For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTI-SOLICITATION PROPERTY. Any property in the city, which has been either:
(1) Posted with signs with the words “No Solicitors”, or, “No Trespassing”, or other words of similar import thereon; or
(2) Registered by an owner or occupant thereof with the City Clerk as property to which uninvited solicitors are prohibited.
ANYBODY. Any human being, or organization or combination thereof in the form of a corporation, partnership, joint venture, unincorporated association or otherwise.
BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
EVERYBODY. Every human being, or organization or combination thereof in the form of a corporation, partnership, joint venture, unincorporated association or otherwise.
GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to wares and foodstuffs.
ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business uses any building, structure, vehicle, or any place with the city.
MOTOR VEHICLE SOLICITATION. The solicitation of the operator or occupant of any motor vehicle on any street or highway in the city, while the solicitor is standing outside the motor vehicle in the travel portion of the street or highway.
NOBODY. No human being, or any organization or combination thereof in the form of a corporation, partnership, joint venture, unincorporated association or otherwise.
PEDDLER.
(1) Any person who travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
(2) Any person who, without traveling from place to place, sells or offers goods for sale from any public place within the city; or
(3) A person who is a peddler is not an itinerant merchant.
REGISTERED SOLICITOR. A solicitor who has registered with the City Clerk therefore, by completing a Solicitor Registration Form provided thereby, which shall provide the following information about the solicitor:
(1) Legal name and all aliases.
(2) Date and place of birth.
(3) Residence address and telephone number.
(4) Name, address and telephone number of employer.
(5) Criminal history for the last three (3) years, including, without limitation, all offenses for which the solicitor has been prosecuted or convicted and the location thereof.
(6) A copy of the solicitor's license to operate a motor vehicle.
(7) The make, model, year, color, state of registration and registration number of each motor vehicle used by or for the solicitor.
(8) Social Security Number and/or Federal ID Number.
STANDARDS FOR ISSUANCE.
(1) Upon receipt of an application, an investigation, of the applicant's business reputation and moral character shall be made.
(2) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant fulfills any of the following conditions will constitute valid reason for disapproval of an application.
(a) Has been convicted of a crime of moral turpitude;
(b) Has made willful misstatements in the application;
(c) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like;
(d) Has committed prior fraudulent acts;
(e) Has a record of continual breaches of solicited contracts; or
(f) Has an unsatisfactory moral character.
SOLICITATION. The solicitation of contributions, the sales of goods or services or pledges, orders or subscriptions therefore, including, without limitation, the activities of those historically known and identified as peddlers, hawkers, canvassers, itinerant vendors and transient merchants.
SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.
UNINVITED RESIDENTIAL SOLICITATION. A solicitation at a residence in the city, without a prior appointment or other invitation therefore by an owner or occupant of the residence.
(Ord. 2010-003, passed 11-1-10)