SECTION:
5.86.005: Purpose
5.86.010: Definitions
5.86.020: Solicitation Prohibited
5.86.030: Exception For Invited Solicitor
5.86.040: Exemptions From Chapter
5.86.050: Charitable Exception
5.86.060: Registration Of Solicitors
5.86.070: Application For Certificate, Fees, Review, Issuance, Denial
5.86.080: Proof Of Identification Required
5.86.090: Registration Complete With Issuance
5.86.100: Form Of Certificate And Badge
5.86.110: Maintenance Of Registry
5.86.120: Renewal Of Certificate
5.86.130: Nontransferability
5.86.140: Deceptive Soliciting Practices Prohibited
5.86.150: Revocation Of Certificate
5.86.160: Appeal
5.86.170: "No Soliciting" Notice
5.86.180: Duties Of Solicitors
5.86.190: Time Of Day Restrictions
5.86.200: Street Use Restrictions
5.86.210: Noise Prohibited
5.86.220: Sales Near Churches, Schools And Playgrounds
5.86.230: Fees
5.86.240: Penalties
The city has an interest in protecting the well being, tranquility, and privacy of the home. The privacy includes an ability to avoid unwelcome intrusions, and the city has a responsibility to protect citizens from such intrusions. The city also has an interest in protecting consumers from inappropriate or fraudulent practices and to protect its citizens from criminal activity such as disorderly conduct, theft, trespass and assault. The city has a responsibility to protect its citizens from actual harm as well as to protect them from potential harm, which may result in unregulated door to door solicitation. There must be a balance of these legitimate interests of the city and the effect of the regulations on the rights of those who are regulated. Based upon the information which the city has considered and the experience of its officers and those affected by door to door canvassing and solicitation, the city finds that the procedures, rules and regulations set forth in this chapter are tailored narrowly to preserve and protect the city interests reflected herein while at the same time balancing the rights of those regulated. (Ord. 05-05, 4-7-2005)
For the purpose of this chapter, the following definitions shall apply:
HOME SOLICITATION SALE: A consumer cash sale or credit sale of goods or services in which the seller or a person acting for him engages in a face to face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to preexisting open end accounts, or a sale made between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
REGISTRANT OR REGISTERED SOLICITOR: Any person who is subject to this chapter who has obtained a valid certificate of registration from the licensing department of the city.
RESIDENCE: Any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the land use laws of the city.
SOLICITING OR SOLICITATION: Any of the following activities designed or intended to seek, obtain, promote or facilitate home solicitation sale:
A. Seeking or attempting to obtain orders for the sale or exchange of goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought;
B. Seeking or attempting to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications;
C. Seeking or attempting to obtain contributions of money or any other thing of value for the benefit of any association, organization, corporation, or program;
D. Seeking to obtain orders or prospective customers for goods or services;
E. Other activities falling within the commonly accepted definition of "soliciting".
SOLICITOR OR SOLICITORS: A person or persons engaged in the activities defined as "soliciting". (Ord. 05-05, 4-7-2005; amd. Ord. 2012-15, 9-20-2012)
Unless authorized or permitted pursuant to the terms and provisions of this chapter, the practice of being in and upon private residential property within the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise and/or services for the purpose of home solicitation sales, soliciting, or soliciting orders for the sale of goods, wares, merchandise and/or services, and/or for the purpose of disposing and/or peddling or hawking, the same is prohibited and is punishable as set forth in this chapter. (Ord. 05-05, 4-7-2005)
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