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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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737.01 DEFINITION.
   As used in this chapter, “solicitor,” “canvasser” or “peddler” means any individual, whether or not a resident of the City, traveling either by foot, cart, automobile, motor vehicle or any other type of conveyance, from place to place, from house to house or from street to street, selling, taking or attempting to take orders for purchases of goods, ware and merchandise or tangible personal property or services of any nature whatsoever, whether or not for further delivery and whether or not such individual has or exposes for sale the subject of such sale, or whether or not he is collecting advance payments of such sales.
   (a)   This definition includes but is not limited to the following:
      (1)   Any person who for himself or for another person, firm, corporation or entity, hires, leases, uses or occupies any building, structure or place within the City for purposes of selling to places within the City, or the taking of orders, or the making of appointment(s) in places within the City by means of any telephone or electronic communication.
      (2)   Any person, firm or corporation doing such business within the City and any individual soliciting, canvassing or peddling for or on behalf of such person, firm or corporation.
   (b)   This definition shall not apply to a minor under the age of 16 years, nor to the local delivery of newspapers and solicitations for subscriptions for the same, nor to the sale or delivery of food products which are under the jurisdiction of the Department of Health, nor to the sale of services or products exclusively to commercial or industrial enterprises.
(Ord. 87-277. Passed 10-5-87; Ord. 2010-123. Passed 9-7-10.)
737.02 REGISTRATION REQUIRED.
   No person shall canvass, solicit or peddle within the City unless such person has first registered with the City and has first obtained an identification card as hereinafter provided.
(Ord. 65-40. Passed 4-19-65.)
737.03 REGISTRATION APPLICATION.
   Any person desiring to register as a solicitor, canvasser or peddler within the City shall apply to the Safety-Service Director or his agent, and shall make written application on a form to be provided by the City, which form shall correctly and truthfully contain the following information:
   (a)   Name, age and description of the applicant;
   (b)   Permanent home address and full local address;
   (c)   Birth date, height, weight, color of eyes, color of hair and physical description;
   (d)   A description of the nature of the business and the goods to be sold;
   (e)   The name and address of the employer, together with credentials establishing the exact relationship;
   (f)   The length of time for which the business is expected to be conducted;
   (g)   The place where the goods or the property proposed to be sold are manufactured or produced and the location of the goods or products at the time the application is filed, along with the proposed method of delivery;
   (h)   Two photographs of the applicant taken within six months prior to the date of the filing of the application. Such photographs shall be one inch by one inch and shall show the head and shoulders of the applicant in a clear and distinguishing manner;
   (i)   A statement as to whether or not the applicant has been convicted of any felony or misdemeanor and, if any, the nature of the same and the penalty therefor, if any;
   (j)   The make, model, year and current registration of any motor vehicle used or to be used in the business;
   (k)   The number and state of issuance of the applicant's driver's license, if any;
   (l)   The names and addresses of two personal references who are acquainted with the applicant and who would be willing to submit, upon request, a statement of the character of the applicant;
   (m)   A description of the method of marketing of the product, including a description of the sales brochure, if any, utilized in such marketing.
(Ord. 65-40. Passed 4-19-65.)
737.04 REGISTRATION FEE, ISSUANCE AND EXCEPTION.
   (a)   The registration application shall be filed by the applicant, who shall attest to the truthfulness of the statements contained therein. The application shall be accompanied by a (non- refundable) fee as provided in the General Fee Schedule, Section 109.05, Solicitor’s Permit, to compensate the City for the costs incident to the investigation and issuance of the registration. The fee shall be non-refundable.
   (b)   Upon receipt of the registration application and the fee, the Safety-Service Director or his designee will, within ten business days, review and verify the contents of the application and approve or disapprove the applicant and, if approved, issue the registration. The Safety-Service Director or his designee may deny the issuance of the registration if the applicant has failed to comply with any other provisions of the ordinances of the City; or has been convicted of any felony; or has been convicted of any sexually oriented offense as defined in Ohio R.C. 2950.01(D), or convicted of any theft offense as defined in Ohio R.C. 2913.01 or convicted of any crime of moral turpitude. The registration shall be valid for a period of one year from and after the date of the issuance thereof. Every person desiring to exercise the occupation of a solicitor, canvasser or peddler shall register with the City, in addition to each firm, partnership or corporation also desiring to exercise such occupation.
(Ord. 2002-155. Passed 8-5-02; Ord. 2005-127. Passed 10-3-05; Ord. 2010-123. Passed 9-7-10.)
737.05 REGISTRATION CARD; DISPLAY.
   The City shall, upon registration, issue to the applicant an identification card or badge in a form to be prescribed by the Safety-Service Director or his agent, indicating thereon the registration of the applicant and the dates during which the registration is valid. The registration card shall be worn by the applicant upon his outer apparel at all times during the conduct of all soliciting, canvassing or peddling and shall be displayed to anyone for examination upon his or her request.
(Ord. 65-40. Passed 4-19-65.)
737.06 CITY TO POST SIGNS ADVISING REQUIRED REGISTRATION.
   The City shall cause to be posted at the corporate limits of the City upon all State highways an appropriate sign indicating the necessity of registration by solicitors, canvassers or peddlers.
(Ord. 65-40. Passed 4-19-65.)
737.07 REGISTRATION INDEX.
   The Safety-Service Director or his agent shall maintain a permanent index of registrations of solicitors, canvassers and peddlers, indicating thereon appropriate information as taken from the application heretofore described.
(Ord. 65-40. Passed 4-19-65.)
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