For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL SOLICITOR. Any person, whether as volunteer, owner, agent, consignee, or employee, who engages in door-to-door commercial solicitation.
DOOR-TO-DOOR COMMERCIAL SOLICITATION. Attempting to make personal contact with any person at his or her residence, without prior invitation by or appointment with the resident, for the primary purpose of:
(1) Attempting to sell, for present or future delivery, any goods, wares, or merchandise, newspaper or magazine subscriptions, or any services to be performed immediately or in the future, whether or not the person has, carries, or exposes a sample of such goods, wares, or merchandise, and whether or not he or she is collecting advance payments for such sales and services;
(2) Seeking or attempting to obtain contributions of money or any other thing of value for the benefit of any association, organization, corporation, or program, excluding those defined under DOOR-TO-DOOR NON-COMMERCIAL SOLICITATION; or
(3) Personally delivering to the resident a handbill or flyer advertising a commercial event, activity, good, or service that is offered to the resident for purchase at a location away from the residence or at a future time.
DOOR-TO-DOOR NON-COMMERCIAL SOLICITATION. Attempting to make personal contact with any person at his or her residence, without prior specific invitation by or appointment with the resident, for the primary purpose of:
(1) Seeking or asking for a gift or donation for a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. § 501(c);
(2) Soliciting the sale of goods, wares, or merchandise for present or future delivery, or the sale of services to be performed immediately or in the future, with the entire proceeds of such sale to be paid directly to, or used exclusively for the benefit of, a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. § 501(c);
(3) Personally delivering to the resident a handbill or flyer advertising a future not-for-profit event, activity, good, or service;
(4) Distribution of religious tracts and information on behalf of a religious organization; and/or
(5) Door-to-door canvassing and pamphleteering as a vehicle for the dissemination of ideas or views or opinions by one engaged in political activities as a candidate or on behalf of a candidate in a recognized federal, state, or local election, or on behalf of an issue on an upcoming ballot.
DOOR-TO-DOOR SOLICITATION PERMIT. A document issued by Big Timber authorizing a commercial solicitor to engage in door-to-door commercial solicitation.
EMPLOYER. Any person, company, corporation, business, partnership, organization, or any other entity on behalf of whom a person is acting.
“NO COMMERCIAL SOLICITORS” SIGN or “NO COMMERCIAL SOLICITATION” SIGN. A prominently displayed sign that is exhibited on or near the main entrance to the premises or on or near the main door to any residence, stating “no commercial solicitors” or “no commercial solicitation” and applies only to commercial solicitation.
“NO SOLICITORS” SIGN or “NO SOLICITATION” SIGN. A prominently displayed sign that is exhibited on or near the main entrance to the premises or on or near the main door to any residence, stating “no solicitors” or “no solicitation” and applies to all form of solicitation.
NON-COMMERCIAL SOLICITOR. Any person, whether as volunteer, owner, agent, consignee, or employee, who engages in door-to-door non-commercial solicitation.
PERMIT HOLDER. Any person to whom a permit has been issued under the provisions of this chapter.
PUBLIC ENTITY. The state, county, municipality, school district, special improvement district, and any other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.
RESIDENCE. A private RESIDENCE in the city, including, but not limited to, condominium units and apartments, and shall include the yards, grounds, or hallways thereof.
(Ord. 487, passed 5-4-2020)