(A) Door-to-door solicitation.
(1) Required permit. It shall be unlawful for any person to act in the following manner without first having applied for and obtained a permit from the Canton City Council:
(a) To go from house to house or from place to place in the city soliciting for donations or soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines.
(2) Exception. The permit requirement shall not apply to:
(a) Canton citizens who are engaged in solicitation activities involving fund-raising for registered nonprofit organizations, charitable organizations, religious organizations, civic organizations, or Canton and Martins Mill public or private schools or groups directly affiliated with such schools;
(b) Canton citizens who are political candidates or engaged in door-to-door advocacy of a political issue, in religious proselytizing, or in the distribution of handbills and canvassing unrelated to home solicitation transactions;
(c) The distribution of mail by the U.S. Postal Service or the distribution of newspapers.
(3) Restrictions. It shall be unlawful for any person to act in the following manner:
(a) To engage in door-to-door solicitation activities in residential areas between the hours of 6:00 p.m. and 9:00 a.m. standard time and 8:00 p.m. and 9:00 a.m. during daylight savings time;
(b) To go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a solicitation, if a card stating "No Solicitors" (or words of similar meaning) is exhibited in a conspicuous place at or near the main entrance of the residence, unless at the request of the owner or occupant;
(c) To go upon any commercial property for the purpose of securing an audience with the owner, manager or patrons of a business and engaging in or attempting to engage in a solicitation, if a card stating "No Solicitors" (or words of similar meaning) is exhibited in a conspicuous place at or near the main entrance to the business, unless at the request of the owner or manager.
(B) Solicitation and distribution of advertising in public rights-of-way and on private property.
(1) Required permit. It shall be unlawful for any person to act in the following manner without first having applied for and obtained a permit from the Canton City Council:
(a) To solicit, sell or take orders for, or offer to sell or take orders for, any goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines upon any public property, sidewalk, street, alley, or right-of-way;
(b) To scatter, distribute, throw, deposit or place any advertisement upon any public property, sidewalk, street, alley or right-of-way, or deposit, place or leave any such advertisement in any automobile, truck, bus or other vehicle on public property, or within any public building or upon any public grounds within the limits of the city;
(c) To scatter, distribute, throw, deposit or place any advertisement upon any private property or business, or to place or leave any such advertisement in any automobile, truck, bus or other vehicle on private property;
(d) To distribute or cause to be distributed within the territorial limits of the city any printed or written advertising matter by placing, or causing to be placed, the same in any yard or on any porch not in possession or under the control of the person so distributing same;
(2) Exceptions. The permit requirement shall not apply to:
(a) Canton citizens who are political candidates or engaged in door-to-door advocacy of a political issue, in religious proselytizing, or distribution of handbills and canvassing unrelated to home solicitation transactions;
(b) The distribution of mail by the U.S. Postal Service or to the distribution of newspapers;
(c) Any person participating by permission for said activity in a city-sponsored event or a special event for which a permit has been obtained.
(3) Restrictions. It shall be unlawful for any person to act in the following manner:
(a) To engage in the distribution of handbills or advertising in residential areas between the hours of 6:00 p.m. and 9:00 a.m. standard time and 8:00 p.m. and 9:00 a.m. during daylight savings time;
(b) To engage in the distribution of handbills or advertising upon any public sidewalk, street, alley, or right-of-way between dusk and dawn;
(c) To foist upon any person a handbill without the consent of such person;
(d) To scatter, distribute, throw, deposit or place any advertisement upon any private property or business, or to place or leave any such advertisement in any automobile, truck, bus or other vehicle on private property without the property owner's consent;
(e) To post, throw or otherwise place any advertisement in or upon any private premises which are temporarily or continuously uninhabited or vacant;
(f) To distribute handbills or advertising to motorists on a state highway or right-of-way in the city limits of Canton. They have been deemed unsafe for said activity due to the speeds at which motorists may travel.
(4) Any person who has gained entrance or access to a premises or an audience with the occupant, whether invited or not, shall immediately depart such premises when requested to leave by the occupant.
(5) The Police Chief may limit activity based upon the unsafe conduct of a participant or safety concerns during hazardous weather or traffic conditions.
(C) Solicitation of donations on public property.
(1) Required permit. It shall be unlawful for any person to solicit donations on public property, sidewalks, streets, alleys, or rights-of-way without first having applied for and obtained a permit from the City Council of the City of Canton.
(2) Exceptions. The permit requirement shall not apply to any organization already scheduled to solicit donations through December 31, 2009; however, the restrictions shall apply.
(3) Restrictions. The following limitations and regulations shall apply:
(a) Only Canton chapters or Canton volunteers representing a nationally-recognized 501(c)(3) non-profit organization or a Canton 501 (c)(3) non-profit organization collecting for a charity, shall be permitted to conduct such solicitations during First Monday Trade Days. Permits will be limited to January, February, March, June, July, August and September as soliciting impedes traffic flow and increases safety concerns in high volume periods defined as April, May, October, November and December.
(b) Only Canton non-profit organizations shall be permitted to conduct such solicitations for special occasions during periods other than First Monday Trade Days.
(c) Educational programs benefitting Canton's youth do not qualify for this permit. The city's First Monday Parking Lot Program is a fund-raising assistance program available to these organizations.
(d) Soliciting is limited to the intersection of Highways 198 and 64 where traffic is controlled by four-way stop signs. Other major intersections have been deemed unsafe due to the speeds at which motorists may travel.
(e) Soliciting will only be allowed for a maximum of four consecutive hours during daylight hours on the dates specified on the permit.
(f) All persons soliciting for the organization shall be required to wear highly-visible clothing.
(g) Participating children must be a minimum age of 12 years and must be accompanied and directly supervised by an adult at all times.
(h) Such solicitations shall not impede the flow of traffic or create a safety hazard.
(i) The organization must post a sign at least two inches by two inches in size at each location of solicitation stating the name and location of the organization.
(j) The Police Chief may limit solicitations based on safety concerns during hazardous weather or increased traffic conditions, or on unsafe conduct of any participants.
(k) Failure to comply with the regulations shall result in the termination of the permit and denial of future requests by the same organization.
(Ord. 2009-05, passed 2-24-2009; Ord. 2011-01, passed 2-22-2011)