(a) Registration Required. No peddler or solicitor shall peddle or solicit within the City unless he or she is the holder of a valid registration issued pursuant to this chapter. Canvassers do not need to register but must abide by relevant sections of this chapter.
(b) Registration Application: Contents. Application for a registration as a solicitor or as a peddler shall be made upon a form provided by the Director of Public Safety or his designee. Each application shall contain among other information:
(1) The name, address and telephone number of the applicant;
(2) The name, address, and telephone number of his or her employers, if any;
(3) The nature of the goods or services for which he or she will take orders or to be offered for sale;
(4) Proof of motor vehicle insurance;
(5) A valid operator's license;
(6) The proposed method of operation in the City;
(7) A written commitment that such person(s) shall comply with Chapter 725 of the Codified Ordinances; and
(8) Such other information as the Director of Public Safety or his designee may require.
(c) Criminal Background Checks.
(1) Required. All peddlers and solicitors not exempt under this chapter are required to provide a Bureau of Criminal Investigation and Federal Bureau of Investigation criminal background check completed that is no more than 30 days old. Said background check must be presented at the time a registration application is completed and obtained from an authorized agency.
(d) Registration prohibition.
(1) No person shall be issued a registration who has been convicted of:
A. Any felony; or
B. Any misdemeanors involving false statements, dishonesty, theft, offenses of violence, offenses against juveniles, or violations of Ohio Revised Code Chapter 2907, or
C. Any violation of this chapter.
(e) Registration Expiration. All registrations issued under this chapter shall be valid
for not more than one year from date of issue or as otherwise provided for by the Director of Public Safety or his designee.
(1) Any person soliciting or peddling anything which such person has personally manufactured or produced. This exemption shall apply only to natural persons.
(2) Any farmer, poultryman or horticulturist soliciting or peddling his own produce. This exemption shall apply only to natural persons and shall not apply to farms, poultrymen or horticulturists who buy goods for resale, as well as selling their own produce.
(3) Any person soliciting for personal services to be performed by the person so soliciting. This exemption shall apply only to natural persons.
(4) Any natural person soliciting or peddling for or selling tickets for any religious, civic, charitable, school, educational or veteran's organization.
(5) Any peddling of or soliciting for the sale of religious or education publications and books.
(g) Registration Revocation.
(1) Any registration issued hereunder shall be revoked by the Director of Public Safety or his designee if the holder thereof is convicted of a violation of any of the provisions of this chapter, has made a false material statement in the application, or is found to be conducting the soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to be a menace to the health, safety or general welfare of the people of the City.
(2) Immediately upon such revocation, written notice thereof shall be given by the Director of Public Safety or his designee to the holder of the registration in person or by certified U.S. mail addressed to his or her residence address as set forth in the application. Immediately upon the giving of such notice the registration shall become null and void.
(h) Fraudulent Solicitations Prohibited.
(1) No solicitor or peddler shall make or perpetrate any misstatement, deception, or fraud in connection with any solicitation of any contribution for any charitable purpose.
(2) No person having entered into an agreement to conduct any solicitation on behalf of any person or any charitable purpose shall fail to remit or pay to the party entitled thereto the proceeds of such solicitation in accordance with the true terms of the agreement.
(i) Fee.
(1) No person shall act as a peddler or solicitor without the invitation or previous consent of the owner( s) or occupant( s) without first having secured from the Director of Public Safety or his designee a registration therefor. The fee for each registration shall be as follows:
A. For one day: $25.00.
B. For one week: $50.00.
C. For one year: $200.00
(2) All fees collected shall be paid into the General Fund.
(3) Fee exemption. Individuals or corporations soliciting or peddling on behalf of an educational, religious, civic or charitable organization or as otherwise set forth in Section 725.02(g) shall not be required to pay registration fees.
(j) Nontransferable. Once issued a registration may be used only in conformity with the laws of the City and the State of Ohio and may not be assigned or transferred.
(k) Restrictions; Hours; Conduct. Every person to whom a registration to peddle or solicit is issued and every canvasser shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this chapter shall peddle, solicit, or canvass except between the hours of 9:00 a.m. and 7:00 p.m. or one-half hour after sunset whichever is later.
(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 registration 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 any adult occupant of the residence, house, apartment or other dwelling in the City.
(l) Resident Prohibition by Notice. Notwithstanding any other provision of this chapter, no peddler, solicitor, or canvasser, while peddling, soliciting or canvassing, shall call upon, knock at the door or ring the door bell of any residence, house, apartment or other dwelling in the City upon which there is posted at the entrance a notice which reads: "No Peddlers, Solicitors or Canvassers Allowed", or words of similar import, which clearly prohibits peddlers, solicitors and canvassers on the premises, unless such peddler, solicitor or canvasser has previously been invited upon the premises by the owner, lessee or an adult occupant thereof.
(m) Appeals. Any registrant or applicant may appeal his/her revocation or denial to the City Council. The Appeal application shall set forth the basis for the appeal and any grounds for a reversal of the decision of the Director of Public Safety. Said appeal shall be heard within 30 days and shall be filed with City Council within 15 days of the registrant or applicant receiving notice of such revocation or denial. Notice of the hearing on such appeal shall be given in writing by the Clerk stating the grounds of the appeal and the time and place of hearing. Such notice shall be mailed, postage pre-paid, to the applicant or registrant at the address given on the application for the registration or as stated in the appeal, at least 10 days prior to the date set for the hearing. Upon hearing, Council shall make a finding in writing within 45 days of the hearing and shall mail said finding to the applicant or registrant at the address provided on the application or on the appeal. (Ord. 11-63-16. Passed 11-15-16.)