For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terminology used in this chapter and not specifically defined below, shall retain its meaning in conformance with the latest volume of Webster’s Collegiate Dictionary.
CHARITABLE PURPOSE. A philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans’ association or organization; the benefit of any fraternal, social or civil organization, or the benefit of any educational institution. CHARITABLE PURPOSE shall not be construed to include the direct benefit of the individual making the solicitation. CHARITABLE PURPOSE shall not be construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or Federal law.
DEPARTMENT OF PUBLIC SAFETY. The Heath Department of Public Safety.
DEPOSIT or DEPOSITING A HANDBILL. To place, distribute, handout, or circulate any type of handbill.
DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY. The person, or his/her designee, appointed as the Director of the Department of Public Safety by the Heath City Council.
HANDBILL, COMMERCIAL. Means and includes any printed or written matter or material, any sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature, which:
(1) Advertises for sale any merchandise, product, commodity, service, or thing;
(2) Directs attention to any business, mercantile, commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof;
(3) Directs attention or advertises any meeting, theatrical performance, exhibition, group, fundraiser, or other event whether the purpose of directing attention and advertising is for private gain or for raising funds for a charitable purpose; or
(4) Contains information that is of a noncommercial nature, but remains predominantly and essentially an advertisement, and is distributed or circulated for advertisement purposes, for private gain, or for raising funds for a charitable purpose.
HANDBILL DISTRIBUTOR. Means and includes any person engaging or engaged in the business for hire or gain of distributing commercial handbills, and any person receiving compensation directly or indirectly for the distribution of such commercial handbills.
HOME SOLICITATION TRANSACTION.
(1) A consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the merchant engages in personal solicitation of the sale to the consumer at a residence in person and the consumer’s agreement of offer to purchase is given at the residence to the merchant; or
(2) Any request for funds made by a person soliciting to the occupant of a residence at a place of residence and the solicitor is unknown to the occupant or owner of the residence at which the request for funds is made. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiation between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale; or a sale where the consumer initiated a request for an appointment for the merchant to send a representative to his or her residence; or a sale of realty in which transaction the purchase is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
INDIVIDUAL or PERSON. An individual, a person, a group of two or more individuals, a proprietorship, a partnership, a corporation, a limited liability company, an association, or other legal entity.
ITINERANT VENDOR. A person who sets up and operates a temporary business on privately owned property in the city or within a public right of way, for soliciting, selling, or taking orders for or offering to sell or take orders for any goods or services. A temporary business is one that continues for 30 days or less, and exists whether solicitation is from a stand, vehicle, or freestanding.
MERCHANT. Any person who is a party to a consumer transaction other than a consumer.
NON-COMMERCIAL. Means and includes any printed or written matter, any sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature, or any consumer transaction or request for funds, pertaining to any speech not included in the definition of commercial handbill or solicit funds or solicitation of funds or soliciting or solicitation as those terms are defined in this article. Non-commercial handbills include, but are not limited to, handbills containing exclusively political and religious speech.
PEDDLER. Any person who engages in commercial activities within city limits by carrying goods or merchandise and selling or offering for sale for immediate delivery such goods or merchandise from door-to-door, business-to-business, or upon public property.
SOLICIT FUNDS or SOLICITATION OF FUNDS OR SOLICITING OR SOLICITATION. Any home solicitation transaction; any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale or the purchasing or offering to purchase any property, real or personal, tangible or intangible, whether of value or not, including but not limited to goods, books, pamphlets, tickets, publications or subscriptions to publications, or taking or attempting to take orders for the future delivery of goods, merchandise, wares, services, or personal property. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limit of the city. Solicitation does not include any offers of membership in any organization.
SOLICITOR. Any person, firm, corporation or any other legal entity who goes from house to house or loiters at or travels to/from any location within the corporate city limits, without prior invitation if on private property, for the purpose of soliciting, selling or taking orders for any services, goods, wares or merchandise of any nature or kind whatsoever.
(Ord. 150526F, passed 5-26-2015)