[R.O. 2016 § 615.010; CC 1994 § 18.100]
A.
As used in this Chapter, a "charitable
solicitor" is defined as an individual, whether resident of the City
of Park Hills or not, traveling either by foot, wagon, automobile,
motor truck, or any other type of conveyance, from place to place,
from house to house, from street to street, or from a vehicle parked
on public property or City streets soliciting money or property for
any charitable, religious, patriotic, or philanthropic purpose or
to sell, take orders, or attempt to take orders, for sale of goods,
wares, merchandise, or personal property whatsoever with the representation
that the transaction or profit derived therefrom would be for the
benefit or use of any charitable, religious, patriotic, or philanthropic
purpose or organization.
B.
This Chapter is not applicable to any activity
where the solicitation or proposed sale is requested only from recognized
members of the organization undertaking such activity.
[R.O. 2016 § 615.020; CC 1994 § 18.105]
It shall be unlawful for any charitable solicitor, as defined in Section 615.010 of this Chapter, to engage in such business in the corporate limits of the City of Park Hills without first obtaining a permit in compliance with the provisions of this Chapter.
[R.O. 2016 § 615.030; CC 1994 § 18.110]
A.
Applicants for permits under this Chapter
must file with the City Administrator a sworn application in writing
(in duplicate) on a form to be furnished by the City Administrator,
which shall give the following information:
1.
Name of the person or organization
applying for the permit, including Social Security Number or Federal
Identification Number if an organization is applicant.
2.
The address of applicant.
3.
If an organization is applicant,
the name and address of its principal officers and the person in direct
charge of such solicitation.
4.
The purpose for which the solicitation
is made.
5.
If an organization applies for such
permit, then the name and address of each person who is to conduct
the solicitation must be named and a separate identification permit
issued to each person; each person soliciting shall be subject to
approval.
6.
The beginning and ending of the period
of such solicitation, which shall not extend beyond one (1) consecutive
week. Renewals may be granted on subsequent applications.
7.
A statement as to whether or not
the applicant or any person who is to conduct the solicitation has
previously been convicted of any felony or crime involving moral turpitude.
[R.O. 2016 § 615.040; CC 1994 § 18.115]
A.
Upon receipt of such application, the original
shall be referred to the Chief of Police, who shall cause such investigation
of the applicant's criminal record to be made as he/she deems necessary
for the protection of the public good.
B.
If as a result of such investigation, the
applicant's record is found to contain a conviction of a crime involving
moral turpitude during the past five (5) years, the Chief of Police
shall endorse on such application his/her disapproval and his/her
reasons for the same and return the said application to the City Administrator,
who shall notify the applicant that his/her application is disapproved
and that no permit will be issued. The applicant shall be informed
of the basis for disapproval and notified that he/she has the right
of appeal to the City Council.
C.
If, as a result of such investigation,
the criminal record of the applicant is found to be satisfactory,
the Chief of Police shall endorse on the application his/her approval
and return the application to the City Administrator, who shall, without
fee, deliver to the applicant his/her permit. Such permit shall contain
the signature and seal of the City Clerk and shall show the name and
address of the person who is to solicit and the name of the permit
holder and the date of issuance and the length of time the same shall
be operative. The City Administrator shall keep a permanent record
of all licenses issued.
[R.O. 2016 § 615.050; CC 1994 § 18.120]
A.
Solicitors are required to exhibit their
permits at the request of any citizen being solicited.
B.
No soliciting shall be permitted, under
this Chapter, between the hours of 6:00 P.M. and 9:00 A.M. from December
through March of each year or between the hours of 7:00 P.M. and 9:00
A.M. from April through November of each year.
[R.O. 2016 § 615.060; CC 1994 § 18.125]
It shall be the duty of any Police
Officer of the City to require any person seen soliciting and who
is not known by such officer to have a permit, to produce his/her
permit, and to enforce the provisions of this Chapter against any
person found to be violating same.
[R.O. 2016 § 615.070; CC 1994 § 18.130]
A.
Permits issued under the provisions of
this Chapter may be revoked by the City Administrator of the City
for any of the following causes:
B.
Written notice of such revocation shall
subsequently be given to the solicitor setting forth specifically
the grounds of complaint and the right to request a hearing at the
next meeting of the City Council following receipt of notice. Such
notice shall be mailed, postage prepaid, to the licensee at his/her
last known address within forty-eight (48) hours following the revocation,
or by hand delivering a copy to such solicitor.
[R.O. 2016 § 615.080; CC 1994 § 18.135]
Any person aggrieved by the action
of the City Administrator in the denial of a permit or revocation
of a permit under this Chapter shall have the right of appeal to the
City Council of the City of Park Hills. Such appeal shall be taken
by filing with the City Clerk, within fourteen (14) days after notice
of the action complained of has been mailed to such person's last
known address, a written statement setting forth fully the grounds
for the appeal. The City Council shall set a time and place for a
hearing on such appeal and notice of such hearing shall be given to
the appellant.
[R.O. 2016 § 615.090; CC 1994 § 18.140]
Any person violating any of the provisions
of this Chapter shall, upon conviction thereof, be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment not
to exceed three (3) months or, by both such fine and imprisonment.
