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A. No solicitor shall intentionally make any materially false or fraudulent statement in the course of soliciting.
B. A solicitor shall immediately disclose to the consumer during face to face solicitation the first and last name of the solicitor, the name and address of the entity with whom the solicitor is associated and the true purpose of the solicitor's contact with the consumer.
C. No solicitor shall use a fictitious name, an alias, or any name other than his or her true and correct name.
D. No solicitor shall represent directly or by implication that the city endorses the solicitation or that the granting of a certificate of registration implies any endorsement by the city of the solicitor's product or service or of the individual solicitor. (Ord. 05-05, 4-7-2005)
The registration of any solicitor may be revoked at any time for violating any of the terms or provisions of this chapter or otherwise, if the solicitor becomes ineligible to continue as a registered solicitor, including, but not limited to, conviction of any felony in any jurisdiction or conviction of any crime involving moral turpitude. The license officer shall issue a notice of intent to revoke any certificate of registration issued pursuant to the provisions of this chapter if the registrant is convicted of a violation of this chapter or otherwise becomes disqualified for the issuance of a certificate of registration. The notice of intent to revoke shall be immediately given to the registrant by personal service or by certified mail to the address listed on the application and to the organization for which the registrant was soliciting. Immediately upon the giving of such notice, the certificate of registration shall become null and void and shall remain so unless the solicitor files an appeal pursuant to this chapter. (Ord. 05-05, 4-7-2005)
An applicant whose registration was denied or a registrant whose certificate was revoked by the license officer shall have the right to appeal to the city manager or his designee. Any appeal must be demanded in writing sent by certified mail or hand delivered to the city recorder with a copy to the license officer within seven (7) calendar days of the decision from which the appeal is taken. Such appeal shall describe in detail the nature of the appeal, the action complained of and the grounds for appeal. If the solicitor whose registration is revoked or denied files an appeal the certificate of registration or temporary certificate shall stay in effect until the appeal is heard and resolved. (Ord. 05-05, 4-7-2005)
A. Any occupant of a residence desiring to secure the protection of this chapter shall give notice of a desire to refuse solicitors by displaying a placard or sign no smaller than sixteen (16) square inches stating "No Soliciting", "No Solicitors", "No Salesmen" or words of similar import which shall be posted on or near the main entrance door or on or near the property line adjacent to the sidewalk leading to the residence.
B. The display of such sign or placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to receive and/or does not invite solicitors.
C. It shall be the responsibility of the solicitor to check each residence for the presence of any such notice.
D. The provisions of this section shall apply to solicitors who are soliciting under the provisions of section 5.86.050 of this chapter. (Ord. 05-05, 4-7-2005)
A. Every solicitor shall, prior to entering premises on which a residence or dwelling is located, examine the sidewalk leading to the residence or dwelling unit and the door and areas near the door for any "No Soliciting" sign or placard or any other notice or sign notifying a solicitor not to solicit on the premises, such as, but not limited to, "No Salesmen" and "No Solicitors" signs. If such sign or placard is posted, solicitor shall desist from any efforts to solicit at the residence or dwelling and shall immediately depart from such property. Possession of a certificate of registration does not in any way relieve any solicitor of this duty.
B. It is a violation of this chapter for any person not otherwise exempted to knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a "No Soliciting" or similar sign or placard. It is a violation of this chapter for any solicitor, through ruse, deception, or concealment of a purpose to solicit, to take action calculated to secure an audience with the occupant of a residence that has posted a "No Soliciting" or similar sign or placard.
C. Any solicitor who is at any time asked by the occupant of a residence or dwelling to leave shall immediately and peacefully depart. (Ord. 05-05, 4-7-2005)
It shall be unlawful for any person, whether licensed or not, to solicit any person at a residence before nine o'clock (9:00) A.M. and after eight thirty o'clock (8:30) P.M., or on holidays (defined herein to include: New Year's Day, Presidents' Day, Easter, Memorial Day, July 4 and 24, Labor Day, Thanksgiving Day, and Christmas Day) unless the solicitor has express permission from the resident to do so. (Ord. 05-05, 4-7-2005)
No peddler shall have any exclusive right to any location on the public streets or roads, nor shall any be permitted in a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede, inconvenience or endanger the public. For the purpose of this chapter, the judgment of a peace officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded, inconvenienced or endangered. (Ord. 05-05, 4-7-2005)
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