The following words and terms as used in this article shall be deemed to mean and be construed as follows:
Canvass shall mean activities such as opinion sampling, poll-taking, campaigning, proselytizing, or other similar activities that are conducted from dwelling to dwelling without offering the sale of goods, wares, merchandise, food, or services.
Canvasser shall mean any person who engages in canvassing for themselves or for any other person or organization, but such term shall not include a government census taker.
Dwelling shall mean a building or portion thereof, including residential-design manufactured homes, mobile homes, and manufactured homes, designed or used for a residential occupancy. For the purposes of this chapter, this term shall include common areas of multifamily residential structures.
Solicit shall mean traveling from dwelling to dwelling, offering the sale of goods, wares, merchandise, food, or services.
Solicitor shall mean any person who solicits, except the term shall not include a person who has been specifically invited by an occupant of a dwelling to solicit at the dwelling.
(Ord. 7; Ord. 48; Code 2021; Ord. 1859)
(a) It shall be unlawful for any canvasser or solicitor:
(1) To canvass or solicit within the city between the hours of 7:00 p.m. and 9:00 a.m. the following morning.
(2) To enter upon the private premises of any dwelling when the premises are posted with a sign stating “No Peddling,” “No Solicitations,” or any other words to such effect.
(3) To canvass or solicit upon, or to refuse to leave, any premises after having been asked by the owner or occupant thereof to leave the premises.
(b) It shall be unlawful for any solicitor to make false or fraudulent statements concerning the quality or nature of the solicitor’s goods, wares, merchandise, food, or services for the purpose of inducting another to purchase the same.
(Ord. 1859)
(a) It shall be unlawful for any person to solicit within the city without having first obtained a license as required in this article.
(b) A license shall not be required for a person who solicits within the city on behalf of non-profit organizations exempt from taxation under the Internal Revenue Code, if a letter is submitted to the city clerk certifying the organization’s tax-exempt status and describing the dates and nature of the planned soliciting activities on behalf of the organization.
(c) A license shall not be required for persons participating in school-organized fundraisers, persons under the age of 18, or persons soliciting on behalf of organizations approved by the city council.
(Ord. 1859)
The City Clerk, or an employee of the clerk’s office, may suspend or revoke a license if the solicitor:
(a) Fails to have visible, at all times while engaging in soliciting, a copy of the city license issued under this chapter.
(b) Fails to produce the city-issued license upon the request of the city, any law enforcement office, or any person to whom the licensee is soliciting.
(c) Fails to provide, at the request of the purchaser, a written receipt for purchases exceeding $5.00 in cash or tangible property, which receipt shall be signed by the person making the sale and shall set forth a brief description of the goods or services sold, the total purchase price thereof, the amount of cash payment, if any, and the balance due and terms of payment.
(d) Commits any unlawful act described in section 2 or any other violation of the law while soliciting.
If the solicitor is notified, in person or in writing, that they have violated a condition of licensure resulting in a suspension or revocation, the solicitor shall immediately cease soliciting upon the receipt of such notification.
(Ord. 1859)
(a) The fee to license each solicitor shall be as follows:
(1) Per person, per day $10.00
(2) Per person, per year $150.00
(Ord. 1859)