Loading...
(A) Door-to-door solicitation by vendors may be conducted between the following hours:
(1) October 1 through April 30 - between 10:00 a.m. and 6:00 p.m. of any day.
(2) May 1 through September 30 - between 10:00 a.m. and 8:00 p.m. of any day.
(B) Subject to earlier revocation, pursuant to this section, a license, as well as any identification card(s) issued therewith, shall be valid for exactly ten or 120 days, as applicable, from the date the license or identification card was issued, and shall thereafter immediately expire and become null and void.
(C) Vendor, and vendor's employees and agents, shall comply with all applicable federal, state and local laws and regulations while engaging in door-to-door solicitation.
(D) Unlawful to solicit on posted premises. It is unlawful for any vendor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of peddling or soliciting at any residence, dwelling or place of business at which a sign bearing the words "No Solicitors" (or words of similar import indicating that solicitors are not wanted on said premises) is painted, affixed, or otherwise exposed to public view; provided, that this section shall not apply to any peddler or solicitor who rings the bell, knocks on the door, or otherwise attempts to gain admittance to such residence or dwelling at the invitation or with the consent of the occupant thereof.
(Ord. 060208, passed 6-2-08) Penalty, see § 112.99
(A) If the Chief of Police or his or her designee, determines that one or more of the following apply to a vendor and/or to any employee or agent of vendor who applies for a license or who is involved in door-to-door solicitation, then the Chief of Police shall deny the application and/or revoke an issued license and/or identification card(s) relating thereto, whichever action is applicable under the circumstances:
(1) Vendor submitted an application that contains materially false or misleading information;
(2) Vendor or any of vendor’s employees or agents was, within 15 years prior to the date of vendor’s application, convicted of a felony or misdemeanor crime of, fraud, theft, burglary, robbery, and/or any other crime against another person;
(3) Vendor or any of vendor’s employees or agents has violated this section or has been charged with or convicted of a felony or misdemeanor crime of, fraud, theft, burglary, robbery, and/or any other crime against another person after the issuance of but prior to the expiration date of such person’s license and/or identification card;
(4) Vendor or any of vendor’s employees or agents has failed to properly display his/her identification card while engaged in door-to-door solicitation; or
(5) Two or more written and verified complaints have been delivered to the Police Department regarding allegedly untruthful or illegal conduct concerning vendor or vendor’s employees or agents during his/her door-to-door solicitation.
(B) All license and/or identification card denials/revocations shall be in writing, shall state thereon the effective date of the denial/revocation and the reason for same, and shall be served by U.S. certified mail or by personal service on vendor. A copy of the report used for denial will be provided to the affected person upon request.
(C) Any vendor, within 20 days from the date on which notice of such license and/or identification card denial or revocation notice is served thereon, may by written request made and delivered to the Chief of Police, or his designee, within such time period, appeal such action to the Metropolitan Police Commission (“Commission”). If a timely appeal is not made, the decision of the Chief of Police is final. If a timely appeal is made, the Commission shall hear the appeal at a public hearing which shall begin no more than 20 days from the date of the receipt of the appeal request by the Chief of Police. The Commission shall issue its written decision on the appeal no more than ten days from the ending date of the hearing thereon, which Commission decision shall be final.
(D) No application, license or identification card fees shall be returned or refunded upon the revocation of a license and/or identification card issued pursuant to this section, all such monies being deemed forfeited.
(Ord. 060208, passed 6-2-08; Am. Ord. 082117B, passed 8-21-17)
(A) Citations for violation of this chapter may be issued by the Fishers Police Department. Each violator of the restrictions and provisions of this chapter shall pay a fine to the city’s Ordinance Violations Bureau in the sum and amount set forth in § 36.08. If the violation is not paid, an enforcement action may be filed by the City Attorney’s office in the Fishers City Court.
(B) The city may seek a temporary and/or permanent restraining order against any vendor and/or any employee or agent thereof in any court of competent jurisdiction.
(C) The city’s remedies hereunder shall be cumulative and pursuit of one remedy shall not preclude the pursuit of others under this section or otherwise.
(Ord. 060208, passed 6-2-08; Am. Ord. 091514A, passed 11-17-14; Am. Ord. 082117B, passed 8-21-17; Am. Ord. 111918D, passed 11-19-18)