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Avon Lake, OH Code of Ordinances
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§ 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)
§ 840.06 DISPLAY OF PERMIT; RETURN; EXCEPTIONS.
   (a)   Each registrant shall prominently display on his or her person the permit at all times when in the city and shall exhibit it to any resident or municipal official upon request.
   (b)   The provisions of this section shall not apply to solicitations conducted only among the members of the entity conducting the canvassing or to solicitations in the form of collections or contributions at the regular assemblies, meetings or services of any established charitable or religious organization.
(Ord. 53-98, passed 3-23-1998; Ord. 22-169, passed 12-12-2022)
§ 840.07 REVOCATION OF PERMITS.
   A permit issued under this chapter shall be revoked by the Public Safety Director or his or her designee for any of the following causes:
   (a)   It is subsequently determined that the registrant provided false, misleading or deceptive information in completing the application set forth in § 840.03, or has violated any of the provisions of this chapter;
   (b)   The registrant is convicted of a felony violation or a misdemeanor violation involving moral turpitude; or
   (c)   The registrant is convicted of a violation of any provision of this chapter.
    Written notice shall be given to the registrant in person or by certified mail immediately upon such revocation.
(Ord. 53-98, passed 3-23-1998; Ord. 22-169, passed 12-12-2022)
§ 840.08 NOTICE PROHIBITING SOLICITING, CANVASSING, AND PEDDLING.
   The owners or occupants of any residence or place of business may indicate a determination to refuse to receive any uninvited canvassers or solicitors by displaying a card, decal or sign not less than two inches by three inches in size, upon or near the main entrance door to the residence or place of business, containing the words “No Soliciting”, “No Canvassing”, “No Peddling” or words to that effect with the letters at least one-third of an inch in height. Any such sign which complies with the requirements of this section shall be exempt from any additional or different requirements contained in Chapter 1236 of the Planning and Zoning Code.
(Ord. 53-98, passed 3-23-1998; Ord. 11-2019, passed 2-11-2019; Ord. 22-169, passed 12-12-2022)
§ 840.09 “DO NOT KNOCK” REGISTRY.
   (a)   The Public Safety Director shall establish and maintain a “Do Not Knock” Registry (in this chapter, the “Registry”).
   (b)   Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the city may require the city to place and maintain his or her residence, house, apartment or other dwelling on the Registry by submitting a request to be placed thereon on a form supplied by the Public Safety Director. This form shall be made available at City Hall, the Police Department and on the city’s website. The completed form must be turned in at City Hall and must contain the following information:
      (1)   The name of the person completing the form;
      (2)   The complete address of the residence, house, apartment or other dwelling to be placed on the Registry;
      (3)   The date the form was completed;
      (4)   A statement that no solicitor or peddler shall knock, ring the doorbell or otherwise call at this address, or words of similar import; and
      (5)   Such information that verifies the identity of the person completing the form as a lawful possessor and occupant as may be required by the Public Safety Director.
   (c)   Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the city may require the city to remove his or her residence, house, apartment or other dwelling from the Registry by submitting a separate “Notice of Removal” on a form supplied by the Public Safety Director. This form shall be made available at City Hall, the Police Department and on the city’s website. The completed form must be turned in at City Hall and must contain the following information:
      (1)   The name of the person completing the form;
      (2)   The complete address of the residence, house, apartment or other dwelling to be removed from the Registry;
      (3)   The date the form was completed;
      (4)   A statement that the residence, home, apartment or other dwelling be removed from the Registry, or words of similar import; and
      (5)   Such information that verifies the identity of the person completing the form as a lawful possessor and occupant as may be required by the Public Safety Director.
   (d)   A residence, house, apartment or other dwelling, after being lawfully placed on the Registry shall remain on the Registry until the earliest of any of the following:
      (1)   The city receives a Notice of Removal pursuant to division (c) of this section; or
      (2)   The city receives notice that the person who submitted the form pursuant to division (b) of this section is not or is no longer a lawful possessor or occupant of the premises.
   (e)   The Public Safety Director or his or her designee shall update the Registry on a weekly basis.
   (f)   A copy of the Registry shall be made available for public inspection at all times on the internet website of the city and at the Police Department.
(Ord. 11-2019, passed 2-11-2019; Ord. 22-169, passed 12-12-2022)
§ 840.10 SOLICITING, CANVASSING, OR PEDDLING IN VIOLATION OF NOTICE OR “DO NOT KNOCK” REGISTRY.
   (a)   No person shall act as a solicitor, canvasser or peddler, as defined in § 840.01, and go upon any premises and ring the doorbell upon or near any door, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of any occupant of such premises for the purpose of securing an audience with the occupant thereof, if there is displayed at the premises a notice in accordance with the provisions of § 840.08.
   (b)   No solicitor or peddler, shall go upon any premises and ring the doorbell upon or near any door, or rap or knock upon any door, create any sound in any other manner calculated to attract the attention of any occupant of such premises, or otherwise enter upon the premises to engage in canvassing if the address of the premises is registered on the city’s Registry pursuant to § 840.09.
   (c)   Whoever violates this section is guilty of trespass in violation of § 642.13.
(Ord. 53-98, passed 3-23-1998; Ord. 11-2019, passed 2-11-2019; Ord. 22-169, passed 12-12-2022)
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