[Ord. No. 3351 § 1, 1-18-2016[1]]
As used in this Chapter, the following word has the meaning
indicated:
Peddler shall mean a person who attempts to make personal
contact with a resident at his/her residence, without prior specific
invitation or appointment from the resident, for the primary purpose
of attempting to sell a good or service for profit to himself/herself
or his/her principal, or seeks a donation for any cause of a profit-making
or commercial character .
[Ord. No. 3351 § 1, 1-18-2016]
This Chapter shall not apply to a Federal, State or local government
employee or a public utility employee in the performance of his/her
duty for his/her employer. The provisions of this Chapter shall not
apply to solicitations, sales or distributions made by charitable,
educational or religious organizations which have their principal
place of activity in the City.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A.
No
person shall, as a peddler, attempt to make personal contact with
a resident at his/her residence with prior specific invitation or
appointment from the resident unless that person obtains from the
Chief of Police an identification card in accordance with the provisions
of this Article.
B.
Applications
for peddler's identification cards may be filled out at the Police
Department on forms provided by the Police Department.
[1]
Editor's Note: The title of this Section also changed to remove
references to Solicitor's and Canvassers.
[Ord. No. 3351 § 1, 1-18-2016]
The identification cards for peddlers required by this Article
are in addition to and not in lieu of any business license such persons
may be required to obtain under the provisions of this Code.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A.
Five
(5) working days after the application. or sooner if reasonably possible,
the requested peddler's or solicitor's identification card shall be
issued, unless:
1.
The application fee is incomplete.
2.
The required fee has not been paid.
3.
The applicant for whom a card is requested has been convicted of
any felonies or any conviction including non-felony convictions resulting
from a change related to peddling or soliciting.
4.
Any statement upon the application is false.
5.
The applicant for who an identification card is requested has had
a previous identification card revoked.
[1]
Editor's Note: The title of this Section was also changed
from "Contents of Application" to "Issuance – Grounds For Denial."
[Ord. No. 3351 § 1, 1-18-2016;[1] Ord. No. 3650, 5-1-2023]
Any person desiring a peddler's identification card shall pay
the applicable fee established in the City's Comprehensive Schedule
of Fees.[2]
[Ord. No. 3351 § 1, 1-18-2016[1]]
If the Chief of Police denies a peddler's or solicitor's identification
card to any person, he/she shall promptly notify the applicant.
[1]
Editor's Note: The title of this Section was also changed
from "Investigation" to "Notification of Denial."
[Ord. No. 3351 § 1, 1-18-2016[1]]
If an identification card is denied to an applicant the applicant
may, within ten (10) days of the denial, make application to the City
Clerk for a hearing thereon before the Board of Aldermen. In such
cases, the hearing shall be held at the next regular meeting of the
Board of Aldermen.
[1]
Editor's Note: The title of this Section was also changed
from "Application Fee" to "Hearing After Denial."
[Ord. No. 3351 § 1, 1-18-2016[1]]
Each identification card shall be worn on the outer clothing
of the peddler when the individual for whom it was issued is acting
as a peddler so as to be reasonably visible to any person who might
be approached by said peddler or solicitor.
[1]
Editor's Note: The title of this Section was also changed
from "False Information" to "Display."
[Ord. No. 3351 § 1, 1-18-2016]
At the time of making application for a permit required by this
Article, the applicant may be required to submit to fingerprinting
by the Chief of Police.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A.
Any
identification card granted pursuant to this Article may be revoked
by the Chief of Police after the finding of:
1.
Any violation of this Article by the applicant or the person for
whom the particular card was issued; or
2.
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity; or
3.
Conviction of a crime of moral turpitude; or
4.
Conducting the activity in such a manner as to constitute a breach
of the peace or a menace to the health, safety or general welfare
of the public.
[1]
Editor's Note: The title of this Section was also changed
from "Fee" to "Revocation."
[Ord. No. 3351 § 1, 1-18-2016[1]]
No person having a peddler's identification card shall loan,
transfer, or allow in any manner another person to use his/her card.
[1]
Editor's Note: The title of this Section was also changed
from "Bond" to "Transfer."
[1]
Editor's Note: Former Section 610.140, Administrative Revocation,
was removed at the direction of the City with the inclusion of Ord.
No. 3351.
[Ord. No. 3351 § 1, 1-18-2016[1]]
A.
No
person shall engage in acts as a peddler within the City limits except
from 9:00 a.m. until 8:00 p.m. Monday through Friday and from 10:00
a.m. until 8:00 a.m. on Saturday and Sunday.
B.
No
person having a peddler's identification card shall:
1.
Enter or remain on private property where they have reason to believe
that the residents thereof have indicated the solicitor, peddler,
or canvasser is not welcome.
2.
Make an uninvited entry into a resident's home.
3.
Refuse to discontinue their message when requested by a hearer to
do so when on private property occupied by the hearer.
4.
Enter upon any private property knowing or having reason to believe
that the owner or occupants do not desire to receive messages from
any solicitor, peddler, or canvasser either by a posted sign or otherwise.
[1]
Editor's Note: The title of this Section was also changed
from "Hearing On Appeal" to "Prohibited Actions."
Each identification card shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) worn on the outer
clothing of the individual, as so to be reasonably visible to any
person who might be approached by said person.
An identification card shall be valid within the meaning of
this Chapter for a period of sixty (60) days from its date of issuance.
A.
In
addition to the administrative revocation of an identification card,
a card may be revoked for any of the following reasons:
1.
Any violation of this Chapter by the applicant or by the person for
whom the particular card was issued.
2.
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity.
3.
Conviction of any felony or a misdemeanor involving moral turpitude
within the last seven (7) years.
4.
Conducting the activity in such a manner as to constitute a breach
of the peace or a menace to the health, safety or general welfare
of the public.
Any peddler 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 deemed guilty of
a misdemeanor.
It shall be unlawful for any peddler to enter upon any private
premises when such premises are posted with a sign stating "No Peddlers
Allowed" or "No Solicitations Allowed" or other words to such effect.
It shall be unlawful for any peddler to make false or fraudulent
statements concerning the quality or nature of his/her goods, wares,
merchandise or services for the purpose of inducing another purchase
the same.
It shall be unlawful for any peddler to engage in the business
of peddling within the City between the hours of one-half (½)
hour before sunset and 9:00 A.M. the following morning or at any time
on Sundays, except by specific appointment with or invitation from
the prospective customer.
A.
In
addition to the other regulations contained herein, a solicitor or
canvasser leaving handbills or commercial flyers about the community
shall observe the following regulations:
1.
No handbill or flyer shall be left at or attached to any sign, utility
pole, transit shelter or other structure within the public right-of-way.
The Police are authorized to remove any handbill or flyer found within
the right-of-way.
2.
No handbill or flyer shall be left at or attached to any privately
owned property in a manner that causes damage to such privately owned
property.
3.
No handbill or flyer shall be left at or attached to any of the property having a "no solicitor" sign of the type described in Section 610.200.
4.
Any person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (either by producing an
identification card or other form of identification). This is for
the purpose of knowing the likely identity of the perpetrator if the
City receives a complaint of damage caused to private property during
the distribution of handbills or flyers.
A.
No
peddler, solicitor or canvasser shall:
1.
Enter upon any private property where the property has clearly posted
in the front yard a sign visible from the right-of-way (public or
private) indicating a prohibition against peddling, soliciting and/or
canvassing. Such sign need not exceed one (1) square foot in size
and may contain words such as "no soliciting" or "no solicitors" in
letters of at least two (2) inches in height. (The phrase "no soliciting"
or "no solicitors" shall also prohibit peddlers and canvassers.)
2.
Remain upon any private property where a notice in the form of a
sign or sticker is placed upon any door or entrance way leading into
the residence or dwelling at which guests would normally enter, which
sign contains the words "no soliciting" or "no solicitors" and which
is clearly visible to the peddler, solicitor or canvasser.
3.
Use or attempt to use any entrance other than the front or main entrance
to the dwelling, or step from the sidewalk or indicated walkway (where
one exists) leading from the right-of-way to the front or main entrance,
except by express invitation of the resident or occupant of the property.
4.
Remove any yard sign, door or entrance sign that gives notice to
such person that the resident or occupant does not invite visitors.
5.
Enter upon the property of another except between the hours of one-half
(½) hour before sunset and 9:00 A.M. the following morning
or at any time on Sundays.
B.
Except
that the above prohibitions shall not apply when the peddler, solicitor
or canvasser has an express invitation from the resident or occupant
of a dwelling allowing him/her to enter upon any posted property.
Any person violating any part of this Chapter shall have committed
a trespass on such property and shall be prosecuted under the general
trespass ordinance of the City. The penalty for such violation shall
be the same as for any other trespass.
