Cross References — begging, §210.690; obstruction of streets, sidewalks, §210.230.
[CC 1979 §14-54; Ord. No. 88-312 §2, 2-1-1988; Ord. No. 09-1954 §1, 9-21-2009]
For the purposes of this Chapter, certain words and phrases shall be defined as follows:
- CHARITABLE SOLICITATION CAMPAIGN
- Any course of conduct involving a solicitor whose activities in soliciting property or financial assistance of any kind or in selling or offering to sell any article, tag, service, emblem, publication, ticket, subscription or anything of value is made on the representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. The term "charitable solicitation campaign" specifically includes activities that are commonly known as "tag days" and "charitable toll roads".
- CITY ADMINISTRATOR
- The City Administrator of the City of Manchester.
- PERSON SOLICITED
- Any person who is approached for the purpose of attempting to transact a solicitation under this Chapter.
- Any individual:
- 1. Traveling by foot, wagon, automobile, motor truck or any type of conveyance from house to house or place to place; or
- 2. Positioned on or near a street corner, public way or place of public assembly or congregation; or
- 3. Located in or near the roadway or right-of-way of a roadway, any of which is for the purpose of:
- a. Soliciting property or financial assistance of any kind;
- b. Selling or offering for sale any article, tag, service, emblem, publication or ticket; or
- c. Taking or attempting to take orders for sale of goods, wares, books, charts, maps, magazines, or other merchandise for future delivery, or for services to be furnished or performed then or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she collects advance payments on such sales or not; provided however, that the provisions of this Article shall not apply to salesmen soliciting orders from or selling to retail dealers for resale, wholesalers, and manufacturers for manufacturing purposes, or to bidders for public works or supplies. The term "solicitor" shall include a canvasser and salesman and shall exclude a peddler.
[CC 1979 §14-55; Ord. No. 88-312 §2, 2-1-1988; Ord. No. 09-1954 §1, 9-21-2009]
No person shall solicit in the City of Manchester as a solicitor as defined in this Chapter.
Any individual, group, organization, corporation or religious organization (collectively the "organization") desiring to solicit in the City as a charitable solicitation campaign as defined in this Chapter shall first apply for a solicitation permit on an application furnished by the City Administrator. This form shall require the following information to be furnished:
The name of the organization.
The address of the organization.
The legal form of the organization.
The purposes of the organization.
Proof of charitable exemption approval by the Internal Revenue Service of the United States.
Purpose of desired charitable solicitation campaign.
The names and addresses of the person(s) in charge of and who are supervising the others in the organization.
Whether any orders will be solicited for sales of products or tags, emblems, publications, or tickets or services as part of the charitable solicitation campaign.
Whether products, tags, emblems, publications, or tickets or services will be offered for sale at the time of solicitation by the charitable solicitation campaign.
The number of persons intended to be engaged in the charitable solicitation campaign.
No charitable solicitation campaign shall be conducted in the City unless a permit for same has been issued by the City Administrator.
No charitable solicitation campaign shall be conducted at intersections of or on a highway or roadway within the City limits.
Charitable solicitation campaigns may only be conducted in the commercial districts of the City if permission has been obtained from the property owner or tenant to solicit in such districts, such permission to be in such form as the City Administrator shall reasonably determine acceptable. Letter, fax or e-mail may be deemed acceptable if sufficiently clear and certain. Charitable solicitation campaigns permitted by a property owner or tenant shall be confined to such owner/tenant's property or on property in front of their business location, but not, in any event, in the public right-of-way.
No charitable solicitation campaign shall be conducted on any property in the residential districts of the City displaying a "no solicitation" sign or its equivalent or in any subdivision displaying a general "no solicitation" sign, or its equivalent, applicable to all residences in the Subdivision.
[CC 1979 §14-56; Ord. No. 88-312 §2, 2-1-1988; Ord. No. 09-1954 §1, 9-21-2009]
Upon receipt of the application as provided in Section 610.020, the City Administrator shall make or cause to be made such investigation as shall be deemed necessary in regard thereto. If satisfied that such charitable solicitation campaign is to be for a bona fide charitable, patriotic or philanthropic purpose, that such campaign is promoted solely by a desire to finance the cause in question, that the organization conducting the campaign is under the control and supervision of responsible and reliable person(s), then the City Administrator shall, upon the payment of a fee of ten dollars ($10.00) by the applicant, issue such permit. The permit shall designate the total number of persons allowed to participate in the charitable solicitation campaign as declared in the application for the charitable solicitation permit. Such permit shall be non-transferable and shall not run for more than thirty (30) days.
The City Administrator, upon receipt of a written request for an extension of time filed prior to the expiration date of the charitable solicitation permit, may authorize the extension of the time period for the conducting of the charitable solicitation campaign set forth in the charitable solicitation permit for additional periods of not to exceed seven (7) days each; provided however, in no case shall more than two (2) such extensions be authorized by the City Administrator with respect to the original charitable solicitation permit.
[CC 1979 §14-57; Ord. No. 88-312 §2, 2-1-1988; Ord. No. 09-1954 §1, 9-21-2009; Ord. No. 10-1976 §1, 4-5-2010]
Except as otherwise provided for herein, every person engaged in a charitable solicitation campaign in the residential districts of the City and conducted by an organization granted a charitable solicitation permit shall carry an identification card furnished by the City Administrator upon his/her person while such campaign is underway. The identification card shall include the name of the permit holder, the name and signature of the person to whom the identification card is issued, the signature of the permit holder, the expiration date of the identification card, the permit number and such other information as may be required by the City Administrator. Identification cards shall be shown, upon request, to any Police Officer, official representative of the City or the person solicited. The provisions hereof shall not apply if more than ten (10) persons, all of whom are under the age of seventeen (17), are engaged in a charitable solicitation campaign in the residential districts of the City, in which event identification cards need only be issued to and carried by those persons in charge of and supervising those persons engaged in such campaigns.
For all charitable solicitation campaigns conducted in the commercial districts of the City, the organization shall post the permit, or its equivalent, issued by the City pursuant to Section 610.030 above, such to be posted during all times such campaign is under way and shall be posted at a conspicuous space at the site of such campaign.
In the event the permit holder shall be granted one (1) or more extensions of the time period for conducting the charitable solicitation campaign, the City Administrator shall alter the expiration date set forth in the identification card or permit.
[CC 1979 §14-58; Ord. No. 88-312 §2, 2-1-1988; Ord. No. 09-1954 §1, 9-21-2009]
No person shall engage in any course of conduct as a charitable solicitation campaign as defined in this Chapter within the City between the hours of 9:00 P.M. and 9:00 A.M. the following day.
[Ord. No. 09-1954 §1, 9-21-2009]
Charitable solicitation campaigns shall be prohibited at any location where the owner or occupant shall provide notice that solicitation is prohibited. Any attempt at solicitation after such notice shall be deemed a trespass as defined in this Code and be punishable under this Code.
[CC 1979 §19-69; Ord. No. 71-378, 5-3-1971; Ord. No. 09-1954 §1, 9-21-2009]
No person shall solicit contributions in a park for any purpose, whether public or private. Solicitation of any business or service in a park is prohibited. No person shall offer or advertise merchandise or other goods for sale or hire in a park. The maintaining of a concession or the use of any park facility for commercial purposes is prohibited, except upon written consent of the City. Nothing herein shall apply to the City's annual Homecoming.
[CC 1979 §14-1; Ord. No. 68-137 §87, 9-16-1968; Ord. No. 09-1954 §1, 9-21-2009]
It is unlawful to vend or distribute merchandise or materials from a vehicle, stand or otherwise within the limits of the City upon any highway, road or street, except under such license, conditions and regulations prescribed by City ordinances; but in no instance shall such vending be permitted or authorized where the same causes, or may tend to cause, traffic confusion or interferes with the free and unhindered progression of traffic.