A. General. The City of Reading prohibits any person or organization from conducting solicitations and canvassing of residences without a permit. It shall be a violation of this Part to engage in solicitation and canvassing without a permit or otherwise not in accordance with the terms of this Part and the permit requirement.
B. Permit required. Every person, prior to engaging in activity as a solicitor or canvasser, whether acting on his or her own behalf, as principal, or as the employee or agent of another, shall apply for and obtain a permit as hereinafter provided:
(1) Application. All requests for a permit must be provided to the Chief of Police or his designee at least 10 business days but no more than 60 calendar days prior to the date of the requested activity. The Chief of Police or his designee shall issue a decision within three business days of the application being filed. The Chief of Police, for good cause shown, shall have the authority to consider any application under this section which is filed less than 10 business days before the date such event is proposed to be conducted, provided the Chief of Police or his designee shall have adequate time to conduct the investigation. An application and permit shall be required for each solicitation and canvassing period.
(2) Required information. All applications for permits must include at a minimum the following information and shall be signed by the organizer(s):
(a) Name(s). The name(s) of the person(s) making application for solicitation or canvassing within the City of Reading.
(b) Address. The permanent address and local address, if any, of each organizer.
(c) Physical features of applicant(s) including height, weight, age, sex, race, and social security number of each for background check purposes.
(d) Photocopy of driver's license or other official photo identification of each organizer.
(e) Description of the proposed solicitation or canvassing activity and purpose for activity (i.e., use of funds).
(f) Specific location(s) for solicitation or canvassing activity, including specific houses targeted, and number of Solicitors or canvassers at each such location.
(g) Dates and times of solicitation or canvassing activity.
(h) Names of all participants proposed to be solicitors or canvassers, and their ages. If any solicitors or canvassers are under 18, the names and addresses of adult supervisors; one adult supervisor per four solicitors or canvassers under age 18 is required.
(i) The application shall contain a statement that the submission of the application shall be considered to be consent by each organizer for a background check to be run by the Chief of Police at his discretion on any person named on the application and a statement that all information contained thereon is true and correct.
(j) Any additional information the Chief of Police may find reasonably necessary for a fair determination as to whether the proposed event will endanger public health, safety or welfare.
C. Investigation. The Chief of Police or his designee shall review the application for completeness and compliance with the terms of this Part. The Chief of Police shall check to see if there are any records of complaints against the applicant in the records of the Police Department or the NCIC crime database system. The Chief of Police may, at his discretion, conduct a background check of the organizers. The Chief of Police may, at his discretion, make any other inquiries he deems necessary for the investigation of the applicant or the organizers.
D. Decision. The Chief of Police may grant, deny, or grant a restricted permit. The Chief of Police shall issue a permit as provided in this Part from a consideration of the application and from such information as may otherwise be obtained, unless he finds that any or all of the following apply:
(1) The applicant or any organizers or participants have any criminal complaints pending against them, or have a criminal record involving crimes of theft, fraud, or other moral turpitude.
(2) The Chief of Police has reason to believe that the request for the solicitation or canvassing activity is of a fraudulent nature.
(3) The conduct of the solicitation or canvassing activity is contrary to the public's health, safety or general welfare.
(4) The application was not complete, or the application or permits requested are not fully in compliance with the requirements of this Part. The Chief of Police shall indicate on the application review form all reasons for rejection of the application.
E. Location and times.
(1) Prohibited times. No solicitation or canvassing shall be allowed before 9:00 a.m. or after 7:00 p.m., Sunday through Saturday.
(2) Locations. Solicitation and canvassing shall be permitted in all areas where residential use is permitted.
(3) Duration. A solicitation or canvassing activity may last no longer than seven days. A separate permit shall be required for each additional solicitation and canvassing period.
F. Permit. The Chief of Police shall indicate on the permit the permitted activities, locations, and duration of the permit. The Chief of Police may approve a smaller or shorter duration than requested; may reduce the number of solicitors or canvassers; may approve a different location; or, may generally make any other adjustments he believes necessary to the application to serve the public health, safety and welfare. The signed permit is to be kept on-site and in the possession of all organizers at all times that solicitation or canvassing is underway. If multiple locations are involved, a permit copy shall be kept at each location by each organizer. Permits shall be displayed at the request of any citizen or law enforcement personnel.
G. Non-content-based review. The content of the message of any applicant, their beliefs, the identification of the participants, or any other matter which does not directly impact on the public health, safety, and welfare, shall not be relevant to the determination of whether to grant or deny a permit.
H. Special requirements.
(1) There shall be no physical contact by the solicitor or canvasser with anyone being solicited or canvassed without the person's consent. This shall be deemed to include not only physical force or restraint but also the act of placing objects on the person or clothing of the solicitee.
(2) Solicitors and canvassers shall not occupy a fixed location on any public sidewalk or street. There shall be no interference with or blocking of movement or any pedestrian or vehicle by any solicitor or canvasser.
(3) A solicitor or canvasser shall not be permitted to make or cause to be made any loud noise to attract attention or for any other purpose. Such noises may include, but shall not be limited to, shouting, use of loud speakers, horns, drums, musical instruments or other sound devices.
(4) A solicitor or canvasser who is conducting such activity on private property, which is not open to the public, shall immediately leave such premises on request of any lawful occupant thereof.