(a) Registration Required. No peddler or solicitor shall peddle or solicit within the City unless he or she is the holder of a valid registration issued pursuant to this chapter. Canvassers do not need to register but must abide by relevant sections of this chapter.
(b) Registration Application; Contents. Application for a registration as a solicitor or as a peddler shall be made upon a form provided by the Service-Safety Director. Each application shall contain among other information, the name, address, and telephone number of the applicant; the name, address, and telephone number of his or her employer, if any; the nature of the goods or services for which he or she will take orders or to be offered for sale; proof of motor vehicle insurance; a valid operator’s license; the proposed method of operation in the City; a written commitment that such person(s) shall comply with Chapter 751 of the Codified Ordinances; and such other information as the Service-Safety Director may require.
(c) Criminal Background Checks.
(1) Required. All peddlers and solicitors not exempt in subsection (c)(2) hereof are required to provide a criminal background check completed that is no more than 30 days old. Said background check must be presented at the time a registration application is completed.
(2) Exempt. All charitable or religious solicitors or peddlers are exempt from the criminal background checks.
(d) Registration Prohibition.
(1) No person who has been convicted of:
A. Any felony; or
B. Any misdemeanors involving false statements, dishonesty, theft, offenses of violence, offenses against juveniles, or violations of Ohio Revised Code Chapter 2907,
shall be issued a registration.
(e) Registration Expiration. All registrations issued under this chapter shall be valid for not more than one year from date of issue or as otherwise designated by the Service-Safety Director.
(f) Group Registration. An organization which desires to place a number of solicitors or peddlers for charitable or religious purposes at residences or on public property in the City may make a group application to cover all of them, even if such application is for more than one fund raising event during the period for which the certificate is valid; however, a separate information card shall be issued to each solicitor or peddler by the registered organization. Such information card shall include, at a minimum, the name of the registered organization; description of the purpose of the solicitation; the period for which the registration was issued, and the name of the solicitor or peddler. The organization shall keep a record of each solicitor or peddler and his or her social security number and date of birth which shall be made available to law enforcement upon request.
(g) Exceptions.
(1) The provisions of this section shall not apply to solicitations conducted only among the members of the entity or organization conducting the soliciting or to solicitations in the form of collections or contributions at the regular assemblies, meetings or services of any such established charitable or religious organization.
(2) No registration shall be required of a farmer or producer who is selling the product of his own farm.
(h) Registration Revocation.
(1) Any registration issued hereunder shall be revoked by the Service-Safety Director if the holder thereof is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application. Any conviction for a violation of this chapter shall be cause for rejection of future registrations.
(2) Immediately upon such revocation, written notice thereof shall be given by the Service-Safety Director to the holder of the registration in person or by certified U.S. mail addressed to his or her residence address as set forth in the application. Immediately upon the giving of such notice the registration shall become null and void.
(i) Fraudulent Solicitations Prohibited.
(1) No solicitor or peddler shall make or perpetrate any misstatement, deception, or fraud in connection with any solicitation of any contribution for any charitable purpose.
(2) No person having entered into an agreement to conduct any solicitation on behalf of any person or any charitable purpose shall fail to remit or pay to the party entitled thereto the proceeds of such solicitation in accordance with the true terms of the agreement.
(j) Fee.
(1) No person shall act as a peddler or solicitor without the invitation or previous consent of the owner(s) or occupant(s) without first having secured from the Service-Safety Director a registration therefor. The fee for reach registration shall be as follows:
A. For one day: $1.00.
B. For one week: $5.00.
C. For one year: $15.00.
(2) All fees collected shall be paid into the General Fund.
(3) Fee exemption. Individuals or corporations soliciting or peddling on behalf of an educational, religious, civic or charitable organization shall not be required to pay registration fees.
(k) Nontransferable. Once issued a registration may be used only in conformity with the laws of the City and the State of Ohio and may not be assigned or transferred.
(l) Restrictions; Hours; Conduct. Every person to whom a registration to peddle or solicit is issued and every canvasser shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this chapter shall peddle, solicit, or canvass except between the hours of 9:00 a.m. and 8:00 p.m. or one-half hour after sunset whichever is later.
(2) No peddler, solicitor or canvasser shall enter or attempt to enter a residence, house, apartment or other dwelling in the City without an express invitation from an adult occupant of the residence, house, apartment or other dwelling.
(3) No peddler or solicitor shall engage in any peddling or solicitation other than that specified in the registration application.
(4) No peddler, solicitor or canvasser shall by any device make unlawful noises, nor shall any peddler, solicitor or canvasser remain at the residence, house, apartment or other dwelling in the City without the consent of any adult occupant of the residence, house, apartment or other dwelling in the City.
(m) Resident Prohibition by Notice. Notwithstanding any other provision of this chapter, no peddler, solicitor, or canvasser, while peddling, soliciting or canvassing, shall call upon, knock at the door or ring the door bell of any residence, house, apartment or other dwelling in the City upon which there is posted at the entrance a notice which reads: “No Peddlers, Solicitors or Canvassers Allowed”, or words of similar import, which clearly prohibits peddlers, solicitors and canvassers on the premises, unless such peddler, solicitor or canvasser has previously been invited upon the premises by the owner, lessee or an adult occupant thereof.
(n) Appeals. Any registrant or applicant may appeal his/her revocation or denial to the City Staff Safety Committee. Said appeal will be heard within 45 days. The Committee shall issue its finding in writing within 10 days of the meeting and shall mail said finding to the appellant at the address on the application.
(Ord. 34-07. Passed 6-25-07.)