign
bearing the words "No Peddlers," "No Solicitors," or words of similar
import. No peddler or solicitor shall remain upon private premises
after orally being directed to leave by the owner, occupant or person
in charge.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 9:00 p.m. and 9:00 a.m.
Any permit issued under this article may be revoked or suspended
by the City Manager, after notice and hearing, for any of the following
reasons:
A.
Fraud, misrepresentation or false statement contained in the application
for a permit.
B.
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities.
C.
Conducting peddling or solicitation activities contrary to the provisions
contained in the permit.
D.
Conviction for any crime involving moral turpitude.
E.
Conducting peddling or solicitation activities in such a manner as
to create a public nuisance, constitute a breach of the peace or endanger
the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under
this article shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be hand delivered or mailed by first class
mail to the permittee at the address shown on the permit application
or at the last known address of the permittee.
A.
Any person aggrieved by the action or decision of the City Manager
to deny, suspend or revoke a permit applied for under the provisions
of this article shall have the right to appeal such action or decision
to the City Council within 15 days after the notice of the action
or decision has been mailed to the person's address as shown on the
permit application form or to his last known address.
B.
An appeal shall be taken by filing with the Chief of Police a written
statement setting forth the grounds for the appeal.
C.
The Chief of Police shall transmit the written statement to the City
Manager within 10 days of its receipt, and the City Manager shall
set a time and place for a hearing on the appeal before City Council.
D.
A hearing shall be set not later than 45 days from the date of receipt
of the appellant's written statement.
E.
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
F.
The decision of the City Council on the appeal shall be final and
binding on all parties concerned.
[Amended 12-8-1997 by Ord. No. 1622]
A.
Violation of any of the provisions of this article shall be treated
as a summary offense and shall, upon conviction, be punishable as
a summary offense.
B.
In addition to any criminal enforcement, the City or any individual
may pursue any available civil remedies deemed appropriate and necessary.
C.
Any person, firm or corporation violating any of the provisions of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $200 and not to exceed $600 plus costs and,
in default of payment of said fine and costs, to imprisonment for
a term not to exceed 30 days. Each day that a violation of this article
continues shall constitute a separate offense.
