CHAPTER 113:
Solicitors
Section
113.02 Certificate of registration
113.03 Application for certificate; requirements
113.05 Issuance and revocation of certificate
113.06 Notice regulating solicitation
113.08 Uninvited solicitors prohibited
113.09 Time limit on solicitation
113.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SOLICITING. Includes any one or more of the following activities:
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind or consideration whatever; or
(2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
(3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind or publication; or
(4) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation, or project.
RESIDENCE. Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
REGISTERED SOLICITOR. Includes any person who has obtained a valid certificate of registration as hereinafter provided, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
(’81 Code, § 23.01)
113.02 CERTIFICATE OF REGISTRATION.
Every person desiring to engage in soliciting as herein defined from persons in residences within this municipality, is hereby required to make written application for a certificate of registration as herein provided.
(’81 Code, § 23.02) Penalty, see § 113.99
113.03 APPLICATION FOR CERTIFICATE; REQUIREMENTS.
(A) Application for a certificate of registration shall be made upon a form provided by the Chief of Police of this municipality and filed with such Chief. The applicant shall truthfully state in full the information requested on the application, to-wit:
(1) Name and address of present place of residence and length of residence at such address; also business address if other than residence address; also Social Security number;
(2) Address of place of residence during the past three years if other than present address;
(3) Age of applicant and marital status; and if married, the name of spouse;
(4) Physical description of the applicant;
(5) Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;
(6) Name and address of employer during the past three years if other than present employer;
(7) Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in;
(8) Period of time for which the certificate is applied for;
(9) The date, or approximate date, of the latest previous application for certificate under this chapter, if any;
(10) Has a certificate of registration issued to the applicant under this chapter ever been revoked;
(11) Has the applicant ever been convicted of a violation of any of the provisions of this chapter, or the ordinance of any other state municipality regulating soliciting;
(12) Has the applicant every been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States;
(13) Also such additional information as the Chief of Police may deem necessary to process the application.
(B) All statements made by the applicant upon the application or in connection therewith shall be under oath.
(C) The Chief of Police shall require every applicant to submit to fingerprinting by the Police Department of this municipality in connection with the application for certificate.
(D) The Chief of Police shall cause to be kept in his office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
(E) No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States, within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.
(’81 Code, § 23.03) Penalty, see § 113.99
113.04 DEPOSIT REQUIRED.
Each applicant for a registration hereunder shall deposit with the City Clerk the sum of $100 in cash United States currency to be held by the Clerk to guarantee performance of the provisions hereof and that the Clerk shall hold the same for a period of 30 days and if no violations are brought to his attention within that period of time, that the deposit shall be returned to the person depositing the same. The deposit may be applied by the City Clerk to reimburse any person, firm or corporation which may cash any check payable to any such registrant upon which payment has been stopped by the maker thereof.
(’81 Code, § 23.12)
113.05 ISSUANCE AND REVOCATION OF CERTIFICATE.
(A) The Chief of Police, after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such certificate as herein required, and that the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter.
Endorsement shall be made by the Chief of Police upon the application of the denial of the application. When the applicant is found to be fully qualified, the certificate of registration shall be issued forthwith.
(B) Any certificate of registration issued hereunder shall be revoked by the Chief of Police if the holder of the certificate is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by certified U.S. mail addressed to his or her residence address set forth in the application.
(C) The certificate of registration shall state the expiration date thereof.
(’81 Code, § 23.04)
113.06 NOTICE REGULATING SOLICITATION.
(A) City police on soliciting. It is hereby declared to be the policy of the governing body of this municipality that the occupant or occupants of the residences in this municipality shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residence. If no determination is made as is provided in division (B), thereof, then in that event, registration is not required. (’81 Code, § 23.05)
(B) Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this chapter shall comply with the following directions, to-wit:
(1) Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any residence, shall be given in the following manner:
(a) A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:
1. Only solicitors registered in Lewistown invited.
2. No solicitors invited.
(b) The letters shall be at least one-third inch in height. For the purpose of uniformity the cards shall be provided by the Chief of Police to persons requesting, at the cost thereof.
(2) Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
(’81 Code, § 23.06)
113.07 DUTY OF SOLICITORS.
(A) It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located to first examine the notice provided for in § 113.06, if any is attached, and be governed by the statement contained on the notice. If the notice states “Only solicitors registered in Lewistown invited,” then the solicitor not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises; and if the notice states “No solicitors invited,” then the solicitor, whether registered or not shall immediately and peacefully depart from the premises.
(B) Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
(’81 Code, § 23.07) Penalty, see § 113.99
113.08 UNINVITED SOLICITORS PROHIBITED.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 113.06.
(’81 Code, § 23.08) Penalty, see § 113.99
113.09 TIME LIMIT ON SOLICITATION.
It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this chapter or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 10:00 a.m. or after 4:00 p.m. of any week day, or at any time on a Sunday, state or national holiday.
(’81 Code, § 23.09) Penalty, see § 113.99
113.99 PENALTY.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $750 for each offense.
(’81 Code, § 23.11)