For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEAL. The process of contesting the denial or revocation of a PERMIT.
APPLICANT. A person who applies for a PERMIT.
APPLICATION. An application for a PERMIT.
CHIEF OF POLICE. The Chief of Police of the Town of Banner Elk, North Carolina, or his or her designee.
CHILD. A minor person under 16 years of age.
CITATION. A written notice issued by a law enforcement official to any person who violates this chapter.
DOMESTIC ANIMAL. A domestic dog or domestic cat.
FALSE STATEMENT OF MATERIAL FACT. An affirmative statement, written or oral, that is untrue or misleading. A FALSE STATEMENT OF MATERIAL FACT includes, but is not limited to, statement(s) regarding the scope or quality of goods or services offered by the SOLICITOR, statement(s) that the SOLICITOR represents a group or charity, statement(s) that a SOLICITOR is a veteran of the United States military, or statements regarding family or housing status. A FALSE STATEMENT OF MATERIAL FACT also includes wearing an identification, badge, emblem, uniform, or symbol that a reasonable person would believe identifies the SOLICITOR as part of, or as acting on behalf of, any group or charity when the SOLICITOR is not in fact part of, or acting on behalf of, the identified group or charity.
HEARING. An in-person proceeding to contesting the denial or revocation of a PERMIT, during which the APPLICANT may give testimony and present evidence.
NOTICE OF APPEAL RIGHTS. A written notice of the APPLICANT’S right to appeal the denial or revocation of a PERMIT, to whom the appeal should be made, and the time limit for making an appeal.
NOTICE OF DENIAL. Written notice that a PERMIT has been denied.
PERMIT. A written PERMIT issued by the Chief of Police granting the APPLICANT the right to SOLICIT.
PERMIT HOLDER. A person to whom a PERMIT is issued.
SERVICE ANIMAL. An animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, as allowed by G.S. § 168-4.2.
SOLICIT. In person use of the spoken, written, or printed word, or other acts conducted with the purpose of selling or offering for sale goods or services or collecting contributions of money or goods. This definition shall not include collecting contributions or money or goods on behalf of a 501(c)3 non-profit corporation as recognized by the United States Internal Revenue Service.
SOLICITED INDIVIDUAL. A person whom a SOLICITOR attempts to SOLICIT.
SOLICITOR. A person who SOLICITS.
TIME. In computing any period of time under this chapter, the day of the act shall not to be included.
TOWN MANAGER. The Town Manager of the Town of Banner Elk, North Carolina, or his or her designee.
VIOLATION. A violation of this chapter.
WARNING CITATION. A citation given as a warning. A WARNING CITATION does not subject the SOLICITOR to penalties resulting from a violation of this chapter.
(Ord. passed 2-8-2021)