§ 840.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CANVASSER. Any person traveling either by foot, automobile, truck or any other type of conveyance from place to place, door to door or from street to street who obtains or seeks to obtain or influences the opinions of the residents of the city, upon the private residences including any house, apartment or other dwelling in the city, who also may or may not obtain or seek to obtain funds for any cause whatsoever;

   PEDDLER. Any person traveling either by foot, automobile, truck or any other type of conveyance from place to place, door to door or from street to street, taking or attempting to take orders for profit by the sale of goods, wares and merchandise or personal property of any nature whatsoever for immediate delivery.

   SOLICITOR. Any person traveling either by foot, automobile, truck or any other type of conveyance from place to place, door to door or from street to street, taking or attempting to take orders for profit by the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for the services to be furnished or performed in the future;

(Ord. 53-98, passed 3-23-1998; Ord. 22-169, passed 12-12-2022)

§ 840.02 PERMIT AND REGISTRATION REQUIRED.

   (a)   No peddler or solicitor shall peddle or solicit within the city unless he or she is registered pursuant to § 840.03 and the holder of a valid permit issued pursuant to § 840.04.

   (b)   Any canvasser is encouraged to notify the Division of Police before obtaining, seeking to obtain, or influencing the opinions of the residents of the city. Any canvasser is urged to provide the Division of Police in writing with his or her name and address, the name and address of the organization represented, and the dates, times and particular locations where canvassing is to be performed. No fee shall be charged for the notification of any canvasser. Canvassers are required to comply with the hours of restrictions listed in § 840.05. Canvassers are also required to comply with the restrictions listed in § 840.10 related to the “Do Not Knock” Registry and residents posting notices prohibiting soliciting, canvassing or peddling.

(Ord. 22-169, passed 12-12-2022)

§ 840.03 INFORMATION REQUIRED FOR REGISTRATION.

   Each applicant for a permit shall, within five days of application therefor, furnish the Police Chief or his or her authorized representative with the following information on forms provided by the city:

   (a)   The name, age, Social Security number and physical description of the applicant;

   (b)   A complete permanent and local address of the applicant along with the Social Security number or the tax identification number of the applicant’s employer;

   (c)   The name and address of the person, firm, corporation or association for whom or which the soliciting or peddling is presently being made and any other person, firm, corporation or association for whom or which the applicant has solicited during the past three years;

   (d)   A general description of the nature of the business and the goods, services or wares to be sold, or a description that is otherwise sufficient to identify the subject matter of the soliciting or peddling in which the applicant will engage;

   (e)   The names of all other municipalities in which the applicant has conducted canvassing, soliciting or peddling activities during the past 12 months;

   (f)   A statement as to whether the applicant has complied with the requirements of R.C. Chapter 1716 pertaining to charitable solicitations, if applicable;

   (g)   A statement as to whether the applicant has ever had a permit revoked, including the time and place of such revocation;

   (h)   A statement as to whether the applicant has ever been convicted of a felony violation or a misdemeanor violation involving moral turpitude, including the time and place of such conviction;

   (i)   The proposed dates and times of the solicitation or peddling;

   (j)   The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation or peddling within the city, and the number of the applicant’s driver’s license and the state of issuance of such license;

   (k)   Two photographs of the applicant of appropriate size (approximately two inches by two inches), one of which shall be attached at all times to the permit and the other of which shall be for the records of the Police Department; and

   (l)   The city income tax form which shall be filled out and filed with the application.

   (m)   A separate permit shall be required for each individual salesperson or peddler even though there may be a single employer.

   (n)   The Police Chief may require an applicant to submit to an FBI fingerprint background check.

(Ord. 53-98, passed 3-23-1998; Ord. 22-169, passed 12-12-2022)

§ 840.04 ISSUANCE OF PERMIT; TRANSFERS; DURATION.

   (a)   Issuance of permit. Not more than ten working days after completion of the application form provided for in § 840.03, and upon payment of a fee as follows:

 

For one day to one month	$15
For one year	$60

 

except that no fee shall be required from those persons excluded herein or from a charitable, religious or educational organization, as defined in R.C. § 2915.01, the Police Chief or his or her authorized representative shall, except as otherwise provided herein, issue a permit to each applicant, unless it is determined by the Police Chief or his or her authorized representative:

      (1)   That the applicant has misrepresented his or her identity or intention, or made a false, misleading or deceptive statement in providing the information required under § 840.03; or

      (2)   That the applicant has been convicted, during five years preceding the date of application, of a felony or of a misdemeanor involving moral turpitude or force or violence.

   (b)   Transfers. The permit issued hereunder shall not be transferred or assigned or used by any person other than the one to whom it is issued.

   (c)   Appeals. Any applicant who has applied for a permit in accordance with this chapter and to whom the Division of Police has, after an investigation, denied a license may appeal to the Public Safety Director. Notice of such appeal shall be filed with the Director within 20 days after the denial by the Division of Police. The Director, on appeal, may grant or reject the application for a permit.

(Ord. 53-98, passed 3-23-1998; Ord. 22-169, passed 12-12-2022)

§ 840.05 SOLICITING, CANVASSING, AND PEDDLING PERMITTED ONLY DURING CERTAIN HOURS AND PLACES.

   (a)   No person shall go upon any residential premises and ring the doorbell, or rap or knock on the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of engaging in or attempting to engage in soliciting, canvassing or peddling before 9:00 a.m or after 30 minutes following sunset of any day, from October 1 through March 31 and before 9:00 a.m. or after 9:00 p.m. of any day, from April 1 through September 30.

   (b)   Division (a) of this section shall not apply to a visit to the premises as a result of a request or an appointment made by the occupant.

   (c) In this section, “sunset” means the time of day provided by the Astronomical Applications Department of the U.S. Naval Observatory as the time for sunset on that day in the city.

   (d)   No person shall solicit or peddle on city property without a valid permit and the approval of the Public Works Director or their designee.

   (e)   No person shall solicit or peddle at a Recreation Department sponsored event without a valid permit and the approval of the Recreation Director or their designee.

(Ord. 53-98, passed 3-23-1998; Ord. 176-02, passed 9-9-2002; Ord. 29-2016, passed 3-14-2016; Ord. 22-169, passed 12-12-2022)