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TRANSIENT VENDORS
§§ 110.20 to 110.22 RESERVED.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FROZEN DESSERT VENDOR. Any person who offers for sale or sells to another ice cream or other frozen dessert products from motor vehicles, human-powered vehicles, bicycles, three- wheeled vehicles or any other form of mobile transportation conveyance on the streets, public or private property within the Town limits of Collierville.
(B) Mobile frozen dessert vehicles (in this section, some are referred to as vendor or vendors) are allowed to sell ice cream and other frozen dessert products under the following conditions:
(1) Vendors must comply with any license required by the state, county and town;
(2) Vendors must comply with Health Department regulations;
(3) Vendors must carry the minimum amount of insurance required by state and county laws;
(4) Vehicles used to transport and dispense frozen desserts must meet all state and county regulations for such vehicles;
(5) Vendors shall not sell/dispense of their products from stationary locations in the Town, including, but not limited to, streets, Town owned property, parking lots, private property or vacant lots;
(6) Vendors shall not park or stop to sell their products within the one-quarter mile of any boundary of a school zone area during the period from one hour before the start of school until one hour after the school day officially ends;
(7) Vendors shall not sell their products after sunset;
(8) A vendor shall make no sales until the vehicle is stopped and lawfully parked;
(9) A vendor shall sell only from the side of the vehicle away from moving vehicles, away from moving traffic and as near as possible to the curb or side of the street;
(10) A vendor shall not sell to a person standing in a roadway;
(11) The driver of a vehicle shall not stop and back the vehicle to make an attempt to make or attempt a sale;
(12) The driver of every mobile frozen dessert vehicle shall at all times when the vehicle is in motion or at a stop take every precaution to protect the safety of the customers against traffic and other hazards;
(13) Vendors shall not operate in congested areas where the selling of the product will impede, cause a safety hazard or inconvenience the public.
(C) For the purpose of this section, the judgement of a police officer or a code official acting in good faith shall be deemed conclusive to determine that an area is too congested or unsafe for a mobile frozen dessert vendor to sell products.
(Ord. 2015-14, passed 8-10-15)
DOOR-TO-DOOR SOLICITATION
The purpose of this chapter is as follows:
(A) To provide for the health, safety and welfare of the citizens of the Town of Collierville;
(B) To balance the First Amendment rights of residential commercial solicitors with the privacy, safety, health and welfare of the residents within the Town of Collierville;
(C) To require all commercial solicitors to conduct any door-to-door residential solicitation within the Town pursuant to a permit and identification badge issued by the Town Clerk;
(D) To prohibit commercial solicitations at residences where the owner or occupant has prohibited solicitation in a manner consistent with the provisions of this chapter.
(Ord. 2015-14, passed 8-10-15)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a differing meaning.
APPLICANT. Any person or entity who has submitted an application for a permit.
CHARITABLE ORGANIZATION. A group which is or holds itself out to be a benevolent, patriotic, philanthropic, political, social service, welfare, eleemosynary, civic, or fraternal organization who sells goods, wares, merchandise, or services, or solicits or obtains contributions soliciting from the public, for charitable purposes.
CHARITABLE PURPOSE. Any purpose which is benevolent, patriotic, political, philanthropic, social service, welfare, eleemosynary, civic, environmental, or fraternal.
COMMERCIAL SOLICITOR. Any person, whether as volunteer, owner, agent, consignee or employee, who engages in door-to-door commercial solicitation. For purposes of this chapter, the term COMMERCIAL SOLICITOR shall include individuals commonly referred to as “peddlers” and “solicitors”.
DOOR-TO-DOOR COMMERCIAL SOLICITATION. Attempting to make personal contact with a resident at his or her residence, without prior specific 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, other than 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; or
(2) 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 NONCOMMERCIAL SOLICITATION. Attempting to make personal contact with a resident 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)(3);
(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);
(3) Personally delivering to the resident a handbill or flyer advertising a future, not-for-profit event, activity, good or service;
(4) Proselytizing on behalf of a religious organization;
(5) Soliciting support for a political candidate or organization, or ballot measure or ideology; or
(6) Soliciting the sale of newspaper or magazine subscriptions.
EMPLOYER. Any person, company, corporation, business, partnership, organization or any other entity on behalf of whom a person is acting.
NONCOMMERCIAL SOLICITOR. Any person, whether as volunteer, owner, agent, consignee or employee, who engages in door-to-door noncommercial solicitation. For purposes of this chapter, the term NONCOMMERCIAL SOLICITOR shall include individuals commonly referred to as “canvassers” or individuals who solicit for a charitable, religious, political, or philanthropic purpose, even if, incidental to such purpose, the individual accepts the donation of money for or against such cause.
NO-SOLICITATION LIST. A list of the addresses of town residents who have requested that their residences be placed on a list maintained and published by the Town for the purpose of informing the general public and prospective solicitors that all door-to-door solicitation at such addresses is prohibited.
PERMIT. A document issued by the Town Clerk authorizing a commercial solicitor to engage in door-to-door commercial solicitation.
PERMIT HOLDER. means any person to whom a permit has been issued under the provisions of this chapter.
PERSON. A natural person or business entity, such as, without limitation, a corporation, association, firm, joint venture, estate, trust, business trust, syndicate, fiduciary, partnership or any group or combination thereof.
RESIDENCE. A private residence in the Town of Collierville, including but not limited to, condominium units and apartments, including the yards, grounds or hallways thereof.
TOWN CLERK. The Clerk of the Town of Collierville, or the Clerk’s designee.
TOWN NO-SOLICITATION STICKER. A blue circular sticker, supplied by the Town of Collierville, bearing the words “No Solicitation” which any resident may affix to his or her entryway for the purpose of informing the general public and prospective solicitors that all door-to-door solicitation at such addresses is prohibited.
(Ord. 2015-14, passed 8-10-15)
(A) No solicitor, whether commercial or noncommercial, shall enter or remain upon any private premises in the Town where:
(1) A “No Solicitation” or “No Trespassing” sign is clearly posted or placed at or near the entrance(s) to such premises or, in the case of a multi-family dwelling, at or near the entrance(s) to such individual dwelling; or
(2) A town no-solicitation sticker, supplied by the Town of Collierville, is placed upon or affixed to the entryway or door of such premises or individual dwelling.
(B) This provision shall apply to all solicitation, including, without limitation, all activities that are religious, charitable or political in nature and all solicitation of newspaper or magazine subscriptions.
(Ord. 2015-14, passed 8-10-15) Penalty, see § 100.99
(A) The Town may establish a no-solicitation list allowing any owner or lawful occupant of any residence within the Town to prohibit solicitation at said residence by registering the address with the Town. Such registration shall take effect as soon as it is noted on the Town’s no-solicitation list.
(B) If the Town establishes a no-solicitation list, the Town shall maintain and publish on the Town’s website and have available at the office of the Town Clerk such no-solicitation list consisting of all addresses that have been registered thereon.
(1) Such list shall be made available without charge to any person requesting same. No person shall be required to provide identification as a condition of obtaining a copy of such list.
(2) The Town will make the necessary arrangements to periodically update the no-solicitation list.
(3) Each address appearing on the no-solicitation list will remain on the list until removed by the occupant.
(C) Each permit holder shall be responsible for obtaining and reviewing a copy of the no-solicitation list immediately upon issuance of a permit under this chapter and at such intervals thereafter as may be reasonably necessary to ensure compliance with the requirements of division (D) of this section.
(D) As of the effective date of the registration of a residential address under division (A) of this section, door-to-door solicitation at such address shall be prohibited until such time, if at all, that the address has been deleted from the no-solicitation list.
(E) Neither the Town nor any of its officers, employees, agents or authorized volunteers shall be liable to any person for any injuries, damages or liabilities of any kind arising from or relating to any errors or omissions that may occur in compiling or maintaining the no-solicitation list.
(Ord. 2015-14, passed 8-10-15)
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