(a) Permit Required. No peddler or solicitor shall peddle or solicit within the City, unless he or she is the holder of a valid permit issued pursuant to this chapter.
(1) The peddler or solicitor must be in actual possession of said permit; it must be displayed on their person in a way that makes it readily discernible to the property owner or the general public.
(b) Application; Fee: Permit; Registration.
(1) Any person seeking a permit in conformity with this chapter shall obtain an application for same from the Police Department or City Hall and shall submit the completed application to such department on a form supplied by the Chief of Police which shall contain the following information:
A. Full name of the applicant.
B. Date of birth of the applicant.
C. Local address, if any.
D. Permanent home address.
E. Taxpayer identification number for tax purposes.
F. A description of the nature of the business and the goods, wares, merchandise, property, and/or services to be sold or, as applicable, the reason for soliciting funds.
G. Telephone number of the applicant.
H. An indication of the streets to be peddled or solicited along with dates and hours of peddling or solicitation for each respective street or area.
I. Whether the applicant has ever been convicted of a crime and, if so, where and the nature of the offense and the punishment or penalty imposed therefor, if any or whether the applicant has ever had a license issued by any authority revoked and the reason for said revocation.
J. Such other information as the Department may by rule require in order to protect the public health, safety and/or general welfare.
K. If the applicant is a juvenile, in addition to providing A. through J. above, the applicant must also list the name(s) of his or her parent(s) and/or legal guardian(s), an emergency contact telephone number for same and provide written proof of their consent to the activity. These requirements are waived upon written proof of emancipation.
(2) All permit applications shall be referred to the Director of Public Safety, who shall, within five days after receipt of the completed application, issue permits to the solicitors or peddlers unless he or she finds that:
A. The applicant has provided false, misleading or deceptive information in his or her application; and/or
B. The applicant or any solicitor or peddler named on the permit application has been convicted of a felony violation or misdemeanor violation involving fraud or moral turpitude within the past five years.
(3) Any permit issued under this chapter shall be valid for not more than six months.
(4) Each applicant shall pay a non-refundable permit application fee. The fee for peddlers shall be two hundred fifty dollars ($250.00). The fee for solicitors shall be twenty- five dollars ($25.00). These fees shall be paid to the Director of Public Safety at the time the permit is issued. Juveniles shall not be exempt from said fees. However, the Director of Public Safety may waive registration fees for juveniles soliciting funds for certain causes such as local school events, local athletic events and the like. No juveniles shall be issued a permit without an adult applicant obtaining said permit and listing all information required in A. through K. above, for each juvenile under his or her charge.
(5) Upon issuance of the permit, the peddler and/or solicitor shall be issued a current copy of the City's Peddler, Solicitors and Canvassers' “Do Not Knock Registry” as established by Section 836.031 below, together with a copy of Section 836.04 “Resident Prohibition by Notice” and a copy of Section 1246.04(e) identifying arterial and collector streets within the municipality.
(6) Once issued, a permit may be used only in conformity with the laws of the City and the State of Ohio; may not be assigned or transferred; must be carried by the permittee at all times; and may be revoked or suspended by the Director of Public Safety or designee for any of the following causes:
A. The permittee or person preparing the application on behalf of the permittee provided false, misleading or deceptive information in the permit application.
B. The permittee is convicted of a felony or of a misdemeanor involving fraud or moral turpitude.
C. The permittee violates any provision of this chapter or peddles or solicits in an unlawful manner.
(c) Restrictions; Hours; Conduct. Every person, whether a peddler, solicitor or canvasser, as that term is defined in this chapter, shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this chapter shall peddle or solicit anywhere within the City except between the hours of 10:00 a.m. and 7:00 p.m., Monday through Saturday between October 1 and April 30. However, between May 1 and September 30, the hours of solicitation shall be from 10:00 a.m. to 8:30 p.m. No person shall peddle or solicit on Sunday or any legal State or Federal holiday.
(2) No peddler, solicitor or canvasser shall enter or attempt to enter a residence, house, apartment or other dwelling in the City without an express invitation from an adult occupant of the residence, house, apartment or other dwelling.
(3) No peddler or solicitor shall engage in any peddling or solicitation other than that specified in the permit application.
(4) No peddler, solicitor or canvasser shall by any device make unlawful noises, nor shall any peddler, solicitor or canvasser remain at the residence, house, apartment or other dwelling in the City without the consent of an adult occupant of the residence, house, apartment or other dwelling in the City.
(5) No peddler or solicitor operating out of a motor vehicle shall be permitted to peddle or solicit on any arterial or collector streets as defined by Section 1246.04(e) of the Codified Ordinances.
(d) Canvassing. Canvassers, although not required to obtain a permit, must obtain a copy of the City's “Do Not Knock Registry” from the Police Department or from the City's website prior to going door to door. Failure to be in actual possession of said registry while canvassing in the City shall constitute a violation of this section.
(Ord. 28-08. Passed 5-5-08; Ord. 90-09. Passed 6-8-09; Ord. 41-10. Passed 5-10-10; Ord. 35- 18. Passed 4-23-18; Ord. 20-20. Passed 2-10-20.)