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(A) It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a canvasser, peddler or solicitor, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has:
(1) Posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers”, “No Solicitors” or words of similar import; or
(2) Filed a no solicitation registration form with the city on a form furnished by the city for that purpose.
(B) (1) The city will maintain a “no solicitation” list of those persons who wish to restrict solicitation on their property by canvassers, peddlers and solicitors. The no solicitation list shall be a public document and a copy of the list shall be provided to each recipient of a permit to engage in solicitation. If a canvasser chooses not to apply for an identification card, it will be the responsibility of that canvasser to obtain a copy of the no solicitation list. The no solicitation registration form furnished by the city will allow the resident to identify certain exceptions to the no solicitation list so as to allow certain individuals or groups identified by the resident to visit the resident’s home. These exceptions will be placed on the no solicitation list under the resident’s home address.
(2) The City Manager may periodically add, delete or modify the exceptions listed on the no solicitation registration form.
(1984 Code, § 111.072) (Ord. O-21-04, passed 3-30-2004) Penalty, see § 114.99
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 9:00 a.m.
(1984 Code, § 111.073) (Ord. O-21-04, passed 3-30-2004) Penalty, see § 114.99
Any permit issued under this subchapter may be revoked or suspended by the City Manager after notice and hearing for any of the following reasons:
(A) Fraud, misrepresentation or false statement contained in the application for a permit;
(B) Fraud, misrepresentation or false statement made by permit holder in the course of conducting solicitation or peddling activities;
(C) Conducting peddling or solicitation activities contrary to the provisions contained in the permit;
(D) Conviction for any crime involving moral turpitude; or
(E) Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
(1984 Code, § 111.074) (Ord. O-21-04, passed 3-30-2004)
Notice of a hearing for revocation of a permit issued under this subchapter shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permit holder at the address shown on the permit application or at the last known address of the permit holder.
(1984 Code, § 111.075) (Ord. O-21-04, passed 3-30-2004)
(A) Any person aggrieved by the action or decision of the City Manager to deny, suspend or revoke a permit applied for under the provisions of this subchapter shall have the right to appeal such action or decision to the Board of Commissioners within 15 days after the notice of the action or decision has been mailed to the person’s address as shown on the permit application form, or to his or her last known address.
(B) An appeal shall be taken by filing with the City Clerk a written statement setting forth the grounds for the appeal.
(C) The Clerk shall transmit the written statement to the Board of Commissioners within ten days of its receipt and the City Clerk shall set a time and place for a hearing on the appeal.
(D) A hearing shall be set not later than 30 days from the date of receipt of the appellant’s written statement.
(E) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
(F) The decision of the Board of Commissioners on the appeal shall be final and binding on all parties concerned.
(1984 Code, § 111.076) (Ord. O-21-04, passed 3-30-2004)
Any person claiming to be legally exempt from the regulations set forth in this subchapter, or from the payment of a permit fee, shall cite to the City Manager the statute or other legal authority under which exemption is claimed and shall present to the City Manager proof of qualification for such exemption.
(1984 Code, § 111.077) (Ord. O-21-04, passed 3-30-2004)
ITINERANT MERCHANTS
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